Non-Economic Damages in Arizona Catastrophic Cases
A catastrophic injury costs more than money. The pain, the loss of the life a person could have led, and the impact on relationships are real harms — non-economic damages — that the law compensates alongside the financial losses.
The human harm
Non-economic damages account for pain and suffering, loss of enjoyment of life, disfigurement, emotional distress, and, in some cases, a spouse's loss of companionship. For a catastrophic injury, these can be substantial, reflecting the profound change to a person's life.
Caps rarely apply to ordinary injuries
Importantly, in our states there is generally no cap on these damages in an ordinary injury case — a catastrophic injury from a crash, a defective product, or unsafe property. Caps apply mainly to medical malpractice and, in some states, government claims.
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Frequently asked questions
Are non-economic damages capped?
In an ordinary injury case in our states, generally no — caps apply mainly to medical malpractice and, in some states, government claims. A catastrophic injury from an ordinary accident is typically not capped.
Arizona law — what people ask
How long do I have to file an injury claim in Arizona?
Generally two years. But if a public entity is involved you must serve a formal notice of claim within 180 days and file suit within one year — and Arizona runs a much shorter one-year clock on dog-bite strict-liability claims specifically.
Can I still recover if I was partly at fault in Arizona?
Yes. Arizona applies pure comparative negligence, so fault reduces your recovery rather than ending the claim, and there is no percentage at which it cuts off. Arizona also treats fault questions as belonging to the jury rather than being resolved beforehand.
Does Arizona cap what I can recover?
No — and this sets Arizona apart from most states. Its constitution prohibits laws limiting damages for injury or death, and that applies to medical-malpractice claims too, where most states impose a cap. If you have read that pain and suffering is capped, that is not Arizona law.
What if more than one party was responsible?
Arizona generally applies several liability, so each responsible party answers for its own share rather than the whole judgment. That makes identifying every responsible party early a practical question about what is actually collectible.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured coverage is the usual route. Arizona also requires insurers to offer that coverage in writing — so if you were told your policy carries none, the underwriting file is worth checking before that answer is accepted.
Will the jury hear that my health insurance paid my bills?
Usually not — Arizona generally follows the collateral source rule. Medical-negligence cases are the statutory exception, where that evidence has been made admissible, which changes how medical damages are presented in those claims specifically.
Injury law in Arizona
Arizona injury law has some features that set it apart from its neighbors.
- Filing deadline: Arizona generally gives you two years from the injury to file, but only 180 days to serve a notice of claim on a public entity.
- Fault: Arizona follows pure comparative negligence — being partly, or even mostly, at fault reduces your recovery but does not bar it.
- Damage caps: Arizona is unusual: its constitution prohibits caps on injury or death damages, so a statutory cap does not limit what you can recover.
- Multiple defendants: Arizona generally applies several (not joint) liability, so each responsible party is accountable for its own share.
Related catastrophic injury types
California injury law
This is general information about Arizona injury law, not legal advice. Every case is different.
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