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Notice of Claim

Experienced Government Negligence Attorney in Phoenix - (602) 483-6114

Have you been injured due to the negligence of the government or a government employee? If so, it is likely you will need to file a claim against the government to recover compensation for your injuries. The first step to any injury claim involving a government employee, department, or other entity is to file a Notice of Claim. Our Phoenix government negligence attorneys are here to assist you through every step of the claim process to ensure your claim is effective.

Start your case today with Alex & Associates Contact our team by calling (602) 483-6114.

What Is a Notice of Claim?

The first step to filing an injury claim against any government agency or employee, according to Arizona Revised Statute 12-821.01, is to file a Notice of Claim with the individual authorized to accept service on behalf of the public entity or employee. The Notice of Claim must be filed within 180 days of the injury. If this deadline is missed, you are barred from filing a claim or bringing a lawsuit against the agency or employee in question. Your Notice of Claim must also include sufficient evidence of the entity’s liability and the amount the claim can be settled for.

It’s an important distinction that a Notice of Claim is not actually the start of a lawsuit. It is often the first step to recover compensation, but it isn’t the same as filing a lawsuit. A Notice of Claim allows the responsible government entity to respond to your claim and settle with you, without going to court. If the government hasn’t responded within 60 days, however, your claim is considered denied, and litigation will be the next step to recover compensation. While filing a Notice of Claim doesn’t change the period of time you have to file a lawsuit, failing to file the notice can bar later lawsuits.

How Notice of Claim Laws Can Complicate Injury Cases

If you have been injured, you generally have 2 years from the date of your injury to bring a claim against the responsible party, according to the Arizona statute of limitations. The Notice of Claim Statute dramatically limits this time when a government agency or employee is the responsible party. Rather than having the full 2 years to file a claim or lawsuit, this statute requires you to start your claim process within 180 days and holds off your ability to file a lawsuit for an additional 60 days after filing a Notice of Claim. After the 60 days have passed you only have 1 year to file your lawsuit, rather than the 2 full years other injury cases have.

You must also submit your notice to the appropriate person, who is authorized to accept service of the process. It can be challenging at best to figure out just who this person is, especially without legal counsel. Submitting to the wrong person can cause delays that can derail your claim and cause you to miss the deadline.

Finally, you will need to submit sufficient support for your claim, the settlement amount being sought, and support for that amount. You will need to provide evidence showing how the government entity has liability for your accident, and how your injuries were caused directly by the accident. You will also need to submit medical bills, receipts, proof of income and lost wages, and other evidence of your financial losses due to the accident. This is used to justify the settlement amount.

Ready to Begin Your Claim? Speak with Our Phoenix Government Negligence Lawyers - (602) 483-6114

There are many factors that can complicate your case, and it can be a challenge to prevail against the government. That doesn’t mean you need to lose hope, though! Our experienced legal team at Alex & Associates P.C. understands the complexities of the Notice of Claim Statute and can help you fight for your rights. Our Phoenix government negligence attorneys have proudly represented injured victims in their cases since 1973.

Contact our firm to begin your case with a complimentary consultation. Call (602) 483-6114 now.

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