Personal Injury Laws: Arizona
Arizona state laws govern personal injury claims filed in the state and there are some distinctions in the statutes that are unique to the state. For instance, even though Arizona is an at-fault state, there are some cases in which fault may only rest with one party and others in which fault can be shared by multiple parties. There are other unique distinctions in Arizona personal injury laws as well, which is why it’s crucial you hire a personal injury attorney familiar with handling claims under Arizona laws.
Arizona is both a Comparative and At-Fault State
Every state operates from a specific definition of fault for personal injury claims. Arizona is on the whole an “comparative-fault” state, though there are some types of personal injury claims in which strict liability is applicable. A strict liability claim requires the establishment of absolute fault or responsibility for injuries suffered. Product liability claims are at-fault in Arizona, while most all other personal injury claims fall under comparative-fault requirements.
In comparative-fault cases, you must establish to what degree you and the other parties you named in your claim hold responsibility for the injuries you suffered. You must also show that your degree of fault is significantly lower than that of the other parties.
In order to see compensation for the damages you’ve suffered, your degree of fault must be less than 50 percent. Multiple parties can share the remainder of the liability for your injuries and, if your claim is successful, will be required to pay damages equivalent to their percentage of fault. A personal injury attorney familiar with handling cases such as yours will be able to help establish comparative-fault or strict liability in your claim.
Potential Damages for Personal Injury in Arizona
Damages awarded in a personal injury claim in Arizona can include everything from medical expenses and cost of skilled nursing or other supportive care, to lost wages, to loss of future earnings ability, and even damages for pain and suffering, which are the less readily definable losses you’ve suffered as a result of your injuries. The type and amount of damages you may be awarded depend on the severity of your injuries and the other unique circumstances of your case. A personal injury attorney familiar with handling claims like yours in the state of Arizona will be able to advise you on the damages you should seek.
Statute of Limitations for Personal Injury Claims in Arizona
In the state of Arizona you have a limited timetable for filing a claim for personal injuries. Liable and slander personal injury claims carry a statute of limitations of just one year, while all other personal injury claims have a two-year statute of limitations.
In some instances, the statute of limitations can be lengthened or waived. This is only possible when you were not aware that you suffered harm until later. A medical malpractice case or a toxic exposure and poisoning case may be instances in which the statute of limitations can be extended, though in order to get your claim reviewed rather than dismissed, you will need the assistance of personal injury attorney who can prove you were delayed in your awareness of the injuries you suffered until after the standard statute of limitations had already expired.