By law, there is a limited amount of time in which a person can sue for an injury. This is known as the statute of limitations. The statute of limitations for personal injury varies by state.
In Arizona, the complainant typically has two years, as stated in Ariz. Rev. Stat. Sec. 12-542, the Arizona statute of limitations for personal injury cases.
“Discovery of Harm” Rule
While Arizona has a two-year statute of limitations for personal injury cases, the time does not start until the person is aware of the harm, or reasonably should be aware of it.
An example of this could be if a woman undergoes a Cesarean section and a doctor mistakenly leaves a small bandage in her abdomen. After she returns home from the hospital, she becomes severely ill. Days later she seeks medical attention, and the bandage is discovered in her abdomen. The statute of limitations would typically start on the day the medical team discovered the bandage.
However, in the above example, if the woman disregards the intense symptoms and goes months without seeking medical care, the statue of limitations may start not at discovery of the bandage, but at the onset of the pain.
There are other exceptions to the Arizona statute of limitations for personal injury cases, including — but not limited to — injury claims against the government.
If you or someone you know has been injury due to someone else’s negligence, contact the attorneys at Negretti & Associates immediately for a free case evaluation.
Even if your injury happened nearly two years ago, review your case with the Negretti & Associates attorneys to see if your case could hold up in court. For more information, please call us at 602-531-3911 or click here to email us.