Do NOT File a Notice of Claim Against a Government Entity Before Speaking With a Scottsdale Attorney
- Neil Udulutch
- 5 hours ago
- 8 min read
If you were injured because of a government agency or public employee in Arizona, your case is very different from a typical car accident or slip-and-fall claim.
In Arizona, when a public entity or public employee is involved, you usually must first serve a special document called a Notice of Claim before you’re allowed to file a lawsuit.
That step is not just a formality. Arizona’s Notice of Claim rules are technical, unforgiving, and enforced strictly by the courts. A small mistake can destroy an otherwise valid claim. That is why one of the most important decisions you can make after a government‑related injury in or around Scottsdale is this:
Do not sign, fill out, or send any Notice of Claim or written demand to a government entity before you talk to an experienced personal injury attorney.
At Desert Winds Law, PLLC, we represent clients in Scottsdale and across Arizona in serious injury cases, and we regularly navigate the Notice of Claim process for people hurt by government negligence.
What Is a Notice of Claim Under Arizona Law?
Arizona’s Notice of Claim statute—A.R.S. § 12‑821.01—applies when your claim is against a public entity, public school, or public employee. That includes many common situations in and around Scottsdale, such as:
Collisions with city vehicles or school buses
Injuries on city‑maintained sidewalks, roads, or parks
Negligence by employees of public hospitals or clinics
Claims against state agencies or Maricopa County departments
The statute requires that:
You must serve a written Notice of Claim within 180 days after your claim “accrues” (often the date you knew or reasonably should have known you were injured and who might be responsible).
The Notice must be delivered to the person authorized to accept service for that particular public entity or public employee, as identified in the Arizona Rules of Civil Procedure.
The Notice must include:
Facts sufficient to permit the entity or employee to understand the basis of the claimed liability; and
A specific amount for which the claim can be settled (often called a “sum certain”),
Plus the facts supporting that settlement amount.
Arizona courts and commentators repeatedly stress that this is a mandatory, non‑negotiable requirement: if a claim is not properly filed within the 180‑day period, it is barred, and no action may be maintained on it.
For injured people, that means your entire case can be lost before it ever gets to court, even if liability is clear and your injuries are serious.
Why Arizona Claims Against Government Entities Are Different
Most people have heard of the general two‑year statute of limitations for personal injury claims in Arizona. But that does not apply the same way when a government entity is involved.
Instead, Arizona law creates a separate, shortened framework:
180 days to serve a compliant Notice of Claim under A.R.S. § 12‑821.01.
One year from accrual to file the actual lawsuit against a public entity or employee under A.R.S. § 12‑821—a special statute of limitations for actions against public entities and employees.
Local legal resources and practitioners emphasize that personal injury claims involving government defendants are more complex and time‑sensitive than ordinary cases and recommend early consultation with a personal injury lawyer.
Strict Compliance: Why “Close Enough” Can Still Kill Your Claim
Arizona appellate decisions have made it clear that courts expect strict compliance with the Notice of Claim statute, particularly regarding the sum certain requirement and proper service.
The “Sum Certain” Requirement
In the widely discussed case Deer Valley Unified School District No. 97 v. Houser, the Arizona Supreme Court held that a Notice of Claim must strictly comply with A.R.S. § 12‑821.01, including the requirement to state a specific amount for which the claim can be settled.
Legal analysts note that after Deer Valley, vague or conditional language like:
“At least $X,”
“Between $A and $B,” or
“Policy limits”
can be deemed non‑compliant, giving government entities a powerful defense to knock out claims before trial.
Serving the Wrong Person or Office
Another common trap, especially when people try to handle things themselves, is delivering the Notice to the wrong person or department.
Arizona courts have held that delivering a Notice of Claim to someone who is not the proper person authorized to accept service, such as only one member of a multi‑member governing body, does not satisfy the statute or the civil rules, even if that person is connected to the entity.
In practice, this means that dropping your letter off with a front desk at a city building, emailing a department head, or handing it to the wrong county office can leave your Notice legally ineffective.
Common Mistakes Residents Make When They File a Notice of Claim on Their Own
When people try to “just write a letter” or use a generic form to start a claim against a public entity, certain mistakes show up again and again:
Waiting Too Long and Missing the 180‑Day Deadline
Arizona’s Notice of Claim statute gives you 180 days from accrual to serve a compliant Notice. Many injured people focus on medical treatment first (understandably) and assume they have up to two years to worry about legal issues.
By the time they realize that a city or state agency might be responsible, the 180 days may have already passed. Or, there may not be enough time left to investigate, identify the right parties, and prepare a fully compliant Notice.
Not Identifying the Correct Public Entity or Employee
Scottsdale and the surrounding areas have overlapping layers of government:
City of Scottsdale
Maricopa County
State of Arizona
Various school districts, boards, and special districts
A crash on a road near the Scottsdale border, or an injury on property used by multiple agencies, can raise difficult questions about who is really responsible. Legal guides on Arizona’s Notice of Claim process emphasize that misidentifying the entity or failing to serve all responsible public actors can leave you without a remedy.
Failing the “Specific Amount” Requirement
Filling in the wrong kind of number, or none at all, is one of the easiest mistakes to make without legal help. Some self‑represented claimants
Leave the settlement amount blank,
Use a broad range, or
Say “to be determined after treatment,”
not realizing that Arizona courts interpret the statute strictly and have invalidated Notices that do not clearly state one specific dollar amount.
