What is a Notice of Claim in a Civil Lawsuit?

Jody L. Broaddus

Arizona, like most states, has limitations as to when the Arizona government, municipalities, public entities, and public employees can be liable for injuries and damages resulting from their wrongful acts. Many people are unaware of Arizona’s Notice of Claim statute, A.R.S. § 12-821.01, which contains specific requirements that must be met if someone intends to assert a claim against an Arizona public entity or employee. Here is some important information you need to know if you are considering making a claim for personal injuries or civil rights violations under the Arizona Constitution against any Arizona public entity or employee.

Deadlines – A person who has a claim against a public entity, public school, or public employee must file a Notice of Claim within 180 days from the date of the injury. Failure to timely file a Notice of Claim may forever bar the person from pursuing the claim or bringing a lawsuit. The governmental entity or employee has 60 days to respond, and the claim is automatically deemed denied if they do not respond. If the Notice of Claim requirement is satisfied within 180 days, there is also a one-year time limitation in which a lawsuit can be filed. If a Notice of Claim is not filed within 180 days, no lawsuit can be filed.

Service – A Notice of Claim is not actually “filed” with any court. Rather, the term “filing” means the Notice of Claim must be served with the person or persons authorized to accept service for the public entity, public school, or public employee. In general, a registered process server, sheriff, and sheriff’s deputy are authorized to serve a Notice of Claim. Mailing, even if by certified mail, is insufficient to comply with service requirements. Further, if a public employee is named in the Notice of Claim, the Notice of Claim must personally be served on that employee. Serving the employer does not constitute service on the employee unless the employee has specifically authorized the employer to accept service.

Content – A Notice of Claim must contain facts sufficient to permit the public entity, public school, or public employee to understand the basis on which liability is claimed. To comply with this requirement, the Notice of Claim should identify all persons subject to the claim, the background facts, the basis for liability, and the injuries and damages sustained by the person making the claim. Also, the Notice of Claim must contain a specific amount for which the claim can be settled and the facts supporting that amount.

Please note that there are other laws and regulations as to asserting claims under federal law and claims against the federal government, its agencies, and its employees. You should immediately consult with an attorney if you are considering asserting a claim against any governmental entity to ensure your rights are protected.

Eye On P.
Eye On P.
1720977655
I signed up for an account on a Sunday and made an error. I was completely surprised when Shanice... contacted me via email to help fix the error. That was incredible as I was going to wait until Monday to call and get help. Very proactive and professional. If this is an indication as to the type of service they provide, I made the right choice.read more
Dana M.
Dana M.
1720909366
I spoke with Miss Shanice on a Saturday. She returned my call within a couple of hours. She was... very pleasant and professional. We converted my plan to the Family Plan. It took less than five minutes. I'm very pleased with AOR. I hope that I'll never need them.read more
J R
J R
1720655144
The Attorney and Paralegal I worked with did an extraordinary job in aiding my comprehension of the... legal system as it pertained to my situation. Attorney Emma Wittmann and Paralegal Tory Stewart were both extreme knowledgeable, efficient at answering any/all questions, and went above and beyond in all aspects. I am quite pleased with their work. I absolutely and unequivocally recommend both Attorney Emma Wittmann and Paralegal Tory Stewart should you be in need of legal counsel, and by extension law firm Attorneys for Freedom. Thank you all so much!read more
Timothy M.
Timothy M.
1720647678
I researched Attorneys On Retainer extensively and found nothing but excellent reviews. I want to... add my review of five stars to the reviews after interacting with the firm and specifically Mike Wasdin. He was a great help in navigating the paperwork and my membership within the organization. Thank You Mike.read more
gilbert C.
gilbert C.
1720060140
This message is for all the gun owners in the state of Connecticut recently we have some new laws... which are very ridiculous but anyway this is regarding the Attorneys For Freedom the return every cent that I spend for the past year because they couldn’t work in the state of Connecticut, but they have the integrity and the ethics to still represent us in case of self-defense cases without charging usthey’re working to see if they can change the law and be able to work one more time in the state of Connecticut I would like to encourage every gun owner in the state of Connecticut and outside the state of Connecticut that happen to have the same situation that we and write a review a positive review because they deserve itI have to admit I was very surprised, but it was a good surprise. It is rare to find this caliber of people.They are willing to do the right thing so please support Attorneys For Freedom because they are unique among the rest.read more
js_loader