Arizona Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadline is strict. Any claim not filed within 180 days after the cause of action accrues is barred and no action may be maintained on it (A.R.S. 12-821.01(A)). Reading the statute or contacting the entity's clerk or risk management office confirms the current rule.

2. 2

   One statute covers both tracks. The same 180-day rule applies to claims against the State, cities, counties, school districts, other public entities and public employees.

3. 3

   The cause of action accrues when the claimant realizes the damage and knows or reasonably should know its cause (12-821.01(B)). For a claim subject to an administrative or dispute resolution process, accrual is delayed until that process is exhausted (12-821.01(C)).

4. 4

   The claim is filed with the person or persons authorized to accept service for the public entity under the Arizona Rules of Civil Procedure. For the State, ADOA Risk Management directs claimants to the Office of the Attorney General, 2005 N. Central Avenue, Phoenix, AZ 85004, by hand delivery or mail.

5. 5

   The claim must contain facts sufficient to permit the entity to understand the basis on which liability is claimed, a specific amount for which the claim can be settled, and the facts supporting that amount (12-821.01(A)).

6. 6

   A claim is deemed denied 60 days after it is filed, unless the claimant is told of a denial in writing sooner (12-821.01(E)). The suit deadline still runs from accrual: all actions must be brought within 1 year after the cause of action accrues (A.R.S. 12-821).

7. 7

   A minor, or an insane or incompetent person, may file the claim within 180 days after the disability ceases (12-821.01(D)). A public entity, and a public employee acting within the scope of employment, is not liable for punitive or exemplary damages (A.R.S. 12-820.04).

Arizona Requirements for Notice of Claim

• 180-Day Claim Deadline

  A.R.S. 12-821.01(A): a claim against a public entity, public school or public employee not filed within 180 days after accrual is barred, and no action may be maintained on it.

• When the Claim Accrues

  A.R.S. 12-821.01(B): accrual is when the claimant realizes the damage and knows or reasonably should know its cause; delayed for a claim subject to an administrative or dispute resolution process until exhausted (12-821.01(C)).

• Recipient

  A.R.S. 12-821.01(A): file with the person or persons authorized to accept service for the public entity. For the State, ADOA Risk Management directs claims to the Office of the Attorney General, by hand delivery or mail.

• Settlement Amount and Supporting Facts

  A.R.S. 12-821.01(A): the claim contains facts showing the basis of liability, a specific amount for which it can be settled, and the facts supporting that amount.

• Deemed Denial

  A.R.S. 12-821.01(E): the claim is deemed denied 60 days after filing unless the claimant is advised of a denial in writing sooner.

• One-Year Suit Deadline

  A.R.S. 12-821: all actions against a public entity or public employee must be brought within 1 year after the cause of action accrues.

• Minors and Incompetent Persons

  A.R.S. 12-821.01(D): a minor, or an insane or incompetent person, may file the claim within 180 days after the disability ceases.

• No Punitive Damages

  A.R.S. 12-820.04: a public entity, or a public employee acting within the scope of employment, is not liable for punitive or exemplary damages.

• Itemized Damages

  Break the settlement amount into its parts, such as medical costs, lost wages and property damage, with the bills or estimates behind each figure.