Understanding Arizona's Two-Year Deadline for Personal Injury and Other Civil Claims
In Arizona, you generally have two years to file a personal injury lawsuit. For many accidents, that period starts on the date of injury. A.R.S. § 12-542 also covers medical malpractice, wrongful death and certain civil property claims. A different deadline may apply depending on the type of claim and who you are filing against.
Key Takeaways
- General deadline: A.R.S. § 12-542 generally gives injured individuals two years to file a personal injury lawsuit in Arizona.
- Wrongful death: The two-year filing period generally starts on the date of death. The discovery rule can affect the deadline in some cases.
- Medical malpractice: Medical malpractice claims are expressly included under the statute.
- Property claims: The two-year period applies to certain civil claims involving injury to property, taking or carrying away personal property, or conversion.
- Government claims: You generally must serve a Notice of Claim on the authorized recipient within 180 days and file any lawsuit within one year. Both periods generally run from when the claim accrues.
- Minors and legal incapacity: A.R.S. § 12-502 may pause the limitations period for qualifying personal injury claims involving minors or individuals of unsound mind.
- Discovery rule: In certain cases, the deadline may begin when a person discovers, or reasonably should discover, the facts underlying the injury and its cause.
- Missing the deadline: Failing to file within the applicable limitations period can result in dismissal of the lawsuit and loss of the right to pursue compensation.
1. What Does A.R.S. § 12-542 Say?
A.R.S. § 12-542 establishes a two-year statute of limitations for several categories of civil lawsuits in Arizona. You generally have two years from when the claim accrues to file one of these lawsuits.
The statute covers six categories of legal actions:
- Personal injury: Claims involving injuries to another person, including medical malpractice.
- Wrongful death: Claims for a death caused by an injury. The filing period generally starts on the date of death.
- Property trespass: Claims involving trespass that causes injury to another person’s property or estate.
- Taking personal property: Claims involving the taking or carrying away of another person’s personal property.
- Conversion of property: Claims involving the wrongful detention or use of someone else’s personal property.
- Forcible entry or detainer: Certain legal actions involving unlawful entry onto or possession of property.
A.R.S. § 12-542 refers to Arizona’s product liability statute, A.R.S. § 12-551. The product liability section below explains how the Arizona Supreme Court ruled on its 12-year provision.
The Official Text of A.R.S. § 12-542
The following is the statutory language from Arizona’s Legislature:
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:
- For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.
- 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.
- For trespass for injury done to the estate or the property of another.
- For taking or carrying away the goods and chattels of another.
- For detaining the personal property of another and for converting such property to one’s own use.
- For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.
2. How Long Do You Have to File a Personal Injury Lawsuit in Arizona?
Arizona generally gives injured individuals two years from the date their personal injury cause of action accrues to file a lawsuit under A.R.S. § 12-542(1).
For many accidents, the limitations period begins on the date the injury occurs. This commonly applies to:
- Car accidents.
- Motorcycle accidents.
- Semi-truck and commercial vehicle accidents.
- Pedestrian accidents.
- Bicycle accidents.
- Slip and fall accidents.
- Other negligence-related injuries.
A lawsuit under Arizona’s dog bite statute, A.R.S. § 11-1025, generally has a one-year filing deadline under A.R.S. § 12-541(5). A separate claim based on common-law negligence generally has a two-year filing deadline.
Example: If you’re injured in an Arizona car accident on March 10, 2026, your general two-year filing deadline would be March 10, 2028.
However, this example assumes the claim accrued on the accident date and that no exception or other deadline applies.
Does the Two-Year Deadline Apply to Medical Malpractice?
Yes. A.R.S. § 12-542 expressly includes medical malpractice claims.
In a negligence-based medical malpractice claim, the patient generally must show that a licensed health care provider fell below the applicable standard of care and that the failure caused the injury. Examples may include:
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Medication errors
- Birth injuries
- Anesthesia errors
- Failure to properly monitor a patient
Although medical malpractice claims generally fall under the two-year statute, determining when the claim accrues can be more complicated than identifying the date of an accident.
The discovery rule may become relevant when an injury or its connection to medical negligence is not immediately apparent. A.R.S. § 12-561 defines which claims qualify as medical malpractice.
An attorney should review the specific circumstances before determining the applicable deadline.
3. How Does the Two-Year Deadline Apply to Wrongful Death Claims?
Arizona generally gives eligible parties two years from the date of death to file a wrongful death lawsuit under A.R.S. § 12-542(2). The discovery rule may affect the deadline when the facts linking the death to possible wrongdoing could not reasonably have been discovered earlier.
Example: Imagine someone suffers catastrophic injuries in a car accident on January 15, 2026, but passes away from those injuries on February 20, 2026.
Under A.R.S. § 12-542(2), the wrongful death claim generally accrues on February 20, 2026. The ordinary two-year deadline would therefore run from the date of death.
Who Can File a Wrongful Death Lawsuit in Arizona?
Under A.R.S. § 12-612, an eligible surviving spouse, child, parent, guardian or the deceased person’s personal representative may file one wrongful death lawsuit on behalf of the eligible beneficiaries.
