If you have been injured in Arizona due to someone else’s negligence, you have the right to pursue compensation under Arizona personal injury law. This guide, written by Impact Legal founding attorney Jared J. Pehrson (JD, ASU Sandra Day O’Connor College of Law; Arizona and New Mexico State Bar member), covers everything you need to know, including statutes of limitations, comparative fault rules, damage caps, insurance requirements, and how to protect your claim from the moment an injury occurs.
Whether you were hurt in a car accident, a slip and fall, or any other incident caused by another party’s carelessness, this page is designed to give you clear, actionable answers rooted in Arizona law.
Personal injury law in Arizona is the area of civil law that allows people who are physically or emotionally harmed by another party’s negligence, recklessness, or intentional conduct to recover financial compensation. These claims are governed primarily by Title 12 of the Arizona Revised Statutes (ARS), Arizona case law, and the Arizona Rules of Civil Procedure.
Unlike criminal cases, where the state prosecutes someone for breaking the law, personal injury cases are civil actions brought by the injured person (the “plaintiff”) against the person or entity responsible for the harm (the “defendant”). The goal is not punishment. It is to make the injured person financially whole again by compensating them for medical bills, lost income, pain and suffering, and other losses.
Arizona follows a “pure comparative fault” model, which means you can recover compensation even if you were partially at fault for the incident. The state also has a two-year statute of limitations for most personal injury claims, specific rules for claims against government entities, and no cap on most categories of damages. Each of these rules is explained in detail below.
Types of Personal Injury Cases in Arizona
Personal injury cases in Arizona span a wide range of incidents, but they all share one element: someone else’s conduct caused you harm. The most common types of personal injury claims filed in Arizona include the following.
Motor Vehicle Accidents
Arizona consistently ranks among the states with the highest traffic fatality rates. According to the Arizona Department of Transportation (ADOT), there were over 1,100 traffic fatalities and more than 37,000 injury crashes on Arizona roads in a recent reporting year. Motor vehicle accident claims include:
Car accidents, the single most common source of personal injury claims in Maricopa County
Truck accidents, collisions involving commercial trucks and 18-wheelers, which often involve federal motor carrier regulations in addition to state law
Motorcycle accidents: riders face disproportionately severe injuries; Arizona does not require helmets for riders over 18
Pedestrian accidents: Phoenix and the greater metro area have some of the highest pedestrian fatality rates in the nation
Rideshare accidents, crashes involving Uber, Lyft, and other transportation network companies, which carry layered insurance policies
Premises Liability
Premises liability claims arise when a property owner or occupier fails to maintain a safe environment. Common examples include slip and fall accidents in grocery stores, injuries from inadequate security, swimming pool drownings, and hazards in parking lots or apartment complexes. Arizona law distinguishes between invitees, licensees, and trespassers when determining the duty of care a property owner owes.
Other Common Case Types
Wrongful death, when negligence or misconduct causes a fatality
Dog bites: Arizona imposes strict liability on dog owners
Product liability, injuries caused by defective or dangerous consumer products
Construction accidents, including falls, electrocution, struck-by incidents, and trench collapses on job sites
Workplace accidents, injuries occurring on the job that may involve both workers’ compensation and third-party liability claims
Medical malpractice, errors by healthcare providers that fall below the accepted standard of care
How Negligence Works in Arizona
Negligence is the legal foundation of nearly every personal injury claim in Arizona. To win a personal injury case, the injured person must prove four elements by a “preponderance of the evidence,” meaning it is more likely than not that each element is true.
The Four Elements of Negligence
Duty of care. The defendant owed you a legal obligation to act with reasonable care. For example, every driver on Arizona roads has a duty to follow traffic laws and drive safely. A store owner has a duty to keep floors free of hazards.
Breach of duty. The defendant failed to meet that standard of care. Running a red light, texting while driving, or ignoring a wet floor for hours are all examples of a breach.
Causation. The defendant’s breach directly caused your injuries. Arizona requires both “cause in fact” (but-for causation) and “proximate cause” (the harm was a foreseeable result of the breach).
Damages. You suffered actual, measurable harm, such as medical expenses, lost wages, pain and suffering, or other losses.
If any one of these four elements is missing, the claim fails. This is why building strong evidence early, including police reports, medical records, witness statements, and photographs, is so critical to the outcome of an Arizona personal injury case.