Not Providing Enough Facts to Support the Claim and the Amount
The statute requires facts sufficient to explain both the basis of liability and the amount demanded. That means you must provide enough detail for the government’s risk management or legal department to evaluate:
What happened,
Why their employee or property is allegedly at fault, and
How you arrived at your settlement figure (medical bills, lost wages, pain and suffering, etc.).
Arizona legal authorities warn that overly vague notices, or those that merely assert conclusions without factual support, can be found non‑compliant.
Making Statements That Hurt Your Case
When people draft their own Notices, they often:
Downplay their symptoms (“I’m probably fine, just sore”),
Accept more blame than the evidence supports (“I should have watched where I was going”), or
Speculate about the cause without evidence.
Resources on Arizona government claims note that what you write in your Notice of Claim can later be used by the government to argue against liability or damages, or to undermine your credibility.
Underestimating Long‑Term Damages
When you’re only a few months out from a crash at an intersection or a fall on city property, it can be hard to predict:
Future medical treatment and surgeries,
Ongoing pain or limitations,
Impact on your work and earning capacity, and
Long‑term care needs.
Yet the settlement amount you list in your Notice of Claim is a critical anchor for your case. Scottsdale‑area attorneys who handle these claims stress the importance of carefully evaluating both current and future damages before locking in a number.
How a Scottsdale Personal Injury Lawyer Helps Before You Ever File the Notice
Talking to a personal injury attorney before you sign or send any Notice of Claim gives you a strategic advantage at the very start of the case.
Here’s what an experienced lawyer can do for you:
Identify All Responsible Government Entities and Employees
A lawyer will investigate whether your claim involves:
The City of Scottsdale or another municipality,
Maricopa County,
A state agency (like ADOT or a state hospital), or
A specific public employee acting within their job duties.
Arizona commentary on the statute makes clear that properly identifying all potentially liable public entities is essential, so that the right entities and individuals receive effective notice.
Calculate a Defensible “Sum Certain”
Your attorney will examine:
Medical bills and records,
Wage loss documentation,
Future treatment needs and likely costs, and
Pain, suffering, and other non‑economic damages
to determine a specific settlement amount backed by evidence. That helps avoid both being underpaid because you asked for too little, and having your Notice challenged as unsupported or vague under Deer Valley.
Draft the Facts Strategically
An attorney familiar with local roads, intersections, and facilities can craft a factual narrative that:
Explains clearly what happened and why the government is liable,
Provides a factual foundation for your damages, and
Avoids careless admissions or speculation.
Practitioners writing about Arizona’s Notice of Claim law emphasize that the content and wording of the Notice can shape the trajectory of the case and should not be treated as a simple form letter.
Ensure Timely and Proper Service
Your lawyer will:
Calculate the 180‑day Notice deadline,
Confirm the correct person or office authorized to accept service for each entity or employee, and
Arrange for proper delivery in compliance with Arizona’s civil rules.
Arizona commentary and case law show that errors in service, even if you delivered the Notice to someone connected to the entity, can render the claim invalid.
What Happens After You Serve a Notice of Claim?
Once a compliant Notice of Claim is properly served on the appropriate government entity or employee:
The entity has 60 days to respond. If it does not grant or deny the claim in writing within that time, the claim is deemed denied by statute.
You generally cannot file a lawsuit until after those 60 days, but under A.R.S. § 12‑821 you must still file your lawsuit within one year of accrual or the claim is time‑barred.
Resources discussing Arizona government claims note that during this period, public entities frequently challenge Notices on technical grounds—because if the Notice is found defective, the case can be dismissed before trial. Having an attorney involved early protects your claim against these attacks.
When Should You Call an Attorney?
If you even suspect that a government entity may be involved in your injury, the safest approach is to contact a lawyer as soon as possible. Local resources consistently urge people to consult a personal injury attorney quickly when a city, county, school district, or state agency may be at fault.
You should seek legal help immediately if:
You were hurt on city property (streets, sidewalks, parks, facilities).
The crash involved a city vehicle, school bus, or other government‑owned vehicle.
A police officer, firefighter, or other public employee may be responsible.
You’ve received a letter or form from a government agency or its insurer asking you to “fill out this claim form” or “send us your written notice.”
Remember: the government’s risk management office is not your advocate. They have no duty to warn you about missing details or incorrect service.
Talk to Desert Winds Law, PLLC Before You Sign Anything
If you live, work, or were injured in Scottsdale or the greater Phoenix area and believe a government entity or employee may be responsible, the 180‑day clock is already running. The Notice of Claim you send can decide whether your case survives.
Desert Winds Law, PLLC is a personal injury firm serving clients throughout Arizona, focused on helping injured people maximize their recovery after serious accidents.
Before you:
Sign a government “Notice of Claim” form,
Write your own demand letter to a government entity,
Accept a quick settlement offer from a public entity’s insurance carrier,
Talk to an attorney who understands Arizona’s Notice of Claim statute and regularly handles such cases. Get in touch with Attorney Neil Udulutch at Desert Winds Law anytime 24/7, for free one-on-one consultation. Starting a case or not, you deserve clarity and peace of mind.
This is an advertisement. The information in this post is for general informational purposes only and does not constitute legal advice. Past results do not guarantee a similar outcome.
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