Brain injury cases in Arizona: the rules and the lawyers

Sources

Where the legal facts on this page come from

1. Ariz. Rev. Stat. § 12-542“Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions: 1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561. 2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.”Arizona Legislature (azleg.gov) · read 7 Nov 2026Read the source: Ariz. Rev. Stat. § 12-542
2. Ariz. Rev. Stat. § 12-2505“A. The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault which is a proximate cause of the injury or death, if any. There is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death.”Arizona Legislature (azleg.gov) · read 7 Nov 2026Read the source: Ariz. Rev. Stat. § 12-2505
3. Ariz. Rev. Stat. § 12-551“A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the product was first sold for use or consumption, unless the cause of action is based upon the negligence of the manufacturer or seller or a breach of an express warranty provided by the manufacturer or seller.”Arizona Legislature (azleg.gov) · read 7 Nov 2026Read the source: Ariz. Rev. Stat. § 12-551
4. Ariz. Rev. Stat. § 12-820“7. "Public entity" includes this state and any political subdivision of this state.”Arizona Legislature (azleg.gov) · read 7 Nov 2026Read the source: Ariz. Rev. Stat. § 12-820
5. Ariz. Rev. Stat. § 12-821.01“A. Persons who have claims against a public entity, public school or a public employee shall file claims with the person or persons authorized to accept service for the public entity, public school or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity, public school or public employee to understand the basis on which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon. B. For the purposes of this section, a cause of action accrues when the damaged party realizes he or she has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition that caused or contributed to the damage. C. Notwithstanding subsection A, any claim that must be submitted to a binding or nonbinding dispute resolution process or an administrative claims process or review process pursuant to a statute, ordinance, resolution, administrative or governmental rule or regulation, or contractual term shall not accrue for the purposes of this section until all such procedures, processes or remedies have been exhausted. … D. Notwithstanding subsection A, a minor or an insane or incompetent person may file a claim within one hundred eighty days after the disability ceases. E. A claim against a public entity or public employee filed pursuant to this section is deemed denied sixty days after the filing of the claim unless the claimant is advised of the denial in writing before the expiration of sixty days.”Arizona Legislature (azleg.gov) · read 7 Nov 2026Read the source: Ariz. Rev. Stat. § 12-821.01
6. Ariz. Rev. Stat. § 12-821“All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.”Arizona Legislature (azleg.gov) · read 7 Nov 2026Read the source: Ariz. Rev. Stat. § 12-821
7. Ariz. Rev. Stat. § 12-2506“A. In an action for personal injury, property damage or wrongful death, the liability of each defendant for damages is several only and is not joint, except as otherwise provided in this section. Each defendant is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be entered against the defendant for that amount.”Arizona Legislature (azleg.gov) · read 7 Nov 2026Read the source: Ariz. Rev. Stat. § 12-2506
8. Ariz. Rev. Stat. § 12-502“If a person entitled to bring an action other than those set forth in article 2 of this chapter is at the time the cause of action accrues either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for commencement of the action. Such person shall have the same time after removal of the disability which is allowed to others.”Arizona Legislature (azleg.gov) · read 7 Nov 2026Read the source: Ariz. Rev. Stat. § 12-502
9. Ariz. Rev. Stat. § 28-4009“A. An owner's motor vehicle liability policy shall comply with the following: … 2. The policy shall insure the person named in the policy as the insured and any other person, as insured, using the motor vehicle or motor vehicles with the express or implied permission of the named insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of the motor vehicle or motor vehicles within the United States or the Dominion of Canada, subject to limits exclusive of interest and costs, for each motor vehicle as follows: … (b) For a policy that is issued or renewed beginning on July 1, 2020, except for a policy that is issued to a person that has a valid certificate of self-insurance or partial self-insurance pursuant to section 28-4007: (i) $25,000 because of bodily injury to or death of one person in any one accident. (ii) Subject to the limit for one person, $50,000 because of bodily injury to or death of two or more persons in any one accident. (iii) $15,000 because of injury to or destruction of property of others in any one accident.”Arizona Legislature (azleg.gov) · read 8 Nov 2026Read the source: Ariz. Rev. Stat. § 28-4009
