The Most Important Arizona Personal Injury Statutes
Every state in the U.S. has its specific regulations that protect individuals injured in car accidents and give them a chance to seek financial compensation. Arizona isn’t an exception. Here are some of the most important Arizona personal injury statutes and regulations pertaining to car accident personal injuries and subsequent compensation claims.
In order to file a personal injury claim in Arizona after a car accident, you will need to prove that the responsible party has acted in a negligent way.
Several conditions will have to be met for negligence to be established under Arizona statutes:
- The actions of an individual led to your injuries
- There is a way for a court to compensate you for the injuries that you sustained as a result of somebody else’s actions (for example, getting a payment for medical treatment or for your inability to work after being in a car accident)
- An individual breached their duty to another individual by exercising reasonable care or precautions related to their actions
Arizona is a comparative rather than contributory negligence state. Under Arizona regulations, a person will be capable of recovering even if they hold some of the fault for a car accident. After the legal considerations, the compensation will be reduced by the percentage in which the plaintiff is at fault for the accident.
This is a huge difference between Arizona and other negligence statutes. In some states, it’s impossible for an injured party to get any compensation, even if their responsibility for the accident is minimal.
Comparative negligence is defined under Arizona Revised Statutes 12-2505, and the document states that no plaintiff is barred from recovery, even in the case of a contribution to an accident.
Statute of Limitations
A second very important local specific to examine is the statute of limitations for personal injury claims following car accidents.
In Arizona, the statute of limitations is two years from the date of the accident. A person that doesn’t file a lawsuit within this two-year period will lose their right to seek compensation. Usually, lawyers suggest going through the process as soon as possible for the purpose of collecting enough evidence and building a strong case.
There’s one important exception to this rule.
The exception pertains to individuals who sustain sudden injuries that don’t become evident immediately after the accident. When such an injury is identified, and a car accident is its cause, the two-year period will begin from the date of the diagnosis.
Damage Caps and Arizona Personal Injury Statutes
The term damage cap refers to an upper limit on the amount of compensation that an injured individual will be entitled to.
Damage caps differ from one state to another. There could also be differences based on the cause of personal injuries.
The good thing to know is that Arizona ranks among the states that don’t have a damage cap on personal injury claims pertaining to car accidents. Damage caps in the state are prohibited under Arizona Revised Statutes 2-31.
There are also no limitations pertaining to the types of damage that an individual can claim. In an Arizona car accident personal injury claim, there are several types of damage that can be sought (either in or out of court):
- Medical bills
- Compensation for pain and suffering
- Lost wages and inability to work
- Loss of affection or companionship as a result of the accident
- Loss of reproductive ability as a result of the accident
While Arizona’s regulations are more or less favorable, the comparative negligence system could be rather unfavorable to some plaintiffs. If you believe that you may hold even minor responsibility for an accident, you will need to see an attorney immediately. A lawyer will give you a better idea of what to expect, whether your responsibility can be established and if it will reduce the amount of damages.