Best Personal Injury Lawyers in Arizona (2026)

In Arizona, the deadline to file a standard personal injury lawsuit is generally 2 years after the cause of action accrues.

Governing statute: A.R.S. § 12‑542. Applies to general personal injury actions; accrual is often the date of injury, but Arizona’s discovery rule may delay accrual. A.R.S. § 12‑502 excludes periods of minority or unsound mind existing when the claim accrues from the limitations period.

Medical malpractice claims in Arizona generally must be filed within 2 years after the claim accrues.

A.R.S. § 12‑542 expressly includes medical malpractice as defined by A.R.S. § 12‑561. Arizona’s discovery rule may delay accrual until the claimant knows or reasonably should know the facts supporting the claim. A.R.S. § 12‑502 provides tolling when the claimant was under 18 or of unsound mind at accrual.

Wrongful death claims in Arizona: 2 years from the date of death.

Governing limitations statute: A.R.S. § 12‑542(2), which provides that the action accrues at the death of the injured person.

If a government entity, public school, or public employee is involved, shorter deadlines generally apply in Arizona: 180 days after accrual to file a notice of claim; the lawsuit generally must be filed within 1 year after accrual.

A.R.S. § 12‑821.01 governs notice and A.R.S. § 12‑821 governs the lawsuit deadline. The notice must be filed with the authorized recipient and satisfy statutory content requirements. A minor or an insane or incompetent person may file within 180 days after the disability ceases.

Arizona follows pure comparative fault for negligent conduct: the claimant’s damages are reduced in proportion to the claimant’s percentage of fault, rather than barred merely because that percentage exceeds 50%. A.R.S. § 12‑2505 denies the benefit of comparative negligence to a claimant who intentionally, willfully, or wantonly caused or contributed to the injury or death.

Under A.R.S. § 12‑2506, each defendant is generally liable only for the damages allocated to that defendant’s percentage of fault, subject to statutory exceptions.

Damage caps in Arizona: Arizona’s Constitution generally prohibits statutory limits on damages recovered for death or personal injury, so there is no general cap on economic or non-economic damages in ordinary personal injury, medical malpractice, or wrongful death cases. (Arizona Constitution, Article 2 § 31 and Article 18 § 6.)

This does not make every type of damage available in every case; constitutional exceptions and specific immunities apply, including the prohibition on punitive damages against public entities and public employees acting within the scope of employment.

Contingency fees are permitted and regulated by ER 1.5 of Rule 42, Arizona Rules of the Supreme Court. The agreement must be in writing, signed by the client, and state the applicable percentage or percentages and how litigation expenses affect the recovery.

Caveat: Official Arizona sources do not establish the stated “typical” one-third, 40%, or post-trial percentages; the fee must be reasonable and depends on the written agreement.