Is Arizona a Comparative Negligence State?
Personal injury cases are often centered around proving negligence. In many accidents, injuries are caused by the negligent actions of another party. If you’ve been involved in an accident due to the negligence of someone else, you may be able to obtain compensation through a personal injury lawsuit.
However, this forces us to ask the question, ‘is Arizona a comparative negligence state?’ It’s essential to understand Arizona’s comparative negligence laws before taking on a personal injury lawsuit with your attorney.
At The Law Office of Zayed Al-Sayyed, we see the life-altering impact that accidents can have on individuals and their families every day. Today, our Phoenix personal injury lawyers are breaking down comparative negligence in Arizona.
What is Comparative Negligence?
In the most simple of terms, comparative negligence is a rule that involves allocating damages when both parties are somewhat at fault in an incident. Let’s say you have been involved in a car accident where someone else is found to be at fault.
You have been awarded $50,000 in compensation. However, if you were found to be partially at fault –10% at fault, let’s say– then you would only receive $45,000 in compensation. The rule of comparative negligence says that even if you are partially at fault, you can still be awarded compensation.
Keep in mind that the total amount of compensation you would be able to receive in this case is dependent on how much fault you are found to be at. In order to successfully prove that the other party was negligent, your attorney will need to prove the following:
- The other party owed you a duty of care.
- The aforementioned duty of care was breached in a provable way.
- Actions of the other party caused injury or damages to you.
- The negligent actions of the other party caused you to sustain some type of loss, such as medical bills or pain and suffering.
Comparative Negligence in Arizona
Every state has different laws surrounding comparative negligence. In Arizona, we follow the doctrine of comparative negligence, which dictates that an injured party may recover compensation even if they maintain partial fault for the accident.
Under Arizona law, the injured party can be up to 99% at fault for the incident and still recover compensation. This is dependent on a variety of factors and the outcome is unique to each specific case, so it’s important to work closely with a skilled attorney who can help you achieve the most favorable outcome for your case.
Top-Rated Personal Injury Lawyers in Phoenix, AZ
If you or a loved one have recently been in an accident and are considering a personal injury lawsuit, it’s important to reach out to an experienced personal injury attorney. When you work with the top-rated attorneys at The Law Office of Zayed Al-Sayyed, you are guaranteed the Aggressive Compassionate Representation we are known for.
We will aggressively pursue the best possible outcome for your case while treating you and your loved ones with the utmost respect and compassion. Contact us today to set up a free consultation with one of our top-rated Phoenix car accident attorneys.