Most states cap the amount an injured person can recover for non-economic damages like pain and suffering, especially in medical malpractice cases. Arizona is different. The Arizona Constitution (Article 2, Section 31) expressly states that no law shall be enacted limiting the amount of damages recoverable for causing death or injury.
A Constitutional Protection for the Injured
This is a powerful protection. It means that no matter how severe your injury, a legitimate claim for medical expenses, lost earnings, and pain and suffering is not artificially limited by a statutory ceiling. A catastrophic injury that genuinely costs millions in lifetime care can be valued at its true cost.
Why This Matters in Catastrophic Cases
The ban on caps is most significant in cases involving lifelong harm: spinal cord injuries, traumatic brain injuries, severe burns, and wrongful death. In a capped state, a paralyzed accident victim might see their non-economic damages slashed to a fraction of what a jury awarded. In Arizona, the jury's valuation stands.
This protection also strengthens your negotiating position before trial. Insurers know that an Arizona jury is free to award the full measure of damages, which discourages the lowball offers that caps tend to encourage elsewhere.
Where Limits Still Apply
The constitutional ban covers compensatory damages, the money meant to make you whole. It does not eliminate every limit in the system. Punitive damages, which punish especially reckless conduct, are subject to constitutional due-process review and must bear a reasonable relationship to the actual harm.
Claims against government entities carry their own restrictions and short deadlines, and some federal claims have their own rules. An attorney can explain which, if any, limits apply to your specific situation.
Putting the Protection to Work
A legal protection only helps if your claim is documented well enough to prove the full extent of your losses. That means medical experts, life-care planners, and economists who can establish what a serious injury truly costs over a lifetime. Arizona gives you the right to recover the full amount, building the proof is how you actually collect it.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.