Negligence Per Se in Arizona
Arizona also recognizes the doctrine of “negligence per se.” If a defendant violated a statute or regulation designed to protect public safety, such as a speed limit, a building code, or a drunk driving law, that violation can serve as automatic proof of negligence. The injured person still needs to prove causation and damages, but the first two elements (duty and breach) are essentially established by the statutory violation itself.
Arizona’s Comparative Fault System
Arizona follows a “pure comparative fault” rule under ARS 12-2505, which means you can recover compensation even if you were partially responsible for the accident. Your damages are simply reduced by your percentage of fault. There is no threshold that bars recovery entirely.
Here is how it works in practice: Suppose you are in a car accident and a jury determines your total damages are $200,000, but you were 20% at fault (perhaps you were slightly exceeding the speed limit). Under Arizona’s pure comparative fault system, your recovery would be reduced by 20%, and you would receive $160,000.
Even if you were 90% at fault, you could still recover 10% of your damages in Arizona. This is more generous than the “modified comparative fault” systems used in many other states, which bar recovery entirely once the plaintiff’s fault reaches 50% or 51%.
Key points about Arizona comparative fault (ARS 12-2505):
The jury (or judge in a bench trial) assigns a specific percentage of fault to each party
Your total damage award is reduced by your percentage of fault
There is no minimum or maximum fault threshold; any percentage allows recovery
Comparative fault applies to all personal injury claims, including car accidents, premises liability, and product liability
Insurance adjusters routinely try to inflate your share of fault to reduce the payout, which is one of the most important reasons to have legal representation
Statute of Limitations for Arizona Personal Injury Claims
In Arizona, you generally have two years from the date of injury to file a personal injury lawsuit, as established by ARS 12-542. If you miss this deadline, the court will almost certainly dismiss your case permanently, regardless of how strong your evidence is.
The specific deadlines vary by claim type:
General personal injury: 2 years from the date of injury (ARS 12-542)
Wrongful death: 2 years from the date of death (ARS 12-542)
Medical malpractice: 2 years from the date of injury, subject to the discovery rule (ARS 12-542)
Product liability: 2 years from the date of injury (ARS 12-542), with a 12-year statute of repose for product liability actions in certain circumstances (ARS 12-551)
Claims against Arizona government entities: 180 days to file a Notice of Claim (ARS 12-821.01), then one year from the date the claim accrues to file suit (ARS 12-821)
Property damage: 2 years (ARS 12-542)
Minors: The statute of limitations is typically tolled (paused) until the child turns 18, at which point the standard deadlines begin to run
The Discovery Rule
Arizona applies a “discovery rule” in cases where an injury is not immediately apparent. The statute of limitations begins to run when the injured person knew or reasonably should have known about the injury and its connection to the defendant’s conduct. This rule most commonly applies in medical malpractice and toxic exposure cases where symptoms may not appear for months or years after the harmful event.
Do not wait. Even though the statute of limitations gives you up to two years, evidence deteriorates over time. Witnesses forget details, surveillance footage is overwritten, and vehicles are repaired or scrapped. The sooner you begin building your case, the stronger it will be.
Not Sure If You Still Have Time to File?
Statute of limitations questions are time-sensitive by definition. If you are unsure whether your deadline has passed, contact Impact Legal immediately for a free case evaluation. Call (602) 345-1818 or request a consultation online.
Types of Damages You Can Recover in an Arizona Personal Injury Case
Arizona personal injury law allows injured people to recover three categories of damages: economic damages, non-economic damages, and (in rare cases) punitive damages. Arizona does not cap compensatory damages in most personal injury cases, meaning there is no statutory limit on what a jury can award.
