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Arizona Damage Caps in Personal Injury Settlements

Arizona Personal Injury Laws & Statutory Rules

Sustaining an injury can lead to significant setbacks in a person’s life. If you or a loved one have sustained an injury caused by the careless or negligent actions of another individual, business, or entity, there is a good chance you will be able to recover compensation for your losses.

Often, injury victims need to recover compensation by filing a personal injury lawsuit against the at-fault party. However, personal injury victims may wonder if there are limitations on the amount of money they can recover, particularly for very severe injuries.

What Are Damage Caps?

A “damage cap” is a law that places limits on the amount of compensation that an injured person can receive through a lawsuit. Various states around the country have established damage caps, though what is covered under these caps varies from place to place.

For example, some states limit the amount of compensation a person can receive for non-economic damages such as emotional distress, while other states only limit compensation in medical malpractice cases.

Does Arizona Have Damage Caps?

The Arizona constitution expressly prohibits placing limitations on damages in personal injury lawsuits. This is only one of five states that have constitutional prohibitions on personal injury damage caps.

In Arizona, injury victims who are harmed due to the careless or negligent actions of other individuals, companies, or entities are entitled to recover various types of compensation. In this state, there are three types of damages generally awarded.

  1. Economic damages. This refers to monetary losses such as medical bills, lost income, and other calculable losses that a victim incurs.
  2. Non-economic damages. This refers to damages that a victim sustains that are non-monetary and usually more difficult to prove, including physical pain and suffering, emotional distress, loss of consortium, etc.
  3. Punitive damages. These damages are not awarded in all personal injury cases and are designed to punish a defendant if their conduct is especially egregious or intentional.

Workers Compensation Claims in Arizona

Workers’ compensation claims are not civil personal injury claims and, therefore, do not have the same damage cap prohibitions. In this state, injured employees are entitled to lifetime coverage of medical expenses and compensation loss relief, but the total amount of compensation that victims can be awarded is capped by law.

If you or a loved one have sustained a work injury, you need to work with a skilled Phoenix personal injury attorney that practices workers’ compensation cases as soon as possible to ensure that you receive all compensation you are entitled to.

Comparative Fault Laws in Arizona

In Arizona, a person can receive compensation for their injuries even if they are partially at fault for the incident. This state follows a “pure comparative negligence” system, which means that a person can recover compensation even if they are up to 99% at fault for the incident. However, the total amount of compensation they are awarded will be reduced based on their percentage of fault.

Contact an Attorney at Torgenson Law

If you or somebody you love have been injured due to the careless or negligent actions of another individual, company, or entity, you should speak to an attorney as soon as possible. At Torgenson Law, our knowledgeable and experienced team is ready to get to work on your behalf immediately.

We can use our resources to conduct a complete investigation into the case in order to determine liability. At Torgenson Law, our goal is to secure full compensation for your losses so you can focus on being with your family and recovering from your injuries. When you need an Arizona personal injury attorney, you can contact us for a free consultation of your case by clicking here or calling 602-600-0492.

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John Torgenson

John Torgenson is a highly experienced personal injury lawyer with over 20 years of practice in Arizona. He earned his Bachelor’s degree from the University of Utah and his Juris Doctor from Notre Dame. John has a proven track record of securing substantial verdicts and settlements, including an $8.25 million recovery for a gunshot injury victim. His expertise has earned him AVVO ratings and recognition as a Super Lawyer.

John is also a sought-after lecturer on personal injury law, sharing his extensive knowledge with peers and aspiring attorneys. Beyond his legal practice, John is an avid golfer and actively supports organizations like the Military Assistance Mission, Arizona School for the Arts, Page Balloon Regatta, University of Arizona Foundation, Junior Achievement of Arizona, and the Tim Huff Pro Bono Golf Classic.

Passionate about advocating for injury victims, John dedicates his career to battling insurance companies and corporate interests, ensuring that the rights of those who are hurt are vigorously defended.