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Statute of Limitations Exceptions in Arizona Personal Injury Cases: A Complete Local Guide

One of the most common and costly mistakes Arizona injury victims make is waiting too long to take legal action. The statute of limitations can destroy even the strongest personal injury case if the deadline is missed—but there are important exceptions that can keep your claim alive. At GLG Personal Injury Lawyers, we’ve seen firsthand how exceptions can rescue deserving clients from technical dismissal. This guide explains Arizona’s deadlines, every major exception, and real case examples from Phoenix, Mesa, Tucson, and beyond.

Table of Contents: Statute of Limitations Exceptions in Arizona Personal Injury Cases

Introduction: Why Deadlines Matter

It doesn’t matter how serious your injuries are—if you miss Arizona’s filing deadline (statute of limitations), your claim will almost always be dismissed. But don’t give up hope: exceptions exist, and the law is more flexible than most people realize. Our team has saved cases that were years past the normal deadline by identifying special rules or hidden facts. Never assume you are out of time without speaking to a qualified attorney first.

Outline of This Guide

  • What is the Arizona statute of limitations for injury cases?
  • What exceptions exist—and how do they work?
  • Discovery rule, minors, incapacity, fraud, government claims, and more
  • Real case studies from Phoenix, Mesa, Tucson, Glendale, Scottsdale
  • Tips, common pitfalls, myth-busting, and an expanded FAQ

Arizona’s Basic Personal Injury Statute of Limitations

In most Arizona personal injury cases, you have 2 years from the date of the accident or injury to file a lawsuit (A.R.S. § 12-542). This applies to car accidents, slip-and-falls, dog bites, and many other claims. Miss the deadline, and your case will almost always be dismissed “with prejudice”—meaning you can never re-file.

Key Exceptions to Arizona’s Statute of Limitations

There are several important exceptions that can “toll” (pause or extend) the statute of limitations:

  • The Discovery Rule (hidden or delayed injuries)
  • Minors or legal incapacity
  • Fraud or concealment by the defendant
  • Claims against Arizona government entities (special notice requirements)
  • Out-of-state defendants (“absence” tolling)
  • Medical malpractice (distinct rules)
  • Wrongful death (date of death starts the clock)

The Discovery Rule Explained

This powerful exception “tolls” the statute until you knew or reasonably should have known you were injured and who was responsible. It often applies in medical malpractice, toxic exposure, or hidden injury cases. For example, if a defective hip implant fails years after surgery, the deadline may not start until failure is discovered—even if the original surgery was much earlier.

From our experience: In a Mesa case, a client was injured by exposure to chemicals at work but only developed symptoms two years later. The court applied the discovery rule, and her claim survived despite being three years after the exposure event.

Claims Involving Minors and the Incapacitated

Arizona law “tolls” the statute of limitations for minors (under 18) and for adults declared legally incapacitated (A.R.S. § 12-502). The clock does not start running until the minor turns 18 or the incapacitated person regains capacity.

Example: If a 15-year-old is hurt in a Glendale bike crash, they have until age 20 to file. If the injury caused a temporary coma or long-term incapacity, the timeline is paused until capacity returns.

Practical tip: Guardians or parents can file on behalf of minors, but the minor also retains the right to bring their own claim within the two-year window after turning 18.

Claims Against Arizona Government Entities

If your claim is against a city, county, state agency, or school district, you face much shorter deadlines and strict notice requirements (A.R.S. § 12-821, 12-821.01). You must file a formal “notice of claim” within 180 days of the injury or you will be forever barred. The lawsuit itself must be filed within 1 year, not 2.

Phoenix example: In 2023, a city bus passenger’s injury claim was dismissed because the notice was filed 2 weeks late. The judge had no discretion—even though the victim was still in rehab. Government claims are unforgiving; get legal advice immediately.

Fraud, Concealment & Tolling the Statute

If a defendant actively hides their role, lies, or conceals key facts, Arizona law allows the court to toll the statute until discovery. This is especially common in product defect, toxic tort, or professional negligence cases.

GLG client story: We represented a Tucson family in a carbon monoxide poisoning case. The landlord covered up evidence for years. We discovered the fraud, and the court allowed the case to proceed—five years after the original injury date.

City-Specific Examples: Phoenix, Mesa, Tucson, Glendale

  • Phoenix: 2022—Slip-and-fall at a shopping center; security video only surfaced after 18 months. The court applied the discovery rule, saving the claim.
  • Mesa: 2023—Car crash victim incapacitated by traumatic brain injury. Statute tolled until medical guardianship ended. Claim filed 3 years later was accepted.
  • Glendale: 2024—Dog bite case involving a child; suit filed at age 19 (within 2 years of turning 18) was timely.
  • Tucson: 2023—Nursing home abuse case where staff hid evidence; suit allowed 4 years after the fact due to concealment and the victim’s incapacity.

Detailed Case Studies from Arizona Practice

Phoenix: Medical Malpractice & Delayed Discovery

A Phoenix woman underwent surgery in 2021 and experienced worsening pain. She didn’t learn of a surgical error until a CT scan two years later. The two-year statute began on the date she discovered the error, not the date of surgery. Our firm was able to recover a full settlement even though the hospital tried to claim the case was “out of time.”