Economic Damages (Special Damages)
Economic damages compensate you for financial losses that can be documented with bills, receipts, pay stubs, and records. They include:
Medical expenses: emergency room visits, surgeries, hospital stays, physical therapy, prescription medications, medical equipment, and all future medical care related to the injury
Lost wages: income you lost because the injury prevented you from working
Loss of earning capacity: reduction in your ability to earn income in the future, which is particularly significant in cases involving permanent disability or traumatic brain injuries
Property damage: repair or replacement costs for your vehicle or other personal property
Out-of-pocket expenses: transportation to medical appointments, home modifications, in-home care, and other costs directly related to the injury
Non-Economic Damages (General Damages)
Non-economic damages compensate you for losses that do not have a specific dollar amount attached to a receipt. These are often the largest component of a personal injury settlement or verdict. They include:
Pain and suffering: the physical pain caused by the injury, both past and future
Emotional distress: anxiety, depression, PTSD, fear, and other psychological effects of the injury
Loss of enjoyment of life: the inability to participate in hobbies, activities, and daily routines you enjoyed before the injury
Loss of consortium: the impact on your relationship with your spouse, including companionship, affection, and intimacy
Disfigurement and scarring: compensation for permanent physical changes to your appearance
Calculating non-economic damages requires careful analysis of the severity and permanence of your injuries, the impact on your daily life, and your age and life expectancy. Impact Legal’s pain and suffering calculator can help you understand the general range of what these damages may be worth in your case.
Punitive Damages
Punitive damages are not compensatory. They are designed to punish the defendant for especially egregious conduct and deter similar behavior in the future. Arizona courts may award punitive damages when the defendant’s conduct was willful, wanton, reckless, or showed an “evil mind,” meaning a conscious disregard for the safety of others. Examples include drunk driving causing serious injury, an employer knowingly exposing workers to toxic chemicals, or a manufacturer concealing a known product defect.
Arizona does not impose a statutory cap on punitive damages, though courts apply constitutional due process limits established by U.S. Supreme Court precedent (generally, punitive damages exceeding a single-digit ratio to compensatory damages may be scrutinized).
Arizona Insurance Requirements and the Claims Process
Arizona is a “fault” state for auto insurance, meaning the person who caused the accident is financially responsible for the other party’s injuries and damages. Arizona requires all drivers to carry minimum liability insurance, but these minimums are often far too low to cover serious injuries.
Arizona Minimum Auto Insurance Requirements
Under ARS 28-4009, Arizona drivers must carry the following minimum liability coverage:
$25,000 bodily injury liability per person
$50,000 bodily injury liability per accident
$15,000 property damage liability per accident
These are often referred to as “25/50/15” limits. To put this in context, a single emergency room visit followed by surgery can easily exceed $100,000. If the at-fault driver carries only the state minimum, their insurance will cover just $25,000 of your medical bills, leaving you responsible for the rest unless you have other coverage or pursue additional legal action.
Uninsured and Underinsured Motorist (UM/UIM) Coverage
Arizona does not require drivers to carry uninsured/underinsured motorist (UM/UIM) coverage, but insurers are required to offer it. UM/UIM coverage protects you when the at-fault driver has no insurance or insufficient insurance to cover your damages. Given that an estimated 12% of Arizona drivers are uninsured, carrying UM/UIM coverage is one of the most important financial decisions you can make as an Arizona driver.
Dealing with Insurance Companies After an Accident
Insurance companies, even your own, are businesses whose goal is to minimize payouts. After an Arizona car accident, you should be aware of these common tactics:
Recorded statements. Adjusters will ask you to give a recorded statement shortly after the accident. Anything you say can be used to minimize or deny your claim. You are not legally required to give a recorded statement to the other driver’s insurer.
Quick settlement offers. Insurers frequently offer fast, lowball settlements before you know the full extent of your injuries. Once you accept, you sign a release and cannot pursue additional compensation.
Disputing medical treatment. Insurers may argue that your treatment was excessive, unnecessary, or unrelated to the accident.
Surveillance. Insurance companies sometimes monitor claimants’ social media or hire investigators to capture video of your daily activities.
Having a personal injury attorney handle communications with the insurance company protects you from these tactics and typically results in significantly higher settlement amounts. Research consistently shows that claimants with attorney representation receive substantially larger net settlements than those who negotiate on their own.
Filing a Personal Injury Claim Against an Arizona Government Entity
Claims against government entities in Arizona, whether the state, a county, a city, or a public employee, follow different and much stricter rules than claims against private individuals or businesses. The most critical difference is the 180-day Notice of Claim requirement under ARS 12-821.01.
