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Arizona · medical negligence

Medical negligence 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 medical negligence 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 medical negligence 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 medical negligence settlements where comparative fault is contested (the claimant who failed to mitigate, the unbelted occupant, the worker who departed from a safety protocol).

For medical negligence claims specifically, statutory caps frequently apply to non-economic damages or to total recovery — Arizona's caps (no statutory cap) materially compress the upper end of the band. Catastrophic medical negligence cases that would otherwise produce seven- or eight-figure awards are routinely capped at the statutory ceiling.

band · US federal frame
$30,000 – statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

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 medical negligence settlement in Arizona.

medical negligence · 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 medical negligence claims.

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