The statute of limitations for minors in Arizona generally pauses a child's own injury claim until age 18. A parent's claim for the medical bills usually keeps running. Because Arizona filing deadlines differ by claim and defendant, families should not wait for the child to grow up.
What Is the Statute of Limitations for Minors in Arizona?
A filing deadline law sets the time limit for starting a lawsuit. In most Arizona personal injury cases, the deadline is generally two years from the date of injury (A.R.S. 12-542). The statute of limitations for a minor works differently. Under A.R.S. 12-502, an injured child's deadline is generally paused until age 18.
Arizona pauses the clock because a young child cannot hire a lawyer or gather evidence. That pause is one of the protections the law gives minors for personal injuries, and it has exceptions. The specifics of each case decide which deadline applies.
Does the Clock Start at the Injury or at Age 18?
For the child's own claim, the clock generally starts at age 18, not at the injury. The usual two-year period then generally begins on the 18th birthday. The parents' claim is different. A parent's right to recover medical bills the family paid is not paused, so that two-year time limit generally runs from the injury date.
Do not wait until the child turns 18. The parents' time limit keeps running, and witnesses, video and records do not last that long.
Can a Minor File a Lawsuit in Arizona?
Can a minor file a lawsuit in Arizona? Not alone. The claim belongs to the child, but a parent, one of the child's guardians or another adult generally brings it on the child's behalf. Those guardians often start by hiring an injury attorney. A court may also review settlements for minors before they become final. That review adds protections for the child, and it is one reason injury cases involving children take extra care. Before any settlements are signed, ask whether court approval is required.
Can a Parent File a Lawsuit for an Injured Child Before the Child Turns 18?
Yes. Nothing requires parents or guardians to wait before bringing an injury lawsuit for the child, and waiting costs evidence. A child hit by a car in a crosswalk, for example, raises right-of-way questions that depend on witnesses, traffic video and the police report, and those fade quickly.
The at-fault driver's insurance company may also reach out early with a release to sign. Signing the wrong release can injure your legal rights, so talk with a personal injury attorney first. Early settlements can close out personal injuries before their full extent is known.
Can a Minor Sue After Turning 18 for an Injury That Happened as a Child?
Generally yes, within the deadline that applies after the 18th birthday. A young adult can file their own injury lawsuit, but the case gets harder to prove with each passing year. Memories blur, a defendant may move, and records get archived.
Medical malpractice claims against a doctor or hospital follow their own rules, and medical negligence cases depend on records that age. If you suspect medical malpractice, call early.
What Is the Negligence Statute of Limitations for a Parent's Own Claim?
Negligence means failing to use reasonable care. Most injury claims from car accidents, pedestrian accidents, slip and fall incidents and unsafe property rest on it. The negligence statute of limitations is generally two years under A.R.S. 12-542, and for a parent's own claim the child's age does not pause it.
Parents often pay for a child's treatment after personal injuries, and their claim for those bills is theirs. If the family misses the two-year deadline, the insurance company may refuse that part of a personal injury claim even while the child's claim stays open. Damages (the money a claim seeks for losses) for the child's pain and future care are tied to the child's own claim. Injury lawyers track both dates separately for that reason.
How Does Statute of Limitations Tolling Work for an Injured Child?
Statute of limitations tolling means the deadline clock is paused for a legally recognized reason. For an injured child, the reason is age, one of the protections Arizona gives young claimants. While the child is under 18, the pause generally holds the child's own claim open.
Tolling does not stop the parents' two-year deadline, and it does not stop evidence of personal injuries from disappearing. Stores can overwrite surveillance video within days, witnesses relocate, and photos get deleted. Other reasons can also pause a deadline, but they depend on the facts, so ask one of our injury lawyers about yours.
How to Calculate Tolling Statute of Limitations for a Minor's Injury Claim
Use these steps, then confirm them with an injury attorney:
- Write down the child's birth date and the injury date.
- Identify who is responsible: a private driver or business, or a city, county, state agency or public school.
- For a private defendant, mark the child's 18th birthday. The child's two-year period generally begins there.
- Mark two years from the injury date for the parents' claim.
- If a public entity is involved, mark 180 days from the injury for the parents and 180 days from the 18th birthday for the child.
For illustration only, a child born on June 1, 2018 who is hurt in a crash in 2026 turns 18 on June 1, 2036. The child's two-year period would then generally run to June 1, 2038, while the parents' claim would generally end two years after the 2026 crash. Real dates shift with the facts. A car accident lawyer at our firm can run these dates for your family. You pay no attorney fee unless we recover money for you.
Do Claims Against a City, State Agency or School Have Different Deadlines for Minors?
Yes, and the deadlines in these injury cases are much shorter. A claim against a city, county, the state, a public school or a public employee needs a written notice of claim within 180 days that states a specific dollar amount (A.R.S. 12-821.01). An injury lawsuit must follow within one year (A.R.S. 12-821). Think of accidents like a crash involving a city vehicle or a fall on school grounds.
For an injured child, the 180-day notice runs from the 18th birthday (A.R.S. 12-821.01(D)). The parents' own claim for medical bills they paid is not paused, so their notice is due within 180 days of the injury. Do not wait until the child turns 18. A missed notice can end injury claims before they start, and naming a dollar amount early is hard, which is one more reason to call before you file anything.
| Situation | General deadline | | --- | --- | | Child's claim against a private driver or business | Paused until age 18 (A.R.S. 12-502), then generally two years | | Parents' claim for medical bills against a private party | Generally two years from the injury (A.R.S. 12-542) | | Child's claim against a public entity | Written notice within 180 days of the 18th birthday, then a lawsuit within one year | | Parents' claim against a public entity | Written notice within 180 days of the injury, then a lawsuit within one year |
These are general rules for injury claims. Liability, the defendant and the age of the child can change the dates in your case.
Minor Injury Deadlines: Your Questions Answered
Can you sue a kid under 18?
Sometimes. A child can be named in an injury lawsuit in some situations, but the rules differ by the child's age, the facts and whose insurance applies. Parents often worry about liability (legal responsibility) for what a child did. We review those specifics with you in a consultation before you decide anything.
How far back can you claim personal injury?
In most Arizona injury cases, you generally have two years from the injury (A.R.S. 12-542). Exceptions can shorten or extend that period. A child's own claim is generally paused until 18, while claims against public entities need written notice within 180 days. Some other injury claims carry a one-year deadline, so call promptly to check yours.
Can I sue a hospital for something that happened 10 years ago?
Possibly, but not always. A medical malpractice claim depends on the patient's age at the time, when the harm was found and whether the hospital is private or public. Medical negligence cases also need records. Medical malpractice claims carry their own rules and deadlines, so the timelines in this article should not be applied to them.
What are the four proofs of negligence?
An injured person generally shows four things: the defendant owed a duty of care, breached that duty, caused the injury, and the injury led to damages. Witnesses, medical records and photos help prove each one. Fault in these incidents is decided on all the evidence, not on any single document.
How hard is it to sue for negligence?
It depends on the evidence. The injured person carries the burden of proof, and the insurance company often disputes liability, cause or damages before it discusses settlements. Prompt documentation, witnesses and medical records help. We cannot predict any result, but an injury attorney can explain the steps and your legal rights.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship with Valley Accident Law.
Get Your Child's Filing Dates Checked
Parents and guardians can call 602-584-8054 and we will explain your legal rights in a free consultation. The earlier you call, the better, but it's never too late to find out your legal rights through our free case review.