Notice of Claim Requirement (ARS 12-821.01)
Before you can sue a government entity in Arizona, you must file a formal Notice of Claim within 180 days (approximately six months) of the date the injury occurred. This notice must:
Contain a specific amount for which the claim can be settled
Include the facts supporting the claim
Be served on the appropriate person designated by the government entity to receive such notices
If you fail to file the Notice of Claim within 180 days, or if the notice does not meet the statutory requirements, your claim is barred permanently. Arizona courts have been extremely strict about enforcing this requirement. After filing the notice, the government entity has 60 days to respond. If the claim is denied or no response is received, you then have one year from the date the cause of action accrued to file a lawsuit (ARS 12-821).
Common situations involving government liability include injuries caused by dangerous road conditions, accidents involving government vehicles (police cars, city buses, municipal trucks), injuries on public property (parks, public buildings, sidewalks), and incidents involving public school districts.
Arizona Wrongful Death Claims
Arizona’s wrongful death statute (ARS 12-611 through ARS 12-613) allows the surviving family members of a person who died due to another party’s negligence, wrongful act, or default to file a civil lawsuit for damages. The same conduct that would have given the deceased person a personal injury claim during their lifetime can support a wrongful death action after their death.
Who Can File a Wrongful Death Claim in Arizona?
Under ARS 12-612, the following people can bring a wrongful death action, in this order of priority:
The surviving spouse
The surviving children
The surviving parents or guardian
The personal representative of the deceased’s estate (on behalf of the above parties)
Damages in Arizona Wrongful Death Cases
Wrongful death damages in Arizona may include:
Funeral and burial expenses
Medical expenses incurred before death
Lost income the deceased would have earned over their remaining life expectancy
Loss of the deceased’s love, companionship, guidance, and consortium
Pain and suffering experienced by the deceased before death (survival action)
Punitive damages, if the defendant’s conduct was especially egregious
The statute of limitations for Arizona wrongful death claims is two years from the date of death (ARS 12-542). If you have lost a family member due to someone else’s negligence, our wrongful death attorneys can help you understand your options.
Dog Bite Liability in Arizona
Arizona imposes strict liability on dog owners for bite injuries under ARS 11-1025. This means the owner is liable regardless of whether the dog had ever bitten anyone before or whether the owner knew the dog was dangerous. There is no “one free bite” rule in Arizona.
Under ARS 11-1025, a dog owner is liable for damages when:
The dog bites a person
The person is in a public place or lawfully in a private place (including the dog owner’s property)
The bite causes injury
The victim does not need to prove the owner was negligent, only that the bite occurred. However, the owner may raise the defense of provocation, arguing that the victim provoked the dog into biting. The statute of limitations for dog bite claims is one year from the date of the bite (ARS 12-541).
Arizona also has a “dangerous dog” statute (ARS 11-1029) that imposes additional requirements on owners of dogs that have been officially classified as dangerous, including specific enclosure requirements and mandatory liability insurance. Learn more on our dog bite injury page.
Premises Liability in Arizona
Property owners and occupiers in Arizona have a legal duty to maintain their property in a reasonably safe condition and to warn visitors of known hazards. When they fail to do so and someone is injured as a result, they may be held liable under Arizona premises liability law.
The level of duty a property owner owes depends on the status of the person on the property:
Invitees (customers, business visitors) are owed the highest duty of care. The owner must regularly inspect the property, repair hazards, and warn of dangers.
Licensees (social guests): the owner must warn of known hidden dangers but is not required to actively inspect for hazards.
Trespassers are owed the lowest duty of care, though the owner may not set intentional traps. Special rules apply to child trespassers under the “attractive nuisance” doctrine (such as unfenced swimming pools).
Common premises liability claims in Arizona include slip and fall accidents in stores and restaurants, injuries from defective staircases or elevators, swimming pool accidents and drownings (Arizona has one of the highest rates of child drowning in the country), inadequate security leading to assault, and injuries caused by poor maintenance of parking lots, sidewalks, or common areas in apartment complexes.
Product Liability in Arizona
Product liability law in Arizona holds manufacturers, distributors, and retailers responsible when a defective product causes injury. Arizona recognizes three theories of product liability: design defects, manufacturing defects, and failure to warn (inadequate instructions or warnings).
Arizona applies a combination of strict liability and negligence principles to product liability cases. Under strict liability, the injured person does not need to prove the manufacturer was careless, only that the product was defective and that the defect caused the injury. This applies throughout the “chain of distribution,” meaning the manufacturer, distributor, and retailer can all potentially be held liable.
