How long do I have to file a claim against a city or the state in Arizona?

Question

Accepted Answer

Short answer: two separate clocks apply, both running from accrual of the cause of action .

1. 180 days to file a notice of claim. A person with a claim against a public entity, public school, or public employee must file a written claim with the person or persons authorized to accept service under the Arizona Rules of Civil Procedure within 180 days after the cause of action accrues . The claim must contain facts sufficient to show the basis for the liability claimed, plus a specific amount for which it can be settled and the facts supporting that amount . A claim not filed within that period is barred, and no action may be maintained on it .

2. One year to file the lawsuit itself. All actions against a public entity or public employee must be brought within one year after the cause of action accrues, and not afterward .

When the clocks start. A cause of action accrues when the damaged party realizes they have been damaged and knows, or reasonably should know, the cause, source, act, event, instrumentality, or condition that caused or contributed to the damage .

Exceptions that move the start date:
- If the claim must first go through a binding or nonbinding dispute-resolution process or an administrative claims or review process, it does not accrue until those remedies are exhausted; both the time to give notice and the time to sue then run from the date the final decision or notice of disposition is issued .
- A minor or an insane or incompetent person may file a claim within 180 days after the disability ceases .

After the notice of claim is filed. The claim is deemed denied 60 days after filing unless the claimant is advised of the denial in writing before the 60 days expire .

Scope note. The statutes frame these deadlines in terms of a "public entity" and "public employee" and do not define the term "public entity" .

Because a notice of claim filed late is barred outright , you may wish to consult a licensed Arizona attorney promptly about how these deadlines apply to your situation.