Civil Claim vs. Criminal Case in Arizona
Many survivors are surprised to learn that a civil claim is entirely separate from the criminal justice system. Understanding the difference can open a path that does not depend on the police or a prosecutor.
Two separate paths
A criminal case is brought by the government to punish an offender, and it is out of the survivor's hands. A civil claim is yours — it is about accountability and support for your recovery, and you decide whether and how to pursue it. It can also reach an institution that a criminal case cannot.
You do not need a conviction
You do not need a police report, criminal charges, or a conviction to bring a civil claim. The two use different standards, and a civil claim can succeed even where no criminal case was ever filed. Whether you reported it is entirely your choice.
How we help
We explain how both paths work, help you understand your options, and pursue the civil claim if and when you choose. The conversation is free and confidential. Se habla español.
Frequently asked questions
The police did not press charges. Can I still bring a claim?
Yes. A civil claim is separate from the criminal system and uses a different standard, so it can move forward even where no charges were filed or a case did not proceed. Whether you reported it is your choice.
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 topics
This is general information about Arizona injury law, not legal advice. Every case is different.
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