Arizona has a statute of repose for product liability claims (ARS 12-551), which sets an outer time limit, generally 12 years from the date the product was first sold, beyond which claims cannot be brought, regardless of when the injury occurred. The standard two-year statute of limitations under ARS 12-542 also applies from the date of injury.
Workplace Injuries and Workers’ Compensation in Arizona
If you are injured on the job in Arizona, workers’ compensation is typically the primary avenue for obtaining benefits, including medical care and partial wage replacement, regardless of who was at fault. However, workers’ compensation is not always the only option, and in some cases a personal injury lawsuit may provide significantly greater compensation.
Workers’ Compensation vs. Personal Injury Claims
Arizona’s workers’ compensation system (governed by ARS Title 23, Chapter 6) provides benefits to employees injured in the course and scope of their employment. In exchange for guaranteed benefits regardless of fault, workers generally give up the right to sue their employer directly. However, you may have a third-party personal injury claim against someone other than your employer who contributed to your injury. For example:
A negligent driver who caused a crash while you were driving for work
A manufacturer of defective machinery or safety equipment
Third-party personal injury claims are separate from workers’ compensation and allow you to recover full damages, including pain and suffering, which workers’ compensation does not cover.
What to Do After an Injury in Arizona: Step-by-Step
The steps you take immediately after an injury can make or break your personal injury claim. Here is what you should do to protect your health and your legal rights.
Seek medical attention immediately. Your health comes first. Go to the emergency room or see a doctor as soon as possible, even if you feel “fine.” Some injuries, including traumatic brain injuries and internal organ damage, may not present obvious symptoms for hours or days. Prompt medical treatment also creates a documented link between the accident and your injuries, which is essential evidence for your claim.
Call law enforcement. For car accidents, always call 911 and request a police report. The report documents key details: who was involved, witness information, the officer’s observations, and any citations issued. Under Arizona law (ARS 28-667), drivers must report accidents that involve injury, death, or significant property damage.
Document everything at the scene. If you are physically able, take photographs and video of the accident scene, your injuries, vehicle damage, road conditions, traffic signals, and any other relevant details. Collect names and contact information from witnesses.
Do not admit fault or apologize. It is natural to say “I’m sorry” after an accident, but any statement suggesting you were at fault can be used against you by insurance companies and defense attorneys.
Notify your insurance company. Report the accident to your own insurer, but keep the conversation factual and brief. Do not speculate about fault or the extent of your injuries.
Do not give a recorded statement to the other driver’s insurance company. You have no legal obligation to do so, and anything you say will be used to minimize your claim.
Keep records of everything. Save all medical bills, receipts, pay stubs showing missed work, correspondence with insurance companies, and any other documents related to the accident and your injuries.
Contact a personal injury attorney. An experienced Arizona personal injury lawyer can evaluate your case, handle insurance negotiations, and ensure you meet all legal deadlines.
Injured in Arizona? Get a Free Case Evaluation.
Impact Legal offers free, no-obligation consultations for personal injury cases across Arizona. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Call (602) 345-1818 or schedule your free consultation online.
When and Why to Hire an Arizona Personal Injury Lawyer
You should consult a personal injury attorney as soon as possible after an injury, ideally within days, not weeks. While not every minor injury requires a lawyer, any case involving significant medical bills, surgery, hospitalization, broken bones, long-term or permanent injuries, lost work, or disputed liability warrants professional legal representation.
What a Personal Injury Lawyer Does for You
Investigates the accident by gathering evidence, interviewing witnesses, obtaining police and medical records, and consulting with experts
Calculates your full damages, including future medical costs, loss of earning capacity, and non-economic losses that are easy to undervalue without legal expertise
Handles all insurance communications, preventing adjusters from using your own words against you
Negotiates aggressively for a fair settlement: insurance companies take represented claimants more seriously and consistently offer higher settlements
Files a lawsuit and takes your case to trial if necessary: the willingness and ability to go to court gives your claim credibility and leverage
Ensures all deadlines are met: missing the statute of limitations or a Notice of Claim deadline is a fatal, irreversible mistake
Contingency Fee Representation
Nearly all personal injury attorneys in Arizona, including Impact Legal, work on a contingency fee basis. This means there is no upfront cost to hire a lawyer. The attorney’s fee is a percentage of the compensation recovered, and if there is no recovery, you owe nothing. This structure ensures that high-quality legal representation is accessible to everyone, regardless of financial situation.
