James Penny

About James Penny

James B. Penny has been certified by the State Bar of Arizona as a Specialist in Injury and Wrongful Death.  For more than twenty-one years, he has represented those injured as a result of the negligence or criminal conduct of others, including such cases as:

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Education

• Law School: Loyola - Chicago

Common questions about Personal Injury in Arizona

Answered by Arizona Attorney Search Network

What damages can I recover in an Arizona personal-injury case?

Economic damages cover medical bills (past and future), lost wages, lost earning capacity, and property damage. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages are available in cases involving fraud, malice, or evil mind under ARS § 12-820.04, subject to a clear-and-convincing-evidence standard. Arizona has no statutory cap on most personal-injury damages.

What if I'm injured on government property or by a government employee in Arizona?

Claims against Arizona state, city, or county entities require a written notice of claim within 180 days of the incident under ARS § 12-821.01, with the lawsuit filed within 1 year. The notice must include specific facts and a sum certain demanded. Sovereign immunity has been largely waived for tort claims, but procedural requirements are unforgiving - missing the 180-day notice generally bars the claim entirely.

How is pain and suffering valued in Arizona personal-injury cases?

Arizona has no statutory formula for pain and suffering. Common methods include the multiplier method (medical bills × 1.5 to 5 depending on severity) and the per-diem method (a daily dollar amount × days of impairment). The actual award depends on the severity of injuries, recovery time, permanent impairment or scarring