A child’s age may affect the time to pursue that child’s claim. The Arizona Court of Appeals has applied minority tolling, a rule that pauses certain filing deadlines for minors, to children’s claims for a parent’s wrongful death.
Related Resource: Arizona Wrongful Death Claims After a Fatal Crash: Who Can File and What to Know Before You File
Legal Sources:
4. What Exceptions Can Change Arizona's Two-Year Statute of Limitations?
Although A.R.S. § 12-542 establishes a general two-year filing period, other Arizona statutes and legal doctrines can affect the deadline.
Some exceptions pause the limitations period, while others establish different deadlines or limit how long a claim can be pursued.
The following are important exceptions and modifications to understand.
Product Liability Claims: A.R.S. § 12-551
Arizona generally gives you two years from when a strict product liability claim accrues to file a lawsuit. A.R.S. § 12-551 still contains a 12-year provision tied to when the product was first sold for use or consumption. In Hazine v. Montgomery Elevator Co., the Arizona Supreme Court held that provision unconstitutional for strict product liability claims.
Source: A.R.S. § 12-551 – Product Liability
Claims Against Government Entities: A.R.S. § 12-821.01
If your claim is against an Arizona public entity, public school or public employee, you generally must serve a Notice of Claim within 180 days after the claim accrues. Serve the person authorized to accept it under the Arizona Rules of Civil Procedure. The notice must explain the basis for liability, state the specific amount you would accept to settle the claim and provide facts supporting that amount. Missing the notice deadline can bar the claim.
A.R.S. § 12-821 generally requires you to file any lawsuit within one year after the claim accrues. The notice and lawsuit are separate steps with separate deadlines.
Example: If you’re injured in a collision involving a government-owned vehicle, you may have substantially less time to protect your legal rights than someone injured in an accident involving a private driver.
There are also specific provisions addressing minors, individuals with certain disabilities and other circumstances.
Do not assume the standard two-year deadline applies to a claim involving a government entity.
Official Sources:
Minors and Individuals of Unsound Mind: A.R.S. § 12-502
Under A.R.S. § 12-502, if you were under 18 or legally considered of unsound mind when your claim accrued, Arizona may pause the filing period. For a qualifying claim, you generally have the usual time to file once you turn 18 or the qualifying incapacity ends. For example, if an ordinary personal injury claim accrued when you were 16, the two-year period generally starts when you turn 18.
Courts consider whether someone could manage daily affairs or understand their legal rights and responsibilities when assessing whether they meet the legal standard for unsound mind.
A parent’s separate claim can have a different deadline. For claims against an Arizona public entity or employee, A.R.S. § 12-821.01(D) gives qualifying claimants 180 days after the disability ends to submit a Notice of Claim.
Source: A.R.S. § 12-502 – Effect of Minority or Insanity
Absence From Arizona: A.R.S. § 12-501
A.R.S. § 12-501 can pause the filing period when a defendant is outside Arizona and cannot be served by a legally authorized method that gives the court jurisdiction over the defendant. If the defendant can still be served while outside Arizona, the filing period generally keeps running.
Source: A.R.S. § 12-501 – Effect of Absence From State
Selby v. Karman
The Discovery Rule: When Does the Clock Actually Start?
Under Arizona’s discovery rule, the filing period generally begins when you know, or reasonably should know, enough to connect your injury to possible wrongdoing by a person or organization. The clock can start once those facts would prompt a reasonable person to investigate, even if you are still gathering evidence.
The timing of discovery is often a factual question that depends on the circumstances.
Legal Sources:
5. What Happens If You Miss the Arizona Statute of Limitations?
Missing the applicable filing deadline can result in dismissal. The defendant can raise the statute of limitations as a defense, even if you have strong evidence that another party caused your injuries.
Does Missing the Deadline Mean You Automatically Lose Your Case?
A claim that appears late may still be timely if it accrued later or a rule paused the filing period. The applicable deadline depends on the facts and the type of claim.
Can You Still File an Insurance Claim After the Two-Year Deadline?
It depends on the coverage, policy terms and applicable law. Insurance claims can have their own notice or filing deadlines. The deadline to file a lawsuit generally keeps running while you pursue an insurance claim or negotiate a settlement.
6. How Can You Protect Your Rights Before the Filing Deadline?
The best way to protect a potential personal injury claim is to understand the applicable deadline early and take steps to preserve evidence.
You do not have to wait until you’re ready to file a lawsuit to speak with an attorney.
Consider taking the following steps:
- Seek medical attention: Get evaluated as soon as possible after an accident. Follow your treatment recommendations and keep copies of medical records, bills and diagnostic results.
- Document the accident: Save photographs, videos, police reports, witness information and other documentation that may help establish what happened.
- Preserve important records: Keep insurance correspondence, repair estimates, medical bills, employment records and receipts for accident-related expenses.
- Notify your own insurer: Follow your policy’s reporting requirements. Before giving a recorded statement to another party’s insurer or accepting a settlement offer, consider getting legal advice.
