Common Statute of Limitations Exceptions in Arizona

Speak With a Phoenix Serious Injuries Lawyer Today If you’ve been injured due to the negligence, recklessness, or intentional misconduct of another party, then Arizona law may give you a right to sue and recover compensation for your various losses.  When pursuing a claim against the defendant(s), however, it’s important to understand that you do not have an unlimited amount of time — personal injury claims are governed by a statute of limitations deadline.  If the deadline passes before you file your claims, then you will be barred from pursuing compensation in an Arizona court.  The risk of “waiting too long” is therefore substantial. The statute of limitations can vary from case-to-case.  Generally speaking, personal injury claims are governed by a two-year statute of limitations deadline in Arizona, though this period may be shortened under certain circumstances (i.e., the defendant is a public employee or entity, for which the deadline will be just one year from the date of injury). Fortunately, you may not be entirely without options if the deadline passes.  In Arizona, and elsewhere, there are a few exceptions that allow the plaintiff to suspend the statute of limitations countdown, thus extending the deadline.  We encourage you to contact Hirsch & Lyon for an assessment of your case and guidance on how to proceed, particularly if you find yourself in a difficult procedural situation. Absence of Defendant from State According to Section 12-501 of the Arizona Revised Statutes, if the defendant is absent from the state during the […]

First Party Insurance Claims and Wrongful Denial

If you’ve been injured in a car accident, and you have significant liability coverage, then you may be entitled to compensation pursuant to the terms of your insurance plan.  In many motor vehicle accident cases, however, the injured are constantly challenged by their insurer and may not be awarded the benefits they seek.  This can place a significant burden on the injured plaintiff, who may not have any other recourse for compensation. Here at Hirsch & Lyon, we have extensive experience handling motor vehicle accident disputes, including those that require a first-party insurance claim.  Contact us for comprehensive guidance on how to proceed. First Party Insurance Coverage is Invaluable First-party insurance coverage is particularly applicable to motor vehicle accident scenarios in which the defendant-driver lacks sufficient insurance coverage to compensate you for your losses.  For example, if you have suffered damages in excess of $200,000, but the defendant has insurance coverage that pays out only $35,000, then that will be insufficient for your purposes.  You will have to seek full and adequate compensation through other means — in most cases, through first-party insurance coverage. Wrongful Denial and Bad Faith Claims Many plaintiffs do not realize that insurance companies are fundamentally arrayed against them.  It is the insurer’s goal to minimize their payouts so that they can maximize their overall profits.  As such, insurers tend to be aggressive in denying first-party insurance claims made by policyholders.  They may justify the denial in a number of different ways, such as by arguing […]

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