What is Comparative Negligence in Arizona?
By Craig Knapp on January 16, 2022

People are accidentally injured every day across the United States. This results in many injury claims due to car accidents, slip and falls, workplace injuries, medical malpractice, and more. While few of us expect to suffer a personal injury in our own life, statistically, we are likely to do so.

• The National Center for Health Statistics reports that nearly thirty-one million Americans require medical treatment due to general injuries each year. Two million of these require hospitalization;
• Auto accidents account for approximately three million injuries and 40,000 fatalities per year in the U.S. This makes auto accidents the leading cause of death for people under the age of fifty-five; and
• Medical error is the third leading cause of death in the United States. More than 250,000 people die each year due to medical errors.

Thankfully all fifty states, including Arizona, allow victims the option to recover damages when they are harmed by the negligence of another. Arizona, unlike many other states, uses the legal theory of comparative negligence when determining personal injury awards.

How are Victims Compensated Under Comparative Negligence?

While Arizona permits monetary compensation for injuries that are a consequence of someone else’s negligence, it operates under the law of comparative negligence. This means that the total blame for a victim’s losses may rest with varying degrees on two or more parties, including the victim themselves.

Arizona allows an injured party is allowed to recover damages even if they are found to be 99% at fault for their injuries. The victim’s money damages are reduced by the amount they are liable. However, Arizona denies victims recovery if they intentionally cause or contribute to an injury or death.

Comparative negligence calculates monetary awards by considering the conduct of each negligent party that contributed to the injuries, then apportioning percentages of fault on each party. The court then multiplies the total amount of damages recoverable by the victim by the percentage of each negligent party’s fault to determine how much that party must pay.

The victim’s damages are reduced by any percentage that they have been deemed responsible for their own injuries. For example, if a victim is found 50% negligent for their injuries, the damages they are awarded are reduced by 50% leaving the victim to recover the remaining 50%.

Contact a Personal Injury Attorney for More Information

Compensation in an Arizona personal injury case can be difficult to calculate, especially if you were partially at fault. If you suffered an injury in an accident due to someone else’s negligence, contact the experienced Phoenix medical malpractice attorneys at Knapp & Roberts. We can review your case, answer your questions, and guide you towards the next step in your recovery.

There is no charge for a confidential consultation at Knapp & Roberts. Protect your legal rights. Speak with an attorney before making a statement to the insurance company or signing any insurance company documents.
It is imperative to prove you were not at fault to be fairly compensated for your injuries. Contact us today!