Mass Tort vs. Class Action in Arizona
People often use 'mass tort' and 'class action' interchangeably, but they are different — and the difference can affect how much say you have and what you recover. The simplest way to tell them apart is to ask whether your claim stays your own.
A class action: one claim for the group
In a class action, a small number of representatives stand in for a large group, and one outcome generally binds everyone. It works well when each person's harm is similar and relatively small. Individual class members usually have limited say and receive a share of a common result.
A mass tort: many individual claims
In a mass tort, each injured person keeps a separate claim based on their own injuries. The cases may be coordinated before one court to resolve shared questions efficiently, but your own harm, treatment, and damages still drive your case — and can lead to a different result than someone else's.
Why the difference matters
Because a mass tort keeps your claim individual, your specific injuries matter to what you may recover. We explain which structure a given matter uses and what it means for you. The review is free and confidential. Se habla español.
How much is my mass tort case worth? →
Frequently asked questions
Which is better for me, a mass tort or a class action?
It depends on the situation — the structure is usually set by how the litigation is organized, not chosen by you. What matters is that in a mass tort your individual injuries still drive your case. We explain how a given matter is structured in a free review.
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 mass tort topics
California injury law
This is general information about Arizona injury law, not legal advice. Every case is different.
Injured by a drug, device, or product?
A quick, confidential review can tell you where you stand — about two minutes, no cost, no obligation.