In Arizona, victims of personal injuries are limited to two years when filing a claim against the individual who caused their injuries. The only exception to this ruling is when injuries that were undiscovered until a significant amount of time had passed. When this occurs, the statute is extended two years from the date of the discovery. However, if the claim is against a governmental entity, the claimant has 180 days only to submit a formal claim and one year to file a lawsuit.
Rules and Stipulations of Arizona Injury Claims
Like other states, Arizona utilizes the comparative negligence rule. This allows manufacturers to file a counter-suit when the victim is partially to blame for the accident or injuries. For instance, a consumer who is injured during the use of a product, shares the blame for the injury if they neglected to follow the safety warnings affixed to the product. Comparative negligence could lead to a failure to acquire any form of settlement on the victim’s part. If a counter-suit is filed against the victim, she or he should contact automobile accident attorneys in Oro Valley.
However, if she or he was injured when there were not any warning labels, the manufacturer is liable for the entire accident and the victim’s injuries. This requires the manufacturer to pay the victim some form of compensation as instructed by the judge. In most cases, they are liable for medical costs or auto repairs; however, in severe cases, a large settlement is ordered based on severe or permanent injuries.
The cap for non-economic damages in Arizona range between $350,000 to $750,000. Punitive damages are capped at $10,000,000. These caps were applied after a 2005 Supreme Court ruling. Additional changes such as joint liability can no longer be acquired from one defendant.
Further changes prevent the defendant from avoiding payment due to previous awards to the victim. This rule is enforced through the collateral source rule. It further prevents a jury from awarding a smaller settlement in a lawsuit due to previous payments by other defendants. Victims of personal injuries should contact Automobile Accident Attorneys in Oro Valley through the law office of PRICE and PRICE.
