Fracture settlements
in Arizona.
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 government | A 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 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 |