Yuma, AZ – Many states around the country have passed laws that limit certain types of financial recovery in injury lawsuits. These are known as damage caps among legal professionals. However, Arizona essentially does not have limits on how much the victim can receive due to language in the state’s constitution. This means that the state is a favorable venue for plaintiffs to litigate against any person or business that has caused them to sustain serious losses.
What is a damage cap?
Damages are the legal term for the sum of a person’s losses due to medical treatment, lost wages and income, and other problems caused by the defendant’s actions after an accident. In some lawsuits that involve serious injuries to the plaintiff, their damages and compensation can reach into the hundreds of thousands or millions of dollars.
A damage cap is essentially an upper limit on a specific type of damages or the total award that can be given to plaintiffs in a civil lawsuit. This means that an injured person absolutely cannot receive more than the law allows in certain types of case or for a certain type of damages, regardless of the severity of their injuries. Certain jurisdictions limit damages as a form of protection for certain types of defendants, or a government entity that will have to pay damages with tax dollars.
Arizona’s constitution and damage caps
The state constitution of Arizona is unique in the sense that it forbids any kind of cap on damages in a personal injury case. Article 2 of the constitution says that any law that would limit the amount a person could recover for a lawsuit involving injury or death is illegal. This means that the state’s legislature cannot pass a statute that sets maximum amounts for any kind of damages in wrongful death or civil injury lawsuits.
Punitive damages and cases against the government
Lawsuits against the government do have one limitation in Arizona. When the government of the state of municipality, or other public entity is named as a defendant, there can be no award of punitive damages. Punitive damages are a type of compensation meant to punish a defendant through the civil courts for reckless or malicious behavior. This is not technically a damage cap, but it is the only limitation on damages within the state’s laws and court system.
Personal injury cases in Arizona
Schneider and Onofry are experienced lawyers who help local clients with advice regarding their accident cases. Residents of the Yuma area can get in touch with the firm to learn more about personal injury lawsuits and how to proceed after their collision.
Firm contact info:
207 W. 2nd St., Yuma AZ 85364