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★ Arizona · head & brain

Head & brain settlements
in Arizona.

By Reviewed by Abd Shanti, Founder9 min read

Arizona’s pure comparative fault rule means a brain injured pedestrian found 60 percent at fault still recovered on a $2 million verdict against a cab company. A jail inmate beaten into a coma won $440,532 plus punitive damages against the sheriff.

Facts that decide a head & brain claim in Arizona

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)
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
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)
united states · sister site
Your head & brain claim in Arizona. See the number for your own case.

FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

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★ AZ · reported head & brain outcomes

What Arizona courts have awarded.

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

  • Benedict v. Total Transit
    Arizona Court of Appeals · 2021
    $2,000,000 verdict with 60% fault on the plaintiff, affirmed

    A Discount Cab driver glanced at his phone and dispatch screen moments before striking two pedestrians crossing Thunderbird Road in Phoenix mid block at night. Gary Benedict died; Stephanie Hoff survived with brain damage and now needs custodial care, and both had methamphetamine in their systems. The jury awarded Hoff $2,000,000 and put 60 percent of the fault on her, and awarded Benedict’s two daughters $91,000 each. The court affirmed both verdicts.

  • Flanders v. Maricopa County
    Arizona Court of Appeals · 2002
    $440,532 plus $195,000 punitive, affirmed

    Jeremy Flanders was brutally attacked by other inmates at the Tent City jail. He suffered a closed head injury, was in a coma for several days and has permanent brain damage, loss of motor function and short term memory loss. The jury found for him on gross negligence and civil rights claims, awarding $440,532 in compensatory and $195,000 in punitive damages. The court affirmed and revived his civil rights claim against the County.

★ AZ · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Arizona.

  1. 1

    Even majority fault does not end an Arizona claim. Hoff recovered on a $2 million verdict despite being found 60 percent at fault.

  2. 2

    Distracted driving evidence matters. The cab driver’s glance at his phone supported the negligence finding.

  3. 3

    Claims against a county or sheriff need a notice of claim within 180 days.

★ 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 head & brain settlement in Arizona.

★ head & brain · 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 head & brain claims.

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

Common questions.

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

united states · sister site
Hurt in a car crash in Arizona? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of AZ
Arizona overview

Fault rule, statute, caps, and key facts for Arizona as a whole.

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ 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.