Arizona Personal Injury Law

The following summary of Arizona personal injury laws and theories of liability will help you understand important aspects of injury claims in this state.

Arizona Statute of Limitations:

• ANY Personal Injury: 2 years
• Medical Malpractice: 2 years
• Products Liability: 2 years
• Intentional Torts: 1 year

Caps on Personal Injury Awards in Arizona:

The Arizona Constitution specifically prohibits the enactment of a law which limits the damages a person may recover for personal injury or death.

However, Arizona is a pure comparative fault state meaning that insurance adjusters and juries, in the event of a jury trial, are able to adjust awards based on a comparison of the fault of all involved parties, including the purported victim.

In the case of Arizona Workers Compensation law, there are specific guidelines to be followed and attorneys are not allowed to take a contingency fee of more than 25%.

Arizona Serious Injury Threshold:

There is no serious injury threshold in the state of Arizona. However as mentioned above, the comparative fault doctrine can limit awards because even the injured party may be attributed a percentage of fault in a case, reducing the award by that percentage.

Arizona is a Fault state, meaning that the insurance adjuster will pay according to who is or is not at fault.

Types of Claims & Theories of Liability in Arizona:

Slip and Fall Accident: These accidents are those in which a person slips, falls or trips as a result of a dangerous condition on someone else's property and is injured as a result. These cases fall under the larger category of premises liability.

Auto Accident Claim: These injuries occur when a negligent driver causes an accident due to his/her conduct.

Medical Malpractice Cases: This is also under the category of "medical negligence" in Arizona. It occurs when a health care provider fails to follow the governing standard of care when providing treatment to a patient which then causes the patient to suffer an injury.

Wrongful Death Case: This refers to any death brought on by a personal injury.

Product Liability Lawsuit: This refers to the liability of any parties involved in the manufacturing and distribution of a product that causes damage.

Workers' Compensation Law: If an employee is injured while working, the employer will be responsible for compensating the injured party for his injury.

For More Information Check out these sites:

Industrial Commission of Arizona

Arizona State Legislature (Personal Injury Statute)