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★ Arizona · fracture

Fracture settlements
in Arizona.

By Reviewed by Abd Shanti, Founder9 min read

A cab passenger with a plated arm fracture won $700,000, which the judge cut to $250,000; he turned that down and got a new trial. A young driver with fractured vertebrae lost her pothole claim against the county without a trial, because her notice of claim came too late.

Facts that decide a fracture claim in Arizona

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)
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)
Deadline to sueTwo 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
★ AZ · reported fracture outcomes

What Arizona courts have awarded.

Real Arizona decisions and verdicts, each linked to the court record or official report.

  • Arizona Court of Appeals · 2016
    $700,000 verdict; remittitur to $250,000 refused; new trial

    Michael Soto was a passenger in a Discount Cab that collided with another vehicle, and the defendants admitted fault. He had multiple fractures of the upper arm bone of his dominant arm, fixed with a plate and screws, which healed after four months of therapy; his bills were about $40,500. His lawyer asked for $725,000, the defense for $90,000, and the jury gave $700,000. The judge offered $250,000 or a new trial, Soto declined, and the court affirmed the new trial order.

  • Arizona Court of Appeals · 2010
    Claim barred; summary judgment affirmed

    In October 2006 Taylor Thompson looked down to brush crumbs off her lap on Hacienda Del Sol Road, her car left the pavement and rolled, and she fractured vertebrae and injured her spleen. Her family found two potholes the next day, and an expert said in February 2007 that the road caused the crash. They served a notice of claim on 30 July 2007. The court held the claim accrued earlier, so the notice was late and the case was barred.

★ AZ · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Arizona.

  1. 1

    A high verdict can be cut. Soto’s fracture had healed and his doctor placed no restrictions on him, and the judge reduced the $700,000 award to $250,000.

  2. 2

    Refusing a remittitur means a new trial, with the risk of a lower number.

  3. 3

    Government claims start the clock early. The court refused to wait for the expert report to start the notice period in Thompson’s case.

★ 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 fracture settlement in Arizona.

★ fracture · 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 fracture claims.

JurisdictionFault ruleLimitationFracture page
Arizona · you are herePure comparative negligence2 years from date of injury—
New MexicoPure comparative negligence3 years from date of injuryNM · fracture →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · fracture →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · fracture →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · fracture →
MississippiPure comparative negligence3 years from date of injuryMS · fracture →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · fracture →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · fracture →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · fracture →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · fracture →
DelawareModified comparative, 51% bar2 years from date of injuryDE · fracture →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · fracture →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · fracture →
★ AZ · fracture · frequently asked

Common questions.

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

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Arizona. See /methodology, /sources, and /disclaimer.