In personal injury cases, the statute of limitations is the specific period of time you have to either settle your injury claim with the insurance company or file a personal injury lawsuit.
The statute usually begins to run on the date of the injury. The deadline can be extended, or “tolled” if the victim is a minor or legally incapacitated.
If you haven’t settled your claim or filed a lawsuit against the at-fault party before the statute runs out, you lose your right to seek compensation, no matter how badly you’re injured. The insurance company doesn’t have the legal authority to extend the deadline.
Each state has its own statute of limitations laws, and most states have different time limits for different case types, like injury claims, property damage claims, wrongful death, medical malpractice, and libel or slander. A few states have a deadline specifically for car accident claims.
ARS §12-542
Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation
Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:
1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.
2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.
3. For trespass for injury done to the estate or the property of another.
4. For taking or carrying away the goods and chattels of another.
5. For detaining the personal property of another and for converting such property to one's own use.
6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.
Statute of Limitations by state:
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
2 years
2 years
2 years
3 years
2 years
2 years
2 years
2 years
3 years
4 years
2 years
2 years
2 years
2 years
2 years
2 years
2 years
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
1 year
1 year
6 years
3 years
3 years
3 years
2 years
3 years
5 years
3 years
4 years
2 years
3 years
2 years
3 years
3 years
3 years
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
6 years
2 years
2 years
2 years
2 years
3 years
3 years
3 years
1 year
2 years
4 years
3 years
2 years
3 years
2 years
3 years
4 years
Protect yourself
If someone else is at fault for the accident that caused you to be injured, check the statute of limitations in the state where the incident occurred. The statutes of limitations for all states allow a sufficient amount of time to settle a minor personal injury claim with an insurance company.
In some cases, the injury claim and settlement process can take longer than expected. Sometimes, the statutory deadline is looming, and the injury victim hasn’t settled their claim.
“Tolling” the statute
If the statute of limitations deadline is rapidly approaching, and you still haven’t settled your claim, your only option is to file a lawsuit before the deadline. Filing a lawsuit suspends the statute of limitations. This indefinite suspension is referred to as “tolling” the statute.
Once the statute of limitations is tolled, you’ll have plenty of time to continue pursuing a settlement without worrying about missing any deadlines. Even though you’ve filed a legal action, your attorney can continue negotiations with the insurance company. In most cases, claims settle before anyone appears in front of a judge.
Insurance claims adjuster
Insurance company claims adjusters are experts at dragging out personal injury claims for as long as possible when it suits their purpose. Delaying a settlement by even one month means more money in the insurance company’s pocket. Moreover, if the claim isn’t settled before the statutory deadline and you didn’t know enough to file a lawsuit, the insurance company is no longer legally obligated have to pay.
You are responsible for knowing the statute of limitations for your injury claim. The insurance adjuster won’t alert you to the deadline and is not required to cooperate in settling your claim before the statute expires. Keep in mind that verbal settlement agreement’s are not enough, you must have a signed settlement agreement or file a lawsuit before the statute runs out, or you’ll forfeit your right to compensation.
Personal injury attorney
Injury attorneys can do a lot for you. Complicated claims with severe or permanent injuries are often best handled by a skilled attorney for the best possible outcome.
Even if you’ve been negotiating your injury claim on your own, you may want to consult an attorney if negotiations have stalled or the statute of limitations is approaching. Don’t wait until the last minute to protect yourself. Many injury attorneys offer a free consultation.
Contact our office at (520) 877-2666 for recommendations if you are unsure about choosing a personal injury attorney or if you have any questions about statute of limitations.