- Identify the applicable filing deadline: Claims against Arizona public entities or employees and claims under Arizona’s dog bite statute can have shorter deadlines. Wrongful death claims and claims involving minors can follow different timing rules.
- Consult an experienced personal injury attorney: An attorney can evaluate your claim, identify potentially responsible parties, determine the applicable deadline and help protect important evidence.
7. How Does Ramos Law Help Arizona Injury Victims Protect Their Legal Rights?
At Ramos Law, we understand that an accident can change your life in an instant. Medical expenses, lost income, physical pain and uncertainty about the future can make an already difficult situation even more stressful.
Understanding the legal deadlines that apply to your claim is an important part of protecting your rights.
Our approach combines legal experience with a medical perspective. Founder Joseph Ramos, MD, JD, brings a background in emergency medicine and law to the firm’s approach to personal injury cases.
Our team can help you:
- Evaluate the circumstances of your accident.
- Identify potentially responsible parties.
- Determine which Arizona filing deadlines may apply.
- Investigate the cause of your injuries.
- Preserve important evidence.
- Communicate with insurance companies.
- Pursue compensation for legally recoverable damages.
We believe injured people deserve a legal team that takes their recovery seriously, communicates openly and prepares every case with care.
8. Don't Let Arizona's Two-Year Deadline Cost You Your Right to Recover
Contact Ramos Law today for a free case evaluation. Our team can review the circumstances of your accident, explain the deadlines that may apply and help you determine the next steps. Don’t leave your legal rights to chance.
Call Ramos Law today. You pay no attorney fees unless we win your case.
What Makes Us Different, Makes Us Better.
A.R.S. § 12-542 FAQs
What is A.R.S. § 12-542?
A.R.S. § 12-542 is an Arizona law establishing a two-year statute of limitations for several civil actions, including personal injury, medical malpractice, wrongful death, certain property trespass claims, conversion of personal property and forcible entry or detainer.
How long do I have to file a personal injury lawsuit in Arizona?
Arizona generally gives injured individuals two years from the date their cause of action accrues to file a personal injury lawsuit under A.R.S. § 12-542. Certain exceptions may affect when the deadline begins or how it is calculated.
When does the two-year statute of limitations begin in Arizona?
For many injury claims, the filing period starts on the date of injury. The discovery rule can affect when it starts. For wrongful death claims, the period generally starts on the date of death.
Does the Arizona statute of limitations apply to medical malpractice?
Yes. A.R.S. § 12-542 expressly includes medical malpractice claims. These cases generally have a two-year limitations period, although the discovery rule and other applicable legal provisions may affect the deadline.
How long do I have to file a wrongful death lawsuit in Arizona?
Generally, two years from the date of death under A.R.S. § 12-542(2). The discovery rule, minority tolling or shorter deadlines for claims against a public entity may affect the filing period.
Does Arizona give minors more time to file a personal injury lawsuit?
For a qualifying personal injury claim that accrued before age 18, the ordinary two-year period generally begins when the person turns 18. Separate rules may apply to wrongful death and public-entity claims.
What is the discovery rule in Arizona?
The discovery rule generally starts the filing period when you know, or reasonably should know, enough about your injury and who may have caused it to investigate possible wrongdoing.
What is the statute of limitations for claims against the government in Arizona?
For claims against Arizona public entities or employees, you generally must serve a Notice of Claim on the authorized recipient within 180 days after the claim accrues. You generally must file any lawsuit within one year after accrual. Special rules can affect both deadlines.
Does Arizona have a statute of repose for product liability claims?
A.R.S. § 12-551 contains a 12-year provision tied to a product’s first sale for use or consumption. The Arizona Supreme Court held it unconstitutional for strict product liability claims, which generally follow the ordinary two-year filing period.
What happens if I miss the two-year filing deadline?
Missing the applicable statute of limitations can result in dismissal of your lawsuit. The defendant may raise the expired deadline as an affirmative defense. Certain exceptions or tolling provisions may apply, but you should not assume that you qualify for an extension.
Does filing an insurance claim stop the statute of limitations in Arizona?
The lawsuit deadline generally keeps running while you file an insurance claim or negotiate with an insurer. Separate notice and filing deadlines can apply to the insurance claim.
Can I file a personal injury lawsuit after two years in Arizona?
Potentially, depending on the circumstances. The discovery rule, statutory tolling provisions and other legal exceptions may affect the deadline. However, these exceptions are fact-specific and do not apply automatically.
Does the two-year statute of limitations apply to property damage in Arizona?
The two-year period applies to certain civil claims, including trespass causing property damage, taking personal property and conversion. The filing period depends on the legal basis of the claim.
How can a personal injury attorney help me understand Arizona's statute of limitations?
An experienced attorney can evaluate when your claim accrued, identify applicable exceptions, determine whether a separate deadline applies and help ensure the lawsuit is filed within the required period. Early legal guidance can also help preserve evidence and protect your ability to pursue compensation.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Statutes of limitations and other filing requirements depend on the specific facts of each case. The information provided should not be relied upon as a determination of an individual’s filing deadline. Consult an Arizona-licensed attorney regarding your circumstances.