What Is a Mass Tort in Arizona?
If you have heard that a drug or device you used is the subject of litigation, the term 'mass tort' can be confusing. At its core it is a simple idea: when one product harms many people the same way, the law lets them take on the company together — without giving up their own individual claims.
Many people, individual claims
A mass tort brings together many people injured by the same product or conduct — often a drug, a medical device, or a chemical. They share the cost and effort of taking on a large company, but each person keeps a separate claim based on their own injuries. Your case remains your own.
Coordinated for efficiency
To handle common questions efficiently — like whether a product was defective — courts often coordinate these individual cases before a single judge. This lets the shared issues be worked out once, while each person's own injuries and damages are still decided individually.
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Frequently asked questions
Is a mass tort the same as a class action?
No. In a class action one outcome covers the whole group; in a mass tort each person keeps a separate, individual claim for their own injuries. The cases are often coordinated for efficiency but resolved individually.
Does joining a mass tort mean I lose control of my case?
No. Your claim stays individual — your own injuries, treatment, and circumstances drive it. Common issues may be handled together for efficiency, but your case and its value remain your own.
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.
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