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Personal Injury · California vs. Arizona vs. New Mexico

How Long Do You Have? California vs. Arizona vs. New Mexico

The headline number is easy. The deadlines hiding underneath it are what actually cost people their claims — and each of these states hides a different one.

CaliforniaArizonaNew Mexico
Ordinary injury claim2 years2 years3 years
Government claim noticeAbout 6 months180 days90 days
Dog bite2 years1 year for strict liability3 years
Medical malpracticeIts own rule, from discovery2 years, with discoveryStatute of repose from treatment
Wrongful death2 years from death2 years from death3 years from death

New Mexico gives the most time, then takes it back

Three years for an ordinary claim is the most generous of the three. But New Mexico also has the shortest government notice period at 90 days, and medical claims run on a statute of repose that can start at the treatment rather than at discovery of the harm.

Arizona hides a one-year clock inside a two-year state

Arizona's strict-liability dog-bite claim — the stronger of the two dog-bite theories, because it does not require proving the owner knew — expires in one year rather than two. People read "two years", wait, and lose the better claim.

California’s trap is the government claim

Two years is the general rule, but the six-month presentation requirement for public entities runs first and is easily missed when it is not obvious a public entity was involved at all — a dangerous road, a public hospital, a contractor working for a city.

The practical rule

Treat the earliest plausible deadline as the real one, and find out early which clocks are running on your facts rather than which one applies to most people.

Read the detail for your state

This page compares. These go into what actually applies where you were hurt.

Common questions

Which state gives me the most time?

New Mexico, for an ordinary claim — three years against two. But it also has the shortest government-claim deadline of the three, so the answer flips depending on who caused the harm.

Does the clock start at the injury or when I found out?

Usually the injury, but all three recognize a discovery rule in appropriate cases, and medical claims often follow their own rule entirely.

Not sure which state’s law applies to you?

It is not always obvious — and it changes the answer. A free, confidential review sorts it out in about two minutes.

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General information, not legal advice. Every situation is different, and which state’s law applies is itself a legal question.