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Arizona · back & spine

Back & spine settlements
in Arizona.

By 6 min read

Arizona applies pure comparative negligence and is one of the few US states whose constitution prohibits statutory caps on personal injury damages. For back & spine claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Arizona's pure comparative negligence and any applicable statutory cap.

Arizona applies pure comparative negligence, which means a back & spine claimant who is partly responsible for their own injury still recovers — the award is reduced by the percentage of fault attributed to them, but never barred. This is materially more claimant-friendly than the modified or contributory rules in neighbouring jurisdictions, and it shows up in back & spine settlements where comparative fault is contested (the claimant who failed to mitigate, the unbelted occupant, the worker who departed from a safety protocol).

Arizona's caps (no statutory cap) apply to the non-economic component of back & spine damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

band · US federal frame
$80,000 – $400,000+
Back injury (severe, surgery)
Reported decisions; statutory cap states constrain the upper end

The US band is the starting point. Arizona's fault rule and any applicable cap then adjust the figure.

AZ · statute of limitations
2 years from date of injury

A.R.S. § 12-542

AZ · 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 · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in Arizona.

back & spine severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies back & spine into the tiers below. Arizona courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Back injury (moderate, no surgery)$30,000 – $100,000Reported decisions plus settlement aggregates
Back injury (severe, surgery)$80,000 – $400,000+Reported decisions; statutory cap states constrain the upper end
back & spine · same region & fault regime

Compare to like jurisdictions.

How Arizona's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Arizona · you are herePure comparative negligence2 years from date of injury
New MexicoPure comparative negligence3 years from date of injuryNM · back & spine
OklahomaModified comparative — 51% bar2 years from date of injuryOK · back & spine
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · back & spine
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · back & spine
LouisianaPure comparative negligence1 year (la prescription) — extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · back & spine
MississippiPure comparative negligence3 years from date of injuryMS · back & spine
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · back & spine
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · back & spine
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · back & spine
DelawareModified comparative — 51% bar2 years from date of injuryDE · back & spine
District of ColumbiaPure contributory negligence3 years from date of injuryDC · back & spine
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · back & spine
AZ · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for Arizona's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Arizona. See /methodology, /sources, and /disclaimer.