Quick Answer
Personal injury law is the body of civil law that lets a person who was hurt by someone else's negligence or wrongdoing recover money damages. In Arizona, that covers car accidents, slip and falls, dog bites, medical malpractice, workplace injuries (often via workers' comp plus a third-party claim), product defects, and wrongful death. Arizona uses a **pure comparative fault** rule, the standard statute of limitations is **2 years**, and the vast majority of cases settle before trial.
What counts as a personal injury case?
The core question is: did someone else's negligence (or intentional act) cause you a real, documentable injury? If yes, you may have a claim. Common categories include:
- **Motor vehicle accidents** — cars, motorcycles, trucks, rideshare, bicycle, pedestrian
- **Premises liability** — slip and fall, trip and fall, inadequate security, swimming pool, dog bite
- **Workplace injuries** — usually workers' comp, plus a third-party claim against any non-employer at fault
- **Medical malpractice** — misdiagnosis, surgical error, medication error, birth injury
- **Product liability** — defective vehicles, defective medical devices, dangerous consumer goods
- **Wrongful death** — when negligence causes a death, the family can sue
- **Government liability** — claims against cities, counties, ADOT, and the State of Arizona (special 180-day notice rule)
The four elements of negligence
Every negligence-based personal injury claim in Arizona requires four things:
- **Duty** — the defendant owed you a duty of care (e.g., drivers owe other drivers safe operation)
- **Breach** — the defendant fell below the standard of care
- **Causation** — that breach actually caused your injury
- **Damages** — you suffered measurable harm
Missing any one of these means no case.
Arizona's pure comparative fault rule
Arizona is one of the most plaintiff-friendly states on fault. Even if you were 80% responsible for your own injury, you can still recover the remaining 20% from the other at-fault party. Other states bar recovery once your fault hits 50% or 51% — Arizona has no such bar. Read our full article on [Arizona's comparative fault rule](/blog/arizona-comparative-fault) for examples.
Statute of limitations
The **standard deadline** in Arizona is **2 years** from the date of injury for most personal injury and wrongful death claims. Critical exceptions:
- **Government claims** — 180-day Notice of Claim plus a 1-year suit deadline
- **Workers' compensation** — 1 year to file with the Industrial Commission
- **Minors** — clock generally tolled until age 18
- **Medical malpractice** — discovery rule may extend the standard 2 years
Missing the deadline ends your case. Permanently. There is no extension by good intentions or negotiations.
What you can recover
Arizona allows two categories of compensatory damages:
**Economic damages** (provable in dollars): - Past and future medical bills - Past and future lost wages and lost earning capacity - Property damage - Out-of-pocket costs (transportation, in-home care, modifications)
**Non-economic damages** (subjective but real): - Pain and suffering - Emotional distress - Loss of enjoyment of life - Disfigurement - Loss of consortium
Arizona has **no cap** on non-economic damages in standard personal injury cases. Punitive damages are also available in cases of egregious or malicious conduct (e.g., DUI crashes).
How a case typically proceeds
- **Initial consultation** — usually free, attorney evaluates the case
- **Investigation** — accident reports, witness statements, scene photos, expert review
- **Medical treatment** — you focus on getting better while the firm preserves evidence
- **Demand package** — once treatment plateaus, the firm sends a comprehensive settlement demand
- **Negotiation** — most cases settle in this phase
- **Lawsuit (if needed)** — filed if the insurer refuses fair value
- **Discovery** — both sides exchange evidence and take depositions
- **Mediation** — many cases settle here even after suit is filed
- **Trial** — only ~3-5% of cases reach a jury verdict
Timelines range from a few months for simple cases to 2-3 years for complex litigation.
How attorneys are paid
Arizona personal injury attorneys typically charge a contingency fee — usually 33⅓% pre-suit and 40% if a lawsuit is filed. No recovery means no fee. See our full breakdown of [how much a personal injury lawyer costs in Arizona](/blog/personal-injury-lawyer-cost-arizona).
FAQ
**Do I have a case if I was partly at fault?** Yes. Arizona's pure comparative fault rule allows recovery even if you were the majority at fault.
**How long do I have to file?** Generally 2 years for personal injury, but some categories have much shorter deadlines. Call early.
**Will I have to go to court?** Probably not. About 95-97% of cases settle before trial.
**What if the at-fault driver has no insurance?** Your own UM/UIM coverage applies — see our article on [getting hit by an uninsured driver](/blog/hit-by-uninsured-driver-arizona) when it publishes.
**How much is my case worth?** It depends entirely on injury severity, treatment cost, lost income, liability clarity, and available insurance. See [how much your case is worth](/blog/how-much-is-my-case-worth) for the framework.
Talk to a Saguaro Injury Lawyer
Call us at (623) 887-2002 for a free consultation or request a free case review at /free-case-review. Hablamos español.
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*This article is for general informational purposes only and does not constitute legal advice. Each case is unique and outcomes vary. For advice on your specific situation, consult with a qualified attorney. Past results do not guarantee future outcomes.*