AZ
Back & spine settlements
in Arizona.
Two Arizona back cases show how much turns on medical opinions. A man sent home after a fall with a spinal fracture nobody caught later suffered a spinal cord injury, and his family’s claims survived his death. A cement worker with two earlier back surgeries learned that a new injury may be treated as only a temporary aggravation.
Facts that decide a back & spine claim in Arizona
| If the injured person dies | Death 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) |
|---|---|
| Fault rule | Pure 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) |
| Deadline to sue | Two years after the cause of action accrues for injuries to the person, including medical malpractice.A.R.S. § 12-542 |
| 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 |