Scottsdale: Wrongful Death & Government Entity

In a government vehicle crash, a Scottsdale family missed the 180-day notice deadline but showed the city failed to provide timely information about the driver’s identity. The judge allowed the late notice, citing the city’s delay as “affirmative concealment.”

Tucson: Child Sexual Abuse—Special Statute Exception

Arizona law gives special latitude to survivors of childhood sexual abuse. Victims can file until age 30, or within 12 years of discovering the cause of their trauma—even if decades have passed. Our team helped a Tucson survivor hold an institution accountable for abuse that occurred in the 1990s, using new Arizona law as of 2019.

Practice Anecdote:

“Some clients come in convinced they have ‘waited too long.’ But in dozens of cases, exceptions, tolling, or delayed discovery have kept their rights alive. Never assume the answer without a deep legal dive—Arizona’s law is full of surprises.”

Pro Tips for Preserving Your Claim

  • Consult a lawyer immediately after any serious injury, especially if the deadline may be close or uncertain.
  • Don’t rely on verbal “advice” from insurance adjusters about your deadline—they often get it wrong.
  • Keep every document, letter, and email related to your case.
  • If the injury was hidden or symptoms were delayed, document the date you discovered the issue.
  • For minors/incapacitated adults, keep all guardianship and medical records—these may “pause” the clock.
  • Government claims: File a notice ASAP and get help—these cases are strict and unforgiving.
  • If there’s any hint of fraud or concealment, tell your lawyer; hidden facts may toll the statute for years.
  • Don’t delay because you’re “not sure who to sue”—the clock may run out while you decide.
  • Track all interactions with potential defendants, especially if they refuse to provide information.
  • File as soon as possible; even if an exception may apply, courts prefer prompt action.
  • Increasing use of digital discovery—text messages, security footage, and social media delays are now more common justifications for the discovery rule.
  • More Arizona courts recognizing trauma-related delayed discovery in abuse cases (especially for minors and vulnerable adults).
  • COVID-19-related tolling: Some deadlines were extended for filings delayed by court closures in 2020-2021.
  • Insurance companies aggressively challenge late claims—detailed evidence and documentation are more critical than ever.
  • Legislative changes: Watch for new exceptions, especially around institutional abuse or public health cases.

Myth-Busting: Statute of Limitations in AZ

  • Myth: “All cases must be filed in two years, no matter what.”
    Fact: Exceptions like the discovery rule, fraud, or minority/mental incapacity can extend or pause the deadline.
  • Myth: “You can negotiate with the insurance company and file later.”
    Fact: Talking doesn’t pause the clock. If the deadline passes, you lose—even if you’re still negotiating.
  • Myth: “The court can always make exceptions for fairness.”
    Fact: Statutes are strict—missed deadlines are rarely excused without clear legal justification.
  • Myth: “Government cases follow the same rules.”
    Fact: Claims against the state/cities require special notice within 180 days—much shorter than standard PI claims.
  • Myth: “I have to know all the facts before filing.”
    Fact: File to preserve your claim even if not all details are clear—facts can be developed later.

Local Non-Competing Law Firms & Resources

For statute of limitations issues, contact GLG Personal Injury Lawyers or a Phoenix Car Accident Attorney immediately.

FAQ: Statute of Limitations Exceptions

  1. What is the statute of limitations for most Arizona PI cases? 2 years from the date of injury.
  2. Are there exceptions to the 2-year deadline? Yes—discovery rule, minors, incapacity, fraud, and more.
  3. What about cases against the government? File notice in 180 days and suit in 1 year—much shorter than private claims.
  4. Does the clock stop for minors? Yes—until age 18; then 2 years to file.
  5. What if the injury wasn’t discovered until later? The clock starts at discovery, not necessarily at the event.
  6. Does talking to an insurance adjuster toll the statute? No—only formal legal exceptions pause the deadline.
  7. Can a case be filed after the deadline if there was fraud? Sometimes—the court may allow it if facts were actively concealed.
  8. How do I know if an exception applies to my case? Get legal advice—every situation is unique and facts matter.
  9. Can I file before knowing all the details? Yes—it’s better to file and amend later than miss the deadline.
  10. What if I miss the deadline? In most cases, you lose the right to sue. Only a valid exception can save the claim.

How-To: Protect Your Rights—10 Steps

  1. Consult an attorney immediately after any injury.
  2. Record the date of injury and all important facts.
  3. Ask about exceptions—don’t assume you are out of time.
  4. If a minor is hurt, track their birthday and age for deadline purposes.
  5. For government claims, file notice within 180 days—don’t delay.
  6. If fraud or concealment is suspected, save all evidence and communications.
  7. Keep all records and correspondence related to your case.
  8. Don’t wait for negotiations to end—file early if the deadline approaches.
  9. If incapacitated, have a guardian or representative act quickly.
  10. File to preserve your rights; you can always amend or add details later.

Conclusion: Don’t Wait, Don’t Lose

The statute of limitations is one of the most complex and unforgiving aspects of Arizona law—but exceptions may save your claim if you act quickly. If you’re unsure about your deadline, don’t guess. Contact GLG Personal Injury Lawyers or a Phoenix Car Accident Attorney for an immediate evaluation. Your future may depend on what you do today.

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