Arizona Personal Injury Statute of Limitations

In Arizona you generally have two years from the date of the injury to file a personal injury lawsuit (A.R.S. § 12-542). If your claim is against a city, county, the state, a public school or any government employee, two separate and much shorter deadlines apply: a written notice of claim within 180 days, and suit within one year. Miss any of them and the claim is barred, no matter how strong it is.

The Standard Deadline: Two Years

A.R.S. § 12-542 requires that an action for "injuries done to the person of another" be commenced within two years after the cause of action accrues. In most car accident, motorcycle, truck, dog bite and slip-and-fall cases, the clock starts on the day of the accident.

"Commenced" means the lawsuit is actually filed with the court. Negotiating with an insurance adjuster does not stop the clock, and an adjuster is under no obligation to warn you that it is running out. This is the single most common way a legitimate claim dies.

Wrongful Death: Two Years From the Date of Death

Section 12-542 treats a claim "for injuries done to the person of another when death ensues" as accruing at the death of the party injured — not at the date of the accident. Where someone is badly hurt and dies weeks or months later, the wrongful death clock starts at the death, which can be materially later than the injury date.

Claims Against a Government Entity: 180 Days, Then One Year

This is the exception that catches people out, and it is worth understanding precisely because the two requirements are separate.

1. Notice of claim — 180 days

Under A.R.S. § 12-821.01, anyone with a claim against a public entity, public school or public employee must file a written claim within 180 days after the cause of action accrues. The statute requires more than a letter saying you were hurt: the claim must contain facts sufficient for the entity to understand the basis of liability, and "a specific amount for which the claim can be settled and the facts supporting that amount." A claim not filed within 180 days is barred.

2. The lawsuit itself — one year

A.R.S. § 12-821 is separate: "All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward." Serving a timely notice of claim does not buy you the usual two years. You still have to file within one year.

These rules reach further than most people expect — a collision with a city bus or a police vehicle, a crash caused by a defective road or a missing sign, an injury on public school grounds, or a fall in a county building can all fall under them.

Dog Bites: One Year for the Strict Liability Claim

Dog bites are the exception most people get wrong. Arizona gives you two different deadlines, and the shorter one applies to the easier claim.

Under Arizona’s dog bite statute, A.R.S. § 11-1025, an owner is liable “regardless of the former viciousness of the dog or the owner’s knowledge of its viciousness.” You do not have to prove the owner was careless, and Arizona has no “one free bite” rule. But because that claim is a liability created by statute, it carries the one-year limit in A.R.S. § 12-541 — not the usual two.

A negligence claim against the same owner still gets the standard two years under A.R.S. § 12-542. So at 18 months after a bite you may still have a case — but you have lost the version of it that does not require proving fault.

When the Clock Pauses: Minors and Incapacity

Under A.R.S. § 12-502, if the injured person is under eighteen or of unsound mind when the cause of action accrues, "the period of such disability shall not be deemed a portion of the period limited for commencement of the action" — and they get the same time as anyone else once the disability is removed. In practice a child injured at ten generally has until two years after their eighteenth birthday. Do not rely on this without advice: it does not extend every deadline, and the shortened government deadlines are treated differently.

Other situations can affect timing too — see common statute of limitations exceptions in Arizona and tolling the statute of limitations.

Why Waiting Costs You Even Before the Deadline

Evidence disappears. Surveillance footage is often overwritten within weeks. Skid marks and vehicle damage are gone in days.
Witnesses move and forget. A statement taken in the first month is worth far more than a recollection two years later.
Gaps in treatment get used against you. Insurers argue that a delay between the crash and the first medical visit means the injury was not serious or was caused by something else.
Leverage evaporates. An adjuster who knows your filing deadline is close has little reason to offer a fair number.

Arizona Injury Deadlines: Questions

How long do I have to file a personal injury lawsuit in Arizona?

Two years from the date the cause of action accrues, under A.R.S. § 12-542. For most accident claims that is the date of the accident. If your claim is against a government entity or employee, you must serve a notice of claim within 180 days and file suit within one year instead.

What happens if I miss the statute of limitations?

The claim is barred. The defendant will move to dismiss and, absent a recognized exception such as minority or incapacity, the court will grant it — regardless of how clear the other driver's fault was or how severe your injuries are. This is why the deadline, not the settlement offer, should drive your timing.

Does talking to the insurance company extend my deadline?

No. Only filing a lawsuit stops the limitations clock. Settlement negotiations, recorded statements, medical authorizations and an adjuster telling you the file is "still open" have no effect on it. Insurers are not required to remind you that time is running out.

What is the deadline to sue a city or the state in Arizona?

Two deadlines apply and both must be met. A written notice of claim containing the facts and a specific settlement amount must be filed within 180 days of accrual under A.R.S. § 12-821.01, and the lawsuit itself must be brought within one year under A.R.S. § 12-821. This applies to public entities, public schools and public employees.

Is the deadline different for a wrongful death claim?

The period is still two years, but it runs from the date of death rather than the date of the injury when the person dies from injuries sustained earlier. If the claim is against a government entity, the 180-day notice and one-year filing rules apply here too.

How long do I have to file a dog bite claim in Arizona?

One year for a strict liability claim under A.R.S. § 11-1025, because that is a liability created by statute and falls under the one-year limit in A.R.S. § 12-541. A negligence claim against the owner still gets two years under A.R.S. § 12-542. The one-year deadline is the one to watch, since strict liability does not require proving the owner was careless.

Talk to a Certified Specialist Before You Decide

If you are anywhere near a deadline — or you are not sure which deadline applies — do not wait to find out. A free case review costs nothing and commits you to nothing. Call 602-535-1900 — we answer 24/7 — or contact us online. Cases are handled by Jack Hirsch, one of only 93 attorneys in Arizona certified by the State Bar as a specialist in injury and wrongful death litigation.

This page is legal information, not legal advice. Deadlines and outcomes depend on the specific facts of your case — confirm both with a lawyer.