The Settlement and Litigation Process in Arizona
The vast majority of Arizona personal injury cases, roughly 95% or more, are resolved through settlement without going to trial. However, your willingness and ability to go to trial is often what drives the insurance company to offer a fair settlement in the first place.
Typical Timeline of an Arizona Personal Injury Case
Medical treatment (weeks to months). You complete your treatment or reach “maximum medical improvement” (MMI), the point at which your condition has stabilized and is unlikely to improve further. Settling before MMI is risky because you may not know the full extent of your damages.
Investigation and demand (1-3 months). Your attorney compiles all evidence, medical records, and documentation into a comprehensive demand package and sends it to the insurance company with a specific dollar amount.
Negotiation (1-3 months). The insurance company responds with a counteroffer, and a period of back-and-forth negotiation follows. Many cases settle during this phase.
Filing a lawsuit (if necessary). If the insurance company refuses to offer a fair settlement, your attorney files a lawsuit in Arizona Superior Court (for claims over $10,000) or Justice Court (for smaller claims).
Discovery (3-6 months). Both sides exchange information through written interrogatories, document requests, and depositions (sworn, recorded interviews).
Mediation or arbitration. Many Arizona courts require or encourage alternative dispute resolution before trial. A neutral mediator helps the parties negotiate, and many cases settle at this stage.
Trial (1-2 weeks, typically). If the case does not settle, it goes before a jury (or judge). Both sides present evidence and arguments, and the jury decides liability and damages.
The total timeline from injury to resolution can range from a few months for straightforward cases to two years or more for complex litigation. Your attorney should keep you informed at every stage and explain the strategic reasons for each decision.
Key Arizona-Specific Laws That Affect Personal Injury Cases
Several Arizona laws create rules and protections that are unique to this state and can significantly impact the outcome of your case.
Pure comparative fault (ARS 12-2505). You can recover damages even if you are 99% at fault. Your award is reduced by your percentage of fault.
No damage caps. Arizona does not cap compensatory damages (economic or non-economic) in personal injury cases, unlike many other states.
Joint and several liability has been abolished. Under ARS 12-2506, each defendant is liable only for their proportionate share of fault, not the entire amount. This means if one defendant is insolvent or uninsured, you cannot recover their share from another defendant.
Collateral source rule (ARS 12-565). The defendant may introduce evidence of collateral source payments (such as health insurance payments) to reduce your damage award. However, you may introduce evidence of the cost of obtaining those collateral source benefits.
Strict liability for dog bites (ARS 11-1025). Dog owners are liable for bite injuries regardless of the dog’s history or the owner’s knowledge of aggressiveness.
Mandatory reporting of accidents (ARS 28-667). Drivers involved in accidents resulting in injury, death, or property damage over a certain threshold must report the crash to law enforcement.
No-pay, no-play rule (ARS 12-558). Uninsured drivers who are injured in an accident may be barred from recovering non-economic damages (pain and suffering) against the other driver, even if the other driver was at fault. This is a powerful incentive to carry at least the minimum required insurance.
Why Impact Legal for Your Arizona Personal Injury Case
Impact Legal was founded by attorney Jared J. Pehrson to provide aggressive, client-focused personal injury representation to people across Arizona. Jared earned his Juris Doctor from the ASU Sandra Day O’Connor College of Law and is admitted to practice in both Arizona and New Mexico. Impact Legal is based in Phoenix and represents clients in personal injury cases throughout Maricopa County and the state of Arizona.
What sets Impact Legal apart:
Contingency fee: you pay nothing unless we win. Every personal injury case is taken on a contingency fee basis with no upfront costs.
Direct access to your attorney. You will work directly with Jared Pehrson, not be passed off to a paralegal or case manager.
We prepare every case for trial. Insurance companies know which attorneys will actually go to court, and they adjust their offers accordingly.
Talk to an Arizona Personal Injury Lawyer Today
If you or a loved one has been injured due to someone else’s negligence in Arizona, you deserve experienced legal representation that puts your interests first. Contact Impact Legal for a free, confidential case evaluation.
