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Are There Limitations for Non-Economic Damages in Arizona? There are no limitations, or caps, related to pain and suffering damages in Arizona. Some states do place caps on non-economic damages, but this has been found to be against the Arizona constitution.
No limit on personal injury damages in Arizona Although certain states have laws that place limits or caps on the damages a plaintiff can receive in a personal injury lawsuit, Article 2, Section 31 of the Arizona Constitution provides that no such law is permitted in Arizona.
The statute of limitations in Arizona is set at two years for all personal injury claims.
As discussed in my earlier blog, the small claims limit for whiplash type injuries suffered in a road traffic accident was increased from £1,000 to £5,000 on 31st May 2021. On the 6th April 2022, the small claims limit for all other types of personal injury claims will increase from £1,000 to £1,500.
Every state has a statute of limitations law that limits how long you have to take certain types of legal action, such as filing a civil lawsuit. In Arizona, the statute of limitations gives you two years from the date of an accident to file a personal injury lawsuit against the at-fault party.
The average settlement amount for Arizona personal injuries typically ranges from roughly $5,000 to $80,000, though insurance companies often settle in the $100,000 plus range, and many of our clients have received much more.
Some states place a cap on the amount of punitive damages that can be awarded. Arizona has no such cap. However, the United States Supreme Court has held that a ratio of punitive damages to compensatory damages that exceeds will generally be deemed unconstitutional.
Arizona pain and suffering multiplier Insurance companies and attorneys often calculate pain and suffering by using a multiplier between 1 and 5 (the more severe the injury, the higher the multiplier). This means that pain and suffering is calculated over and above medical expenses at that rate.