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Arizona Personal Injury Laws

Arizona is one of the most plaintiff-friendly states for personal injury — it follows pure comparative fault (no threshold) and has no statutory caps on non-economic or punitive damages. The Arizona Constitution prohibits legislative limits on damages. The statute of limitations is 2 years for all PI and wrongful death claims. Arizona is a fault-based auto insurance state with 25/50/15 minimums.

Last verified: 2026-02-25

Statute of Limitations

Personal injury, property damage, and wrongful death actions must be filed within 2 years of when the cause of action accrues.

Exceptions

Wrongful Death2 years from date of deathA.R.S. §§ 12-542, 12-611

Wrongful death claims must be filed within 2 years. Recovery is distributed to surviving spouse, children, parents, or the estate.

Discovery Rule2 years from discoveryA.R.S. § 12-542

Accrual is generally when the plaintiff discovers or should have discovered the injury and its connection to the defendant's conduct.

Fault & Liability Rules

Pure Comparative FaultA.R.S. § 12-2505

Arizona follows pure comparative negligence — a plaintiff can recover damages regardless of their degree of fault. Damages are reduced by the plaintiff's percentage of fault. Even a plaintiff 99% at fault can recover 1% of damages. The only exception: comparative negligence is not a defense if the claimant's conduct was intentional, willful, or wanton.

Damage Caps

Non-Economic Damages: No cap

Arizona has no statutory cap on non-economic damages. The Arizona Constitution (Article 18, Section 6) prohibits legislative limits on damages.

Punitive Damages: No statutory capA.R.S. §§ 12-681 through 12-689

No fixed statutory cap on punitive damages in general tort cases — amounts are subject to constitutional due process limits. Manufacturers/sellers who complied with government approvals may be exempt (A.R.S. § 12-689).

Auto Insurance System

Fault (Tort)A.R.S. § 28-4009

Arizona is a fault-based auto insurance state. Minimum liability coverage is 25/50/15 ($25,000 per person, $50,000 per accident for bodily injury, $15,000 for property damage).

Key Arizona Statutes

Constitutional Damages ProtectionArizona Constitution, Article 18, § 6

The Arizona Constitution prohibits the legislature from limiting the amount recoverable for injuries resulting in death or personal injury — making Arizona one of the most plaintiff-friendly states for PI damages.

Wrongful Death DistributionA.R.S. § 12-612

Recovery is distributed to surviving spouse, children, parents, or the estate in proportion to their damages.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Arizona Legislature — Revised Statutes. For advice about your specific situation, consult a licensed attorney.

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