Personal Injury FAQs

The Tucson personal injury lawyers of Russo, Russo & Slania, P.C. receive many questions about the practice of personal injury law. Here, we will attempt to answer the questions we see most frequently. If your question is not answered here, please contact us at (520) 529-1515 to speak with an attorney regarding your specific situation.

What are Arizona’s statute of limitations laws?

Statutes of limitations are placed on personal injury cases in order to preserve the integrity of the case, witness testimony, and related evidence. This simply means there is a limit on the amount of time you have after your accident to file your case. In Arizona, personal injury cases have a two-year statute of limitations; the only exception is false imprisonment cases, wherein a plaintiff has 1 year to file suit. In regards to business practice, the statutes of limitations vary according to case type. For example, written contract disputes have a six-year statute of limitations, while collection of debt cases have a three-year limit. For information on the statute of limitations for your case, reach out to our legal team at (520) 529-1515.

Is there another basis for liability in personal injury cases besides negligence?

Yes. Some cases operate under strict liability, meaning a plaintiff does not have to prove that a person, company, or entity was negligent to accrue damages. For example, someone injured in a case involving defective airbags does not need to prove negligence on the part of the dealer or manufacturer to receive compensation. Other strict liability cases may include dog bite injury, dangerous drugs, and abnormally dangerous activities (such as involvement with explosives).

What is the difference between comparative and contributory negligence?

Comparative negligence is a standard by which liability can fall on both parties. While one party may be found a certain percentage responsible for injuries, a plaintiff’s actions may also warrant some liability—this can prevent a plaintiff from recovering full restitution. In contrast, under contributory negligence, if it is proved that the plaintiff’s negligence contributed to the accident to any extent, the plaintiff is barred from accruing any damages from the defendant. Only a handful of states abide by the contributory negligence standard, including Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.

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