10. Ariz. Rev. Stat. § 28-4135“A. A motor vehicle that is operated on a highway in this state shall be covered by one of the following: 1. A motor vehicle or automobile liability policy that provides limits not less than those prescribed in section 28-4009. 2. An alternate method of coverage as provided in section 28-4076. 3. A certificate of self-insurance as prescribed in section 28-4007. 4. A policy that satisfies the financial responsibility requirements prescribed in article 2 of this chapter.”Arizona Legislature (azleg.gov) · read 8 Nov 2026Read the source: Ariz. Rev. Stat. § 28-4135
11. Ariz. Rev. Stat. § 20-259.01“A. Every insurer writing automobile liability or motor vehicle liability policies shall make available to the named insured thereunder and by written notice offer the named insured and at the request of the named insured shall include within the policy uninsured motorist coverage that extends to and covers all persons insured under the policy, in limits not less than the liability limits for bodily injury or death contained within the policy. The offer of limits to a named insured or applicant shall be made on a form approved by the director. … The policy declarations page must be sent to the named insured, constitutes the final expression of the named insured's decision to purchase or reject uninsured motorist coverage and is valid for, extends to and covers all persons insured under the policy. … B. Every insurer writing automobile liability or motor vehicle liability policies shall also make available to the named insured thereunder and shall by written notice offer the named insured and at the request of the named insured shall include within the policy underinsured motorist coverage that extends to and covers all persons insured under the policy, in limits not less than the liability limits for bodily injury or death contained within the policy. … The policy declarations page must be sent to the named insured, constitutes the final expression of the named insured's decision to purchase or reject underinsured motorist coverage and is valid for, extends to and covers all persons insured under the policy. … E. "Uninsured motorist coverage", subject to the terms and conditions of that coverage, means coverage for damages due to bodily injury or death if the motor vehicle that caused the bodily injury or death is not insured by a motor vehicle liability policy that contains at least the limits prescribed in section 28-4009. … G. "Underinsured motorist coverage" includes coverage for a person if the sum of the limits of liability under all bodily injury or death liability bonds and liability insurance policies applicable at the time of the accident is less than the total damages for bodily injury or death resulting from the accident. To the extent that the total damages exceed the total applicable liability limits, the underinsured motorist coverage provided in subsection B of this section is applicable to the difference. … M. If an insured makes a bodily injury or death claim under uninsured or underinsured motorist coverage based on an accident that involved an unidentified motor vehicle and no physical contact with the motor vehicle occurred, the insured shall provide corroboration that the unidentified motor vehicle caused the accident. For the purposes of this subsection, "corroboration" means any additional and confirming testimony, fact or evidence that strengthens and adds weight or credibility to the insured's representation of the accident.”Arizona Legislature (azleg.gov) · read 8 Nov 2026Read the source: Ariz. Rev. Stat. § 20-259.01
12. Ariz. Rev. Stat. § 28-661“A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person shall: 1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene. 2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663.”Arizona Legislature (azleg.gov) · read 8 Nov 2026Read the source: Ariz. Rev. Stat. § 28-661
13. Ariz. Rev. Stat. § 28-663“A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall: 1. Give the driver's name and address and the registration number of the vehicle the driver is driving. 2. On request, exhibit the person's driver license to the person struck or the driver or occupants of or person attending a vehicle collided with. 3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.”Arizona Legislature (azleg.gov) · read 8 Nov 2026Read the source: Ariz. Rev. Stat. § 28-663
14. Ariz. Rev. Stat. § 28-666“A. The driver of a vehicle involved in an accident resulting in injury to or death of a person shall give notice of the accident immediately by the quickest means of communication, whether oral or written, to either: 1. The local police department if the accident occurs within a municipality. 2. The office of the county sheriff. 3. The nearest office of the highway patrol.”Arizona Legislature (azleg.gov) · read 8 Nov 2026Read the source: Ariz. Rev. Stat. § 28-666
15. Ariz. Rev. Stat. § 12-561“2. "Medical malpractice action" or "cause of action for medical malpractice" means an action for injury or death against a licensed health care provider based upon such provider's alleged negligence, misconduct, errors or omissions, or breach of contract in the rendering of health care, medical services, nursing services or other health-related services or for the rendering of such health care, medical services, nursing services or other health-related services, without express or implied consent …”Arizona Legislature (azleg.gov) · read 7 Nov 2026Read the source: Ariz. Rev. Stat. § 12-561

This is general information, not legal advice.