By Christine Anderson Ferraris
Hi folks, this month we’re sharing few general tips on requirements to pursue a legal claim against an Arizona public entity.
Generally, you need to file claim quickly with the appropriate authority – In Arizona, Notice of Claim Statutes, Arizona Revised Statutes Sections 12-820 through 12-826 govern how to pursue a claim against a public entity, and they are not the easiest of statutes to follow. The statutes mandate that anyone who seeks to make a claim against a public entity first provide the appropriate authority of that entity with a valid notice of the claim within 180 days of when the claim has accrued. I emphasize the bolded terms because these can be traps for the unwary and for those unfamiliar with the statute and how it has been applied by the Arizona courts since the statute was passed by the Arizona legislature in 1994.
The appropriate authority – To identify the authority that is authorized to accept delivery (often referred to as “service of process”) of a notice of claim is not always a simple task. As a rule, one should ask the public authority such as a city, a county, a board, or a commission, “Who is the person who is authorized to accept a Notice of Claim?” For example, if you have a claim against a state university, the Arizona Board of Regents is the authority that must receive a Notice of Claim. Usually, the Arizona Attorney General is the authority to serve a Notice of Claim against a state public entity.
What must a notice of claim include? – The Notice of Claim statutes require that the notice: (a) include sufficient facts that support the claim and (b) provide a “specific amount for which the claim can be settled and the facts supporting that amount.” While these conditions seem straightforward, the sufficiency of facts and specificity of the amount is often litigated.
The 180 days and One Year Statute– All notices first must be delivered to the authorized entity within 180 days after the claim is discovered and, after this prerequisite (should matters not resolve), a lawsuit must be filed within one year after the claim has accrued as provided under A.R.S. 12-821.
Don’t be surprised if you don’t receive an answer to your Notice of Claim –The public entity may wait until a lawsuit is filed before it will respond to a Notice of Claim.
Final words: If your claim is of relatively low value there may be a standard form to complete. A good place to make an initial inquiry is the administrative authority. For example, if a City, contact the City Clerk and ask how to file a Notice of Claim. If you believe you have a substantial claim, I suggest that you contact an attorney who may have acted against that particular entity, as they should be well versed in how to proceed efficiently to pursue all viable claims to recover for your harm and loss.
Keep safe and be well,
Christine
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The information provided does not, and is not intended to, constitute legal advice; instead, all information is for general informational purposes only. Information may not constitute the most up-to-date information. Links are only for the convenience of the reader, A. Ferraris Law, PLLC and its members do not endorse the contents of the third-party references.
Christine Anderson Ferraris and her firm, A. Ferraris Law, assist consumers and business owners harmed by the government, or another business. She has been for several years the race director for the CV50/50 children’s trail run in Colossal Cave Mountain Park each November.
