Arizona injury law at a glance
| Rule | What it means for you | Source |
|---|---|---|
| Deadline to file a lawsuit | Generally 2 years for personal injury and wrongful death | A.R.S. § 12-542 |
| Claims against a public entity | Notice of claim within 180 days, with the facts and a specific settlement amount; lawsuit within 1 year | A.R.S. §§ 12-821.01, 12-821 |
| Shared fault | Pure comparative fault: your recovery is reduced by your share of fault | A.R.S. § 12-2505 |
| More than one at-fault party | Several liability: each defendant generally pays only its own percentage of fault | A.R.S. § 12-2506 |
| "Nonparty at fault" | Defendants can blame people who are not in the lawsuit, if they give timely notice | A.R.S. § 12-2506(B) |
| Minimum auto insurance | $25,000 per person / $50,000 per accident / $15,000 property damage (policies issued or renewed since July 1, 2020) | A.R.S. § 28-4009 |
| Limits on damages | The Arizona Constitution prohibits laws that limit the amount of damages for injury or death | Ariz. Const. art. 2, § 31 |
| Dog bites | Owners are strictly liable; a claim under the statute may have a 1-year deadline | A.R.S. §§ 11-1025, 12-541 |
The notice-of-claim trap
Arizona's two-year statute of limitations is well known. The rule that catches people by surprise is the notice of claim for injuries involving a city, county, state agency, public school or public employee, such as a crash with a city vehicle or a fall on public property.
The claim must be filed within 180 days after the cause of action accrues. It must contain enough facts for the agency to understand the basis of the claim and a specific dollar amount for which the claim can be settled, along with the facts supporting that amount. A.R.S. § 12-821.01(A) A claim that misses the deadline or leaves out the required content is barred, and Arizona courts enforce these requirements strictly. Any lawsuit must then be filed within one year. A.R.S. § 12-821
Comparative fault and the "nonparty at fault"
Like California, Arizona uses pure comparative fault, so your damages are reduced by your percentage of fault but not eliminated. A.R.S. § 12-2505
Arizona differs sharply on what happens when several people share fault. Liability is generally several only: each defendant pays only its own percentage. A.R.S. § 12-2506(A) Exceptions are narrow, for example where one party was acting as another's employee or agent, or where parties consciously acted together. A.R.S. § 12-2506(D)
Arizona also allows a defendant to name a nonparty at fault, a person or company that is not in the lawsuit, and ask the jury to assign fault to them. A.R.S. § 12-2506(B) Any share assigned to a nonparty is a share no defendant pays. A careful early investigation, and naming the right defendants in time, is the best protection against this strategy.
Insurance in Arizona
Arizona's minimum liability limits are $25,000 per person, $50,000 per accident and $15,000 for property damage. A.R.S. § 28-4009 Those minimums are lower than California's.
Insurers must offer uninsured and underinsured motorist coverage in writing, up to your liability limits, and your declarations page is treated as the final word on whether you bought it. A.R.S. § 20-259.01 Underinsured motorist coverage pays when all applicable liability limits are less than your total damages. Learn more about uninsured and underinsured motorist claims.
No caps on injury damages
The Arizona Constitution provides that no law shall limit the amount of damages recovered for causing death or injury. Ariz. Const. art. 2, § 31 A jury may award compensation for medical expenses, lost earnings, pain and suffering and other harms without a statutory cap. Punitive damages are reserved for conduct showing an "evil mind" and must be proven by clear and convincing evidence. Linthicum v. Nationwide Life Ins. Co. (1986) 150 Ariz. 326
How we represent Arizona clients
Eli is licensed by the State Bar of Arizona. The firm's only office is in Los Angeles, and it does not maintain an Arizona office. Arizona clients usually start with a free phone consultation, and Eli handles the case personally from investigation through settlement or trial in the Arizona courts.
We represent people injured in Phoenix and throughout Maricopa County, including Scottsdale, Paradise Valley, Tempe, Mesa, Chandler, Gilbert, Glendale, Peoria, Goodyear, Avondale and Surprise, as well as elsewhere in Arizona.
Arizona injury cases we handle
Car accidents in Arizona
Insurance minimums, nonparty-at-fault defenses and what to do after a crash.
Rideshare accidents
Uber, Lyft and Waymo crashes under A.R.S. § 28-4038.
Truck accidents
Commercial carriers on I-10, I-17 and the Loop freeways.
Motorcycle accidents
Arizona's lane-filtering law and how insurers use it against riders.
Uninsured and underinsured motorist
When the at-fault driver's policy is not enough.
Wrongful death
Who may bring a claim under A.R.S. § 12-612 and what a family may recover.
Arizona personal injury FAQ
How long do I have to file a personal injury lawsuit in Arizona?
Generally two years. A.R.S. § 12-542 If a public entity or public employee may be responsible, a notice of claim must be filed within 180 days. A claim under the dog-bite statute may have a one-year deadline. A.R.S. § 12-541
The insurance company says someone else caused the crash. Does that hurt my case?
It can. Arizona lets defendants blame a "nonparty at fault." Any fault a jury assigns to someone outside the lawsuit reduces what the defendants pay. A prompt investigation helps identify and include everyone who should be responsible.
Is there a cap on pain and suffering damages in Arizona?
No. The Arizona Constitution bars laws that limit damages for injury or death. Ariz. Const. art. 2, § 31
Do you have an office in Arizona?
No. The firm's office is in Los Angeles. Eli is licensed in Arizona and represents Arizona clients personally. Consultations are free by phone, 24/7.
This page explains general rules of California and Arizona law. It is not legal advice, laws change, and every case depends on its own facts. Reading it or contacting the firm does not create an attorney-client relationship.
