If you have been injured and are considering a personal injury lawsuit, you may wonder about which laws pertain to your next course of action. You are correct to assume the state of Arizona has several personal injury laws as well as rules and regulations applicable to lawsuits.
Please note that laws can change over time, so it’s essential to consult with a qualified attorney for the most up-to-date and accurate information regarding personal injury cases in Arizona. That being said, here are some key laws and regulations related to personal injury lawsuits in Arizona:
Statute of Limitations: The statute of limitations for most personal injury cases in Arizona is two years from the date of the injury. However, there can be exceptions and variations depending on the specific circumstances of the case, so it’s crucial to consult with an attorney to determine the applicable time limit.
Shared Fault Rule: Arizona follows a “pure comparative negligence” rule, which means that if you are partially at fault for the accident that caused your injury, your compensation may be reduced by the percentage of your fault. You can still pursue a personal injury claim even if you were partially responsible for the accident.
Caps on Damages: Arizona has capped non-economic damages (such as pain and suffering) in medical malpractice cases at $250,000. There are no caps on non-economic damages in other types of personal injury cases.
Strict Liability for Dog Bites: In Arizona, dog owners can be held strictly liable for injuries caused by their dogs, regardless of the dog’s previous behavior or the owner’s knowledge of its viciousness.
No-Fault Insurance: Arizona is not a no-fault insurance state, which means that you typically have the option to file a personal injury lawsuit against the at-fault party’s insurance company to seek compensation for your injuries.
Mediation and Arbitration: Some insurance policies in Arizona may include provisions for mediation or arbitration to resolve disputes rather than going to court. These alternative dispute resolution methods can be used in personal injury cases.
Time Limits for Notice: In some cases, you may need to provide written notice of your intent to file a lawsuit to the potential defendant within a specified time frame. This is common in cases involving government entities.
Dram Shop Laws: Arizona has dram shop laws that can hold bars and restaurants liable for injuries caused by intoxicated patrons under certain circumstances.
Strict Time Limits for Government Claims: If your injury involves a government entity or employee, there are strict time limits for filing a notice of claim. Typically, this notice must be filed within 180 days of the injury.
Personal injury laws can be complex, and the specific details of your case may impact how these laws apply to you. If you have been injured in Arizona and are considering a personal injury lawsuit, it’s strongly recommended to consult with an experienced personal injury attorney who can provide guidance tailored to your situation.
In order to find one, contact 1-800-Injured. We are a medical and legal referral network and connect our clients with experienced professionals who can help them with their unique personal injury needs.
