Some states limit personal injury recoveries by capping pain and suffering. This is not the case in Arizona. The State Constitution prohibits damage caps in personal injury lawsuits.
This means that parents will not have limitations on what they can recover on behalf of their child. In fact, Arizona is one of only a handful of states in the entire country that prohibits all limits on personal injury recoveries.
Injured children often appear very sympathetically in front of the jury. The prospect of a sympathetic plaintiff and unlimited damages often force the defendant’s hand when it comes to settlement.