Call (602) 345-1818 | Request a Free Consultation Online
Frequently Asked Questions About Arizona Personal Injury Law
1. How long do I have to file a personal injury lawsuit in Arizona?
You generally have two years from the date of injury to file a personal injury lawsuit in Arizona under ARS 12-542. For claims against government entities, you must file a Notice of Claim within 180 days under ARS 12-821.01. For dog bite cases, the deadline is one year (ARS 12-541). Missing these deadlines will almost certainly result in your case being permanently dismissed.
2. Can I still recover compensation if I was partially at fault for my accident?
Yes. Arizona’s pure comparative fault law (ARS 12-2505) allows you to recover damages even if you were partially, or even mostly, at fault. Your compensation is reduced by your percentage of responsibility. For example, if you are 30% at fault and your damages total $100,000, you would receive $70,000.
3. How much is my personal injury case worth?
The value of a personal injury case depends on several factors: the severity of your injuries, the cost of your medical treatment, the amount of income you have lost, the degree of permanent impairment or disability, the impact on your daily life, and the strength of the evidence proving the other party’s fault. Arizona does not cap compensatory damages, so there is no artificial limit. Use our pain and suffering calculator for an initial estimate, and contact us for a detailed case evaluation.
4. What types of damages can I recover in an Arizona personal injury case?
You can recover economic damages (medical bills, lost wages, future medical costs, property damage), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium), and in cases involving especially egregious conduct, punitive damages. Arizona does not impose caps on any of these categories in standard personal injury cases.
5. Do I need a lawyer for my personal injury claim, or can I handle it myself?
You are legally permitted to handle your own claim, but doing so is risky, especially for anything beyond a minor fender-bender with no injuries. Insurance companies have teams of adjusters and attorneys working to minimize your payout. A personal injury attorney levels the playing field, handles all legal and procedural requirements, and statistically recovers significantly more compensation than unrepresented claimants, even after attorney fees.
6. How much does it cost to hire a personal injury lawyer in Arizona?
Most Arizona personal injury attorneys, including Impact Legal, work on a contingency fee basis. There is no upfront cost and no hourly billing. The attorney fee is a percentage of the amount recovered. If the case is unsuccessful, you owe nothing. This means anyone can afford quality legal representation regardless of their financial situation.
7. What is Arizona’s minimum auto insurance requirement?
Arizona requires all drivers to carry minimum liability insurance of $25,000 per person / $50,000 per accident for bodily injury and $15,000 for property damage (ARS 28-4009). These minimums are often insufficient to cover serious injuries. Arizona does not require uninsured/underinsured motorist coverage, but insurers must offer it.
8. What happens if the at-fault driver does not have insurance?
If the at-fault driver is uninsured, you may be able to recover compensation through your own uninsured motorist (UM) coverage, if you carry it. You can also file a lawsuit directly against the uninsured driver, though collecting on a judgment against an individual with no insurance and limited assets can be difficult. This is why carrying UM/UIM coverage is so important in Arizona, where approximately 12% of drivers are uninsured.
9. What is the difference between a personal injury claim and a workers’ compensation claim?
Workers’ compensation covers medical expenses and partial wage replacement for injuries that occur during the course of employment, regardless of fault. However, it does not cover pain and suffering, and the benefits are often limited. A personal injury claim allows you to seek full compensation, including pain and suffering, but requires proving that someone else was at fault. In some situations, you may be entitled to both workers’ compensation and a third-party personal injury claim.
10. Should I accept the insurance company’s first settlement offer?
Almost never. Initial settlement offers are typically far below the actual value of the claim. Insurance companies make early offers hoping you will accept before you understand the full extent of your injuries and damages. Once you sign a release, you cannot go back and ask for more, even if your injuries turn out to be worse than initially thought. Always consult with an attorney before accepting any settlement offer.
11. How long does an Arizona personal injury case take to resolve?
Straightforward cases with clear liability and moderate injuries may settle in 3 to 6 months after medical treatment is complete. More complex cases, such as those involving serious injuries, disputed liability, multiple parties, or litigation, can take 1 to 3 years or longer. The timeline depends heavily on the specifics of your case, including how long your medical treatment takes and whether the insurance company negotiates in good faith.
12. Can I sue a government entity (city, county, or state) for my injuries in Arizona?
Yes, but the process is different and the deadlines are much shorter. You must file a Notice of Claim within 180 days of the injury (ARS 12-821.01). The notice must be served on the proper government official, contain specific factual information, and state a dollar amount for which the claim can be settled. Failure to comply with these requirements will bar your claim entirely.
