In cases against the government, a “Notice of Claim” must be filed against the entity that caused the accident or injury. The deadline for properly serving the entity is not 6 months, but exactly within 180 days after the incident. Failure to do this will not allow you to file a lawsuit within a year thereafter. Hence, the typical 2 year statute of limitations, explained above, does not apply in cases against the government.
Arizona’s notice of claim statute, A.R.S. § 12-821.01, provides, in relevant part:
A. Persons who have claims against a public entity or a public employee shall file claims with the person or persons authorized to accept service for the public entity or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity or public employee to understand the basis upon which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim which is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.
The notice of claim statute “allow[s] the public entity to investigate and assess liability, . . . permit[s] the possibility of settlement prior to litigation, and . . . assist[s] the public entity in financial planning and budgeting.” Falcon ex rel. Sandoval v. Maricopa County, 213 Ariz. 525, 527, ¶ 9, 144 P.3d 1254, 1256 (2006). Thus, the notice of claim statute is designed to protect public entities and the public treasury. See Martineau v. Maricopa County, 207 Ariz. 332, 335-36, ¶ 19, 86 P.3d 912, 915-16 (App. 2004).
It is our job to maximize your potential settlement through careful review of the facts and theories of liability.
In this manner, our office is committed to obtaining the compensation you deserve. We meet personally with each and every injury victim to learn their story, their damages, and how the accident has affected their personal lives. Whether your claim involves only temporary injuries and property damage, or catastrophic damages, we will fight your case.
Adolfo Lara Lawyer in Tucson Arizona
Contact attorney Tucson Injury Attorneys Adolfo Lara and Jeff Gould, of counsel, for a consultation about the issues discussed in this page. Our consultations are always free, and we work on a contingent fee basis. You pay no legal fees unless we win your case! We will also review