Pain and Suffering Damages in Arizona
Pain and suffering is one of the largest components of any personal injury settlement in Arizona. Under pure comparative fault, understanding how these non-economic damages are calculated — and any caps that apply — is essential before accepting any offer.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
$15,000 – $70,000
Avg Settlement
2 years
Statute of Limitations
How P&S Damages Are Calculated in Arizona
Courts and insurance adjusters in Arizona typically use one of two methods to calculate pain and suffering: the multiplier method (multiply your economic damages by 1.5–5× depending on severity) or the per diem method (assign a daily dollar value for each day you suffered).
Because Arizona uses Pure comparative fault, your pain and suffering award is reduced proportionally by your share of fault. Even 80% fault still allows partial recovery.
Factors That Increase P&S Value
Severity & Duration
Permanent injuries, chronic pain, and long recovery periods command higher multipliers.
Impact on Daily Life
Inability to work, loss of hobbies, relationship strain, and depression all support higher awards.
Medical Documentation
Regular doctor visits, therapy records, and specialist notes substantiate your suffering.
Pre-existing Conditions
Arizona courts apply the "eggshell plaintiff" rule — defendants take you as they find you.
Arizona Law Overview
Arizona is a pure comparative fault state, permitting injured plaintiffs to recover compensation no matter their degree of fault. Damages are simply reduced in proportion to the plaintiff's assigned fault percentage. Arizona does not mandate no-fault personal injury protection, so claims flow through traditional at-fault liability channels. The statute of limitations is 2 years under A.R.S. § 12-542. Arizona courts see a high volume of auto accident, slip-and-fall, and construction-related injury cases given the state's rapid population growth. Claims against government agencies require a 180-day notice of claim under A.R.S. § 12-821.01, with a separate 1-year lawsuit deadline. Arizona places no general statutory cap on compensatory damages, though medical malpractice noneconomic damage caps have been challenged and struck down by state courts. Punitive damages require proof by clear and convincing evidence of evil intent or conscious disregard for others.