Pain and Suffering Damages in Arizona
Created by FindLaw's team of legal writers and editors | Last reviewed March 13, 2019
Arizona may bring to mind naturally beautiful red mountains and off-road adventures galore for most, but for you it only brings traumatic reminders of a time when ATVs left you needing round-the-clock care. Or maybe you escaped a car accident with only a few scrapes, but now your neck is so stiff and sore you can’t even bend down to give your special someone a hug. You may have already figured out that the Arizona court system will compensate you for your lost income and medical bills, but keep reading to find out how you might be able to recover pain and suffering damages in Arizona.
Economic damages cover your monetary losses, but in Arizona you can recover for nonmonetary losses as well. Nonmonetary losses are known as "noneconomic losses" and they are intended to compensate you injuries such as pain, discomfort, suffering, disability, anxiety, disfigurement, loss of love, loss of care, loss of affection, loss of companionship, loss of other pleasures of the relationship, and death.
Check out the chart and accompanying explanations below to learn more about pain and suffering damages in Arizona.
Statute of Limitations
1 year for false imprisonment, damage to reputation, wrongful termination, or breach of contract (A.R.S. § 12-541)
Pure Comparative Fault (A.R.S. § 12-2505)
Pain and suffering damages are available as part of damage award for many claims in Arizona, including:
- Wrongful Termination
- Car Accidents
- Damage to reputation
- Breach of Contract (limited circumstances)
- Defective Products
- Slip and Fall
- Wrongful Death
- Medical Malpractice
- Intentional Injury (Intentional Tort)
Bars to Recovery
If your pain and suffering is due to another's negligence, you will be able to recover damages even if you were mostly at fault. This is because Arizona uses the pure comparative fault rule which allows recovery even if the plaintiff is 99% at fault for his own injuries. Arizona does add the caveat that no plaintiff can recover if he or she intentionally caused or contributed to their own injury.
Arizona is no different from other states in that it has time limits, or "statutes of limitations" on how long you can wait to file a claim for damages. While you have an impressively long twelve years to file a product liability claim, most personal injury claims must be filed within only two years of the injury. If you are trying to recover pain and suffering damages stemming from a false imprisonment, damage to reputation, wrongful termination, or breach of contract claim, you have no time to waste: you must file within a mere one year.
Arizona is no different from most states in that it does not offer pain and suffering damages as part of worker's compensation claim damages. However, if your claim stems from one of the many claims that permit pain and suffering damages, you will be glad to hear that there are no state-imposed caps on the amount of pain and suffering damages the jury may award you.
Speak to an Attorney to Learn More About Pain and Suffering Damages in Arizona
Arizona's pure comparative fault system makes recovery likely for most injured parties. But the downside of such a forgiving legal system is an incredibly short period of time to assert your rights. If your trip to the Grand Canyon took more than just your breath away, speak to an experienced personal injury attorney in Arizona today.
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