United States law can be complicated. Not only are federal laws simply hard to understand, but most states enact their own laws that may contradict or defer from federal or other state laws.
Arizona has its own laws regarding damage caps in a personal injury lawsuit. Getting to know these differences can help you get the maximum for your suit and stay legally compliant while you’re searching for a legal representative. Let’s look at these differences more in-depth.
Where and How to File an Arizona Personal Injury Lawsuit
A personal injury lawsuit is governed by the Arizona Rules of Civil Procedure. Most personal injury lawsuits are filed in the state’s Main Court or the Supreme Court. You would file your lawsuit in the Supreme Court for the country and the state where the accident occurred.
To start a lawsuit, you would file a complaint with the clerk of the court. In the document you receive, you would describe who was involved in the case, when, where, and how the accident occurred, the state of your injuries, why you’re suing, and what damages you’re seeking.
Where and How to File a Class Action Personal Injury Lawsuit
If you’re filing a class action injury lawsuit, you will do so in a similar way unless the lawsuit is already underway. In that instance, you would simply add your name to the lawsuit.
Before you file a class action, you should research the latest lawsuit legal news to ensure that one doesn’t already exist. If you accidentally file a similar lawsuit when one is already occurring, it’ll likely be thrown out in court and cost you a lot of unnecessary time and money.
Does Arizona Put Caps on Personal Injury Lawsuit Claims?
While many states put limits or caps on the damages an injured person can collect in a personal injury lawsuit, Arizona has no caps on damages. In fact, they are prohibited by the Arizona Constitution. This means that when you seek damages for injuries like emotional distress, disability and disfigurement, etc., you can ask for as much as you think you’re entitled to.
How Does Arizona Court Determine Lawsuit Damages?
Like most courts in the United States, the judge will rule based on the evidence presented. If you can prove beyond a reasonable doubt that you were injured in the matter you stated, then you’ll receive damages based on current medical payments, future medical payments, etc.
In most injury cases, you’re not actually allowed to determine the exact amount of damages you wish to recover. Instead, you have to state the damaged tier your case belongs to:
- Tier 1: $50,000 or less
- Tier 2: More than $50,000, less than $300,000
- Tier 3: $300,000 or more
Keep in mind that there are specific limits on when you can bring a personal injury lawsuit to court. The general rule is two years from the date of injury, but some exceptions exist. For example, the statute of limitation doesn’t begin for minors until they turn 18, and dog bites must be filed within one year. The discovery rule can also impact the statute of limitations.
How to Know if You Are Partially to Blame For an Accident?
Arizona is also a pure comparative negligence state. This means that if you’re partially to blame for your injuries, you will not receive the maximum amount for your claim. However, as long as you aren’t 100% at fault, you can collect some damages from your personal injury suit.
For the defendant to claim that the injured party had partial blame, they have to prove that they either did everything in their power to protect the victim or that the victim was willingly negligent. Since proving willful negligence is difficult, defendants will rarely win if they use this defense.
In Conclusion…
Now that you’re familiar with the caps (or lack thereof) of a personal injury lawsuit, you can start figuring out what you’re owed with the help of a lawyer. Since Arizona doesn’t have a cap, you’re free to receive any amount of money as long as the courts deem it fair and just.
