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AZ
★ US · Southwest

Personal injury in
Arizona.

By Reviewed by Abd Shanti, Founder7 min read

Arizona applies pure comparative negligence and is one of the few US states whose constitution prohibits statutory caps on personal injury damages.

Arizona is unusual among US states in that its Constitution (Article 2, § 31) prohibits the legislature from limiting the amount of damages recoverable in personal injury or wrongful death actions. This blocks statutory caps that exist in other states. Pure comparative negligence applies, with recovery available at any percentage of fault.

Joint and several liability has been largely abolished, defendants are liable only for their proportional share of fault. The general personal injury statute of limitations is two years.

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★ statute of limitations
2 years from date of injury

A.R.S. § 12-542

★ fault rule
Pure comparative negligence

Pure comparative negligence, recovery available at any fault percentage, reduced proportionally. The Arizona Constitution prohibits caps on damages in death or personal injury actions.

★ AZ · statutory caps

What caps recovery.

Caps and ceilings imposed by Arizona law that bear on settlement values.

★ AZ · key facts

What makes Arizona different.

The handful of details that distinguish this jurisdiction from its neighbours.

★ AZ · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Arizona law.

★ AZ · court decisions

What Arizona courts have decided.

Reported Arizona decisions for each injury type, each with a link to the judgment and to the full injury guide.

★ AZ · rules that decide claims

The rules in Arizona.

Statutes and rulings that come up again and again in Arizona injury claims, each with its source.

Fault rulePure comparative fault: if the jury finds you partly at fault, “the claimant’s action is not barred, but the full damages shall be reduced in proportion” to your share.A.R.S. § 12-2505(A)
Seat belt useNot wearing a seat belt can reduce damages as comparative fault once the defense shows it caused or worsened the injuries.Law v. Superior Court (Ariz. 1988); see our seat belt table
Deadline to sueTwo years after the cause of action accrues for injuries to the person, including medical malpractice.A.R.S. § 12-542
Claims against governmentA notice of claim is due within 180 days after the claim accrues, and the lawsuit within one year; minors may give notice within 180 days after turning 18.A.R.S. §§ 12-821.01, 12-821, as described in Estate of DeSela v. Prescott Unified School District (Ariz. 2011)
If the injured person diesDeath ends the claim for lost enjoyment of life, but the estate can still recover economic damages, and the spouse’s and children’s consortium claims continue; a minor child’s consortium deadline waits until age 18.Martin v. Staheli (Ariz. Ct. App. 2019)
No damages caps“No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person.”Ariz. Const. art. 2, § 31
Settling with the surgeonA stipulated dismissal of a surgeon does not stop a claim against the hospital or group for its own negligence, even if that claim requires proof of the surgeon’s negligence.Kopp v. Physician Group of Arizona (Ariz. 2018)
Temporary total disability66 2/3 percent of the average monthly wage during the disability, plus $100 a month if others depend on the worker.A.R.S. § 23-1045(A)
★ other US jurisdictions

Compare across United States.

How Arizona compares to its sibling jurisdictions in United States on fault rule and limitation period.

JurisdictionFault ruleLimitation
Arizona· you are herePure comparative negligence2 years from date of injury
Alabama (AL)Pure contributory negligence2 years from date of injury
Alaska (AK)Pure comparative negligence2 years from date of injury or discovery
Arkansas (AR)Modified comparative, 50% bar3 years for personal injury; 2 years for medical malpractice
California (CA)Pure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)
Colorado (CO)Modified comparative, 50% bar2 years for personal injury; 3 years for motor vehicle
Connecticut (CT)Modified comparative, 51% bar2 years from date of injury
Delaware (DE)Modified comparative, 51% bar2 years from date of injury
District of Columbia (DC)Pure contributory negligence3 years from date of injury
Florida (FL)Modified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)
Georgia (GA)Modified comparative, 50% bar2 years from date of injury
Hawaii (HI)Modified comparative, 51% bar2 years from date of injury
Idaho (ID)Modified comparative, 50% bar2 years from date of injury
Illinois (IL)Modified comparative, 51% bar2 years from date of injury
Indiana (IN)Modified comparative, 51% bar2 years from date of injury
Iowa (IA)Modified comparative, 51% bar2 years from date of injury
Kansas (KS)Modified comparative, 50% bar2 years from date of injury
Kentucky (KY)Pure comparative negligence1 year for personal injury (one of the shortest in the US)
Louisiana (LA)Modified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024
Maine (ME)Modified comparative, 50% bar6 years for personal injury, longest in the US
Maryland (MD)Pure contributory negligence3 years from date of injury
Massachusetts (MA)Modified comparative, 51% bar3 years from date of injury
Michigan (MI)Modified comparative, 51% bar3 years from date of injury
Minnesota (MN)Modified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpractice
Mississippi (MS)Pure comparative negligence3 years from date of injury
Missouri (MO)Pure comparative negligence5 years for personal injury; 2 years for medical malpractice
Montana (MT)Modified comparative, 51% bar3 years from date of injury
Nebraska (NE)Modified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice
Nevada (NV)Modified comparative, 51% bar2 years for personal injury; 3 years for medical malpractice
New Hampshire (NH)Modified comparative, 51% bar3 years from date of injury
New Jersey (NJ)Modified comparative, 51% bar2 years from date of injury
New Mexico (NM)Pure comparative negligence3 years from date of injury
New York (NY)Pure comparative negligence3 years for personal injury; 2 years 6 months for medical malpractice
North Carolina (NC)Pure contributory negligence3 years from date of injury
North Dakota (ND)Modified comparative, 50% bar6 years for personal injury; 2 years for medical malpractice
Ohio (OH)Modified comparative, 51% bar2 years from date of injury
Oklahoma (OK)Modified comparative, 51% bar2 years from date of injury
Oregon (OR)Modified comparative, 51% bar2 years from date of injury
Pennsylvania (PA)Modified comparative, 51% bar2 years from date of injury
Rhode Island (RI)Pure comparative negligence3 years from date of injury
South Carolina (SC)Modified comparative, 51% bar3 years from date of injury
South Dakota (SD)Slight versus gross negligence3 years from date of injury
Tennessee (TN)Modified comparative, 50% bar1 year from date of injury, among the shortest in the US
Texas (TX)Modified comparative, 51% bar2 years from date of injury
Utah (UT)Modified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice
Vermont (VT)Modified comparative, 51% bar3 years from date of injury
Virginia (VA)Pure contributory negligence2 years from date of injury
Washington (WA)Pure comparative negligence3 years from date of injury
West Virginia (WV)Modified comparative, 51% bar2 years from date of injury
Wisconsin (WI)Modified comparative, 51% bar3 years from date of injury
Wyoming (WY)Modified comparative, 51% bar4 years from date of injury
★ AZ · frequently asked

Common questions.

Common questions about personal injury claims in Arizona, answered with the relevant statutory references.

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★ federal context
Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working
How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority
Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Arizona statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Arizona. See /methodology, /sources, and /disclaimer.