Does Arizona Law Cap Damages In Personal Injury Cases?

Does Arizona Law Cap Damages In Personal Injury Cases?

The short answer is no.

Some states have laws that cap the amount of money a person can recover as compensation for injuries caused by another person.  Some of these caps apply to specific types of injury cases.  Meaning some are caps on damages in car accident cases, while others have caps on medical malpractice claims or product liability claims.  For example California Medical Injury Compensation Reform Act (MICRA) limits not only the amount of non-economic damages at $250,000.00 (This amount does not include medical expenses (future or incurred) or lost wages.)  Meaning if a doctor’s malpractice causes the loss of a limb or loss of sight, the most the injured party may receive is the $250,000.00 for the pain, suffering and inconvenience related to the loss of a limb or sight.   The law also shortens the time in which someone injured by a doctor’s malpractice can bring a claim against the doctor.

Arizona’s State Constitutional  prohibiting caps on personal injury damages.    Specifically Article II, Section 31 provides: “No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person.”  Meaning that the founders of this State felt it necessary to protect the rights of those injured due to someone’s negligence.

This means it would take an amendment to the Arizona constitution.  There are three ways to accomplish this: (1) a ballot initiative; (2) via the legislature (w/certain protocols) and (3) a constitutional convention.

If you are injured and are concerned about your rights, feel free to contact the firm for a free consultation.