13. What is strict liability, and how does it apply in Arizona?
Strict liability means the defendant is responsible for injuries regardless of whether they were negligent or at fault. In Arizona, strict liability applies in two primary areas: dog bites (ARS 11-1025), where the owner is liable for bite injuries regardless of the dog’s history, and product liability, where manufacturers can be held liable for injuries caused by defective products without the need to prove negligence.
14. Does Arizona have a cap on personal injury damages?
No. Arizona does not impose statutory caps on compensatory damages (either economic or non-economic) in personal injury cases. This means there is no artificial limit on what a jury can award for medical bills, lost wages, pain and suffering, or other losses. Some states cap non-economic damages, but Arizona does not. Punitive damages are also uncapped by statute, though courts apply constitutional proportionality limits.
15. What should I do if the insurance company denies my claim?
A claim denial is not the end of the road. Insurance companies deny claims for many reasons, some legitimate, some not. Common reasons include disputed liability, gaps in medical treatment, alleged pre-existing conditions, or policy exclusions. An experienced personal injury attorney can review the denial, identify errors or bad faith tactics, and pursue the claim through negotiation, formal appeal, or litigation.
16. What is a “demand letter” in a personal injury case?
A demand letter is a formal document sent by your attorney to the insurance company that outlines the facts of the accident, the evidence of liability, a detailed accounting of your damages (medical bills, lost wages, pain and suffering), and a specific dollar amount you are requesting in settlement. It is the starting point of formal settlement negotiations and is typically sent after you have completed medical treatment or reached maximum medical improvement.
17. Can I file a personal injury claim if I was in a rideshare (Uber/Lyft) accident in Arizona?
Yes. If you were a passenger, pedestrian, or occupant of another vehicle injured in a rideshare accident, you have the right to pursue a personal injury claim. Rideshare companies carry tiered insurance policies: the coverage amount depends on whether the driver was offline, waiting for a ride request, or actively transporting a passenger. During an active trip, Uber and Lyft typically carry $1 million in liability coverage. An attorney experienced with rideshare claims can help you navigate these layered policies to maximize your recovery.
18. What is the “no-pay, no-play” rule in Arizona?
Under ARS 12-558, if you are driving without the legally required liability insurance and are injured in an accident caused by another driver, you may be barred from recovering non-economic damages (pain and suffering) from the at-fault driver. You can still recover economic damages such as medical bills and lost wages, but the inability to claim pain and suffering can drastically reduce the value of your case. This law provides a strong incentive to maintain at least the minimum required auto insurance coverage in Arizona.
19. Can I recover compensation for emotional distress without a physical injury in Arizona?
Arizona law does allow claims for emotional distress without physical injury in certain narrow circumstances, but these claims are more difficult to prove. Intentional infliction of emotional distress requires showing the defendant’s conduct was extreme and outrageous. Negligent infliction of emotional distress generally requires that you were in the “zone of danger” or witnessed a close family member being seriously injured. In most standard personal injury cases, emotional distress is claimed alongside physical injuries.
20. What evidence do I need to prove my personal injury case in Arizona?
Strong personal injury cases are built on thorough documentation. Key evidence includes: the police or incident report, medical records and bills from all treating providers, photographs of the accident scene and injuries, witness statements and contact information, your own written account of what happened, pay stubs and employment records showing lost income, expert opinions (accident reconstructionists, medical experts, economists), and any correspondence with insurance companies. Your attorney can help you gather and organize this evidence effectively.
Get Help with Your Arizona Personal Injury Case
Understanding your rights is the first step. Acting on them is what leads to real results. If you or someone you love has been injured in Arizona due to another person’s or company’s negligence, Impact Legal is here to help you pursue the full compensation you deserve.
Attorney Jared J. Pehrson and the Impact Legal team handle personal injury cases throughout Arizona on a contingency fee basis, meaning you pay nothing unless we recover money for you.
Call (602) 345-1818 for a free consultation, or contact us online to get started today.
This page is intended to provide general legal information about Arizona personal injury law and does not constitute legal advice. Every case is different, and the information presented here may not apply to your specific situation. Contacting Impact Legal through this website or by phone does not create an attorney-client relationship. Past results do not guarantee future outcomes.
