Posted on:Jan 31, 2025

What Is Arizona’s Comparative Negligence Law and How Will It Affect My Personal Injury Claim?

HomeBlogWhat Is Arizona’s Comparative Negligence Law and How Will It Affect My Personal Injury Claim?

Being involved in an accident is stressful enough, but discovering you may be partially at fault can make the situation feel overwhelming. You might worry that any fault on your part could completely disqualify you from seeking compensation for your injuries. At Saavedra Law Firm, we understand your concerns and want you to know there is hope. Arizona’s comparative negligence law ensures that even if you bear some responsibility for an accident, you may still be entitled to recover damages. In this post, we’ll explore how comparative negligence works in Arizona, what it means for your personal injury claim, and how to protect your rights moving forward.

How Arizona’s Comparative Negligence Law Works

Comparative negligence is a legal principle that addresses situations where multiple parties share responsibility for an accident. It allows courts to distribute fault among the parties involved and adjust the amount of compensation accordingly. Arizona law follows a pure comparative negligence rule. This means that no matter how much fault you bear in an accident—whether it’s 1% or 99%—you can still seek compensation for the damages caused by the other party. However, your compensation will be reduced proportionally to your level of fault.

For instance:

  • If your total damages amount to $10,000 but you’re found to be 30% at fault for the incident, you would still receive $7,000 in compensation (70% of the total).

Key Points of Arizona’s Law:

  1. No 51% Rule: Unlike many states that follow a “modified comparative negligence” system (where you cannot recover damages if your fault exceeds 50%), Arizona’s pure comparative negligence rule has no such restriction.
  2. Applies to All Negligence Cases: This law covers a variety of personal injury claims, including car accidents, slips and falls, medical malpractice, and other incidents where negligence is a factor.
  3. Fault Percentages Are Crucial: The percentage of fault assigned to each party has a direct impact on the amount of compensation. This makes building a strong case and minimizing your level of fault essential.

Protecting Your Rights and Building a Strong Case

Navigating a personal injury claim while bearing partial fault can be tricky. However, there are steps you can take to protect your rights and strengthen your case under Arizona’s comparative negligence law.

Gather Evidence

Comprehensive evidence can minimize your assigned fault and strengthen your claim. Some key types of evidence include:

  • Photos or videos of the accident scene.
  • Witness statements.
  • Police reports or official documentation.
  • Medical records detailing your injuries.
Document Everything

Keep a record of everything related to the accident:

  • Dates and details of doctor visits.
  • Expenses incurred due to the accident (e.g., medical bills, repair costs).
  • Any interactions with the other party or their insurance company.
Stay Cautious with Insurance Companies

While an insurer may seem helpful, their goal is often to minimize the payout. Avoid admitting fault or providing recorded statements until consulting an attorney.

Seek Legal Advice

An experienced personal injury attorney can:

  • Help you understand how Arizona’s comparative negligence law applies to your case.
  • Minimize your fault percentage by presenting compelling evidence.
  • Advocate for you in negotiations with insurers or in court.

At Saavedra Law Firm, we are skilled in helping clients like you build strong cases to maximize compensation. We’ll work tirelessly to ensure that your rights are protected and that you receive the justice you deserve.

Taking the Next Step Toward Justice

If you’ve been injured in an accident and are partially at fault, don’t lose hope. Arizona’s comparative negligence law provides a pathway for you to obtain the compensation you need to rebuild your life. Understanding your rights, gathering evidence, and partnering with a skilled attorney can make all the difference.

At Saavedra Law Firm, we’re here to support you during this challenging time. Our team is committed to navigating the complexities of Arizona’s personal injury laws and fighting for the compensation you deserve. Contact us today and learn how we can help you secure the best possible outcome for your case.

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