Arizona Head Injury Laws

Arizona at a glance

Arizona generally allows two years to sue for injuries to the person.[1] Claims against a public entity must be filed within 180 days.[2] Arizona uses pure comparative fault,[3] and its constitution bars laws limiting damages for death or injury.[4] Drivers must carry at least $25,000 per person in bodily injury coverage.[5]

Filing deadlines

A.R.S. § 12-542

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.

Source: [1]

In plain English, most injury lawsuits in Arizona must be filed within two years.[1]

Claims against public entities: A.R.S. § 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.

Source: [2]

Shared fault

A.R.S. § 12-2505

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.

Source: [3]

Under pure comparative fault, an injured person who was partly at fault can still recover, but the award is reduced by their share of fault.

Damage caps

Arizona Constitution, Art. 2, § 31

No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person

Source: [4]

The section contains a narrow exception concerning claims by people harmed while engaged in crimes against a crime victim.[4]

Auto insurance requirements

For policies issued or renewed beginning July 1, 2020, A.R.S. § 28-4009 requires at least “$25,000 because of bodily injury to or death of one person in any one accident,” with higher limits for two or more people and for property damage set out in the same section.[5] Arizona is not one of the no-fault states.[6]

What this page does not cover

This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.

Frequently asked questions

How long do I have to file a head injury lawsuit in Arizona?

In plain English, most injury lawsuits in Arizona must be filed within two years.[1]

This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.

Sources

  1. A.R.S. § 12-542. Arizona Legislature. https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/12/00542.htm
  2. A.R.S. § 12-821.01. Arizona Legislature. https://www.azleg.gov/ars/12/00821-01.htm
  3. A.R.S. § 12-2505. Arizona Legislature. https://www.azleg.gov/ars/12/02505.htm
  4. Arizona Constitution, Art. 2, § 31. Arizona Legislature. https://www.azleg.gov/const/2/31.htm
  5. A.R.S. § 28-4009. Arizona Legislature. https://www.azleg.gov/ars/28/04009.htm
  6. Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance

Sources last checked: October 11, 2026