Arizona Constitution and Tort Reform: How it all works in Arizona
Personal Injury Lawyer in Phoenix: In Arizona, your right is absolute.
You or a loved one has been injured in an accident. The injuries are serious. The medical bills are going to be high. The healing is going to take time.
Can you hold the person who caused the accident responsible for the damages? What are your rights as an injured victim in Arizona?
The Arizona Constitution states:
The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation. Article 18 Section 6
Presently, in Arizona, your right to seek a recovery for your damages is safe.
However, will it stay that way? I have heard of this thing called “tort reform". It sounds fair. What is it exactly?
First, a “tort" is a wrong that causes damage. An auto accident. A medical mistake. A defective product. A dangerous premises. In Arizona, if you or a loved one sustains injuries and suffer damages because of another’s fault, your “right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation".
OK, then, what “reform" is being proposed?
“Tort reform" involves some degree of limiting or taking away your “right of action". It may mean placing an arbitrary limit or “cap" on the amount of money you can recover (i.e. No matter how bad the harm you cannot get more then X dollars). It may mean legislation that protects a certain group (i.e. Doctors can no longer be sued if they commit malpractice).
This is “tort reform". It is sold to the public as a means to “stop frivolous lawsuits" or to “stop greedy lawyers", but I promise you, those are just insurance company or big business catchphrases for limiting or taking away your “right of action" guaranteed in the Arizona Constitution.
It may sound like an okay idea, until it happens to you or your family. At that point, you will understand how important your rights are.
First they came for the Socialists, and I did not speak out– Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out– Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out– Because I was not a Jew.
Then they came for me–and there was no one left to speak for me.
Arizona guarantees you a “right of action" if someone causes you harm. Don’t take that lightly, don’t give it away and don’t lose it. When it is gone, I promise you, it will never come back. And when it happens to your family, you will understand the mistake we have made by letting it go.