In Arizona, there are limits that must be observed by patients who are interested in filing claims for medical malpractice against defendants such as healthcare facilities or professionals. In most cases, the statute of limitations is two years in medical negligence or malpractice cases, which begins from when the death or injury occurred to the claimant.
Right of Contribution
The right of contribution is a legal procedure that applies only in cases where the tortfeasors are severally or jointly liable. Such tortfeasers may have a contribution once they have either paid in excess of their particular share of damages or they have made a motion to discharge the common amount of liability.
If a joint settlement has been entered, then the other claimant will no longer be privy to reception of any contributions put forth by joint tortfeasors who already have liabilities that still had not been liquidated through an agreed upon settlement.
The basics of tort law in the state of Arizona are as follows. The statute of limitations, as discussed above, extends no farther than two years from when the original injury occurred. In contrast to the majority of states with special tort laws related to medical malpractice and negligence, Arizona does not define any limits to the amounts toward which claimants can receive from defendants.
Joint defendant liability in Arizona means proportionate liability exists for defendants. There are no stipulations for an expert witness, and there are no limits to the fees an attorney may collect in a successful suit against a facility or healthcare professional.
However, the majority of attorneys representing these types of claims work on a contingency fee basis in which a contract between client and attorney is drawn detailing the percentage of damages the attorney is working for should a settlement or court appointed damages be awarded to the plaintiff.
Arizona - News Articles
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