The period of time in which a lawsuit or other civil action must be filed is known as a statute of limitation. This time period is measured starting from the date of the incident in question, meaning a plaintiff has a limited amount of time to file their claim or lawsuit. The specific statute of limitation varies depending on the type of claim.
Statutes of limitations are intended to preserve the integrity of evidence and witness testimony. They also prevent the threat of a lawsuit long after a disputed event has happened. In Arizona, the statute of limitations is set at 2 years for personal injury claims, while the limit for libel/slander is set at one year.
However, there are instances where a person can’t reasonably know with certainty that an injury has even occurred. For example, a person might not realize that their cancer was work-related until after they have retired. Additionally, there are situations where the statute of limitation can be paused. This sometimes occurs if a plaintiff was a minor or mentally incapacitated at the time of the incident. A statute of limitation can also be shortened through a contractual agreement.
Below is a brief list of statutes of limitations in Arizona
- Personal Injury: 2 years
- Libel/Slander: 1 year
- Personal Property Damage: 2 years
- Fraud: 3 years
- Trespassing: 2 years
- Professional Malpractice: 2 years
- Written Contracts: 6 years
- Oral Contracts: 3 years
- Debt Collection: 3 years
- Judgments: 4 years
Whether your case is in Sedona or Phoenix, you will need to be aware of Arizona’s statutes of limitations if you wish to be successful in court. Because these statutes of limitations can vary from case to case, it is recommended that you speak with an experienced attorney before filing your claim or lawsuit.