Arizona Personal Injury Law Resources

If you've been injured in an accident in Arizona, understanding the state's personal injury laws is a critical first step toward protecting your rights and pursuing compensation. Arizona is widely regarded as one of the more plaintiff-friendly states in the country thanks to its pure comparative negligence system and a constitutional prohibition on damage caps.

Statute of Limitations

Arizona imposes a two-year statute of limitations on most personal injury claims under Arizona Revised Statutes § 12-542. You generally have two years from the date of the injury to file a lawsuit in civil court. If you miss this deadline, the court will almost certainly dismiss your case.

Arizona recognizes a discovery rule that can adjust when the clock starts. If an injury was not immediately apparent, the statute of limitations may begin running on the date the injury was discovered or reasonably should have been discovered. This is particularly relevant in medical malpractice cases where harm may not surface until well after treatment.

Wrongful death claims also carry a two-year statute of limitations, generally measured from the date of death.

Shorter Deadlines for Specific Cases

Not all personal injury claims in Arizona follow the two-year rule:

• Dog bite cases filed under Arizona's strict liability statute (ARS § 11-1025) must be brought within one year of the injury.
• Claims against government entities (cities, counties, or the state) require a written notice of claim within 180 days of the injury, and the lawsuit itself must be filed within one year.
• Workers' compensation claims have a one-year filing deadline.

Pure Comparative Negligence

Arizona follows a pure comparative negligence system. If you are found partially at fault for the accident that caused your injuries, your compensation is reduced by your percentage of fault — but you are not barred from recovery. Even a plaintiff who is 99% at fault can still recover the remaining 1% of damages from the other party. For example, if a jury awards you $200,000 but determines you were 25% responsible for the accident, you would receive $150,000.

This system applies broadly across personal injury cases in Arizona, including auto accidents, premises liability, and product liability claims. However, when the defendant causes injury intentionally or through willful or wanton misconduct, comparative negligence cannot be raised as a defense.

Damage Caps

Arizona is one of the few states that constitutionally prohibits damage caps in personal injury cases. Article 2, Section 31 of the Arizona Constitution provides that the right to recover damages for injuries shall never be abrogated and that the amount recovered shall not be subject to any statutory limitation. This means there are no caps on economic damages, non-economic damages (such as pain and suffering), or punitive damages in Arizona personal injury lawsuits.

Auto Insurance Requirements

Arizona is an at-fault (tort) state for auto insurance. The driver who caused the accident bears financial responsibility for compensating anyone harmed. Under Arizona law, drivers must carry minimum liability coverage of 25/50/15:

• $25,000 per person for bodily injury or death
• $50,000 per accident for bodily injury or death
• $15,000 per accident for property damage

These minimums took effect for all new and renewed policies on July 1, 2020. Uninsured/underinsured motorist coverage (UM/UIM) is optional in Arizona, but insurers are required to offer it. If a driver rejects UM/UIM coverage, the rejection must be in writing.

Driving without insurance in Arizona can result in license suspension, vehicle registration suspension, fines, and other penalties.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Arizona are typically filed in the Superior Court of the county where the injury occurred or where the defendant resides. Arizona's Superior Court is the state's general jurisdiction trial court. Smaller claims may be heard in Justice Court or Municipal Court depending on the amount in controversy.

Common Types of Personal Injury Cases in Arizona

Arizona's climate, geography, and population centers give rise to a wide range of personal injury claims. Motor vehicle accidents are the most common, particularly along high-traffic corridors like Interstate 10 and Interstate 17. Other frequently filed claims include motorcycle and pedestrian accidents, premises liability (slip and fall), medical malpractice, dog bites (Arizona imposes strict liability on dog owners under ARS § 11-1025), product liability, and wrongful death.

This page provides general legal information about Arizona personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Arizona to discuss the specific facts of your case.