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Understanding the Damage Caps in Arizona’s Personal Injury Settlements

Understanding the Damage Caps in Arizona’s Personal Injury Settlements

Shapiro Law Team January 31, 2024 Personal injury

If you’ve ever heard the term ‘damage caps’ before, you might have some alarm bells going off in your head. Even though damage caps are a real thing, they’re prohibited in certain states and under certain circumstances. Keep reading to learn more about what damage caps are, whether they’re legal in Arizona, and what Shapiro Law Team can do to boost your chances of getting the maximum amount of compensation for your damages.

What Are Damage Caps?

Damage caps are statutory limits set on how much a claimant can recover in damages. In other words, it’s a law preventing the claimant from recovering above a certain settlement amount. This means if your damages exceed a certain amount, you might not recover the necessary amount of compensation to cover your damages.
Even though some states have damage caps, most don’t. This includes the state of Arizona.

Does Arizona Have Damage Caps?

Arizona does not have damage caps. This means that by law, Arizona doesn’t limit settlement amounts for the claimant. In fact, Arizona is one of only five states that considers damage caps unconstitutional. However, Arizona law does prevent plaintiffs from recovering punitive damages against public entities.

damage cops in arizona

3 Types of Damages in Arizona

Three types of damages are generally awarded in the state of Arizona, with some exceptions revolving around punitive damages. At Shapiro Law Team, we see our share of economic and non-economical losses. Let’s take a closer look at each one and what they mean.

Economic Damages

Economic damages refer to monetary losses. These losses range from medical bills and lost income to continuous treatment and property damage. Loss of employment and missed business opportunities can also fall under the umbrella of economic damages.

Common economic damages include:

  • Lost wages
  • Medical expenses
  • Loss of income
  • Property damage
  • Future medical costs
  • Physical therapy expenses

Non-Economic Damages

Non-economic damages refer to non-monetary losses. These losses are tricky to prove since a dollar sign isn’t attached to them. Non-economic damages include things like pain and suffering, emotional distress, loss of enjoyment of life, depression, and more.

Common non-economic damages include:

  • PTSD
  • Panic attacks
  • Eating disorders
  • Anxiety
  • Embarrassment
  • Sleeping disorders

Punitive Damages

As we mentioned, punitive damages come with a few stipulations in Arizona. While punitive damages are rarely awarded, they are awarded sometimes under certain circumstances. These types of damages refer to actions taken to punish the defendant. Drunk driving is a common example of a case that would warrant punitive damages.

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Punitive Damages Restrictions in Arizona

Let’s dig into punitive damages. Arizona does not allow claimants to recover punitive damages from public entities. Public entities include government agencies, public schools, hospitals, and organizations.

This means that certain medical practitioners and government bodies are exempt from legal punishment in the form of punitive damages. Contact Shapiro Law Team to learn more about your rights and how punitive damages work in Arizona.

Arizona Prohibits Caps on Personal Injury Damages

According to Article 2, Section 31 of Arizona’s constitution, capping personal injury damages is strictly prohibited and unlawful. This means the state’s law prohibits a cap on damages one would receive from a wrongful death or personal injury case.

If you’ve been involved in a personal injury case, Arizona cannot and will not reduce the amount of your award. It’s the job of your personal injury attorney to secure a maximum payout. Shapiro Law Team can help you reach your rightful compensation through superior representation. Our lawyers will work with you to present your case, including all evidence from the events that caused the injury.

Whether you’ve been in a car accident or a dog has bitten you, our team fights tooth and nail to achieve the best possible outcome.




Can Arizona Law Cap Damages in the Future?

There are no Arizona laws that will cap future damages. However, there are statutes of limitations regarding how soon you must file a lawsuit.

In Arizona, the statute of limitations for a personal injury claim is two years from the date of the accident or injury. If you don’t file a claim within two years, you cannot receive compensation through the court.

If you’ve been involved in a personal injury case, we urge you to contact an experienced personal injury attorney as soon as possible.

How a Lawyer Can Help You Maximize Your Recovery Damages

A personal injury lawyer can help you reach maximum damage recovery. We understand each case is unique, which is why we opt for a personable approach. Through personal attention and a client-first work ethic, we work around the clock to present your case through detail-driven evidence.

From police reports to surveillance footage, our lawyers will review all evidence provided to support your case. The best part is that if we don’t win your case, you won’t pay us a dime, as we operate on a contingency fee basis.

Personal injury cases we accept include:

  • Motor vehicle accidents
  • Truck accidents
  • Bicycle and pedestrian accidents
  • Motorcycle accidents
  • Premises liability
  • Slip and fall accidents
  • Medical malpractice
  • Product liability injuries
  • Catastrophic injuries
  • Wrongful deaths

If you’ve been involved in an accident, you need the right representation. Give Shapiro Law Team a call so we can get to work on your behalf.

Schedule Your Free Consultation with Shapiro Law Team

You deserve to get your life back on track. We know things don’t feel normal right now and won’t for a while, but we can help you restore normalcy faster than you could on your own. Shapiro Law Team has a proven track record of recovering millions of dollars for clients in all types of personal injury cases. With no upfront fees and a long list of success stories, you can feel confident choosing a law firm other Phoenix and Scottsdale residents trust.

Start now by calling us for a free consultation. One quick phone call with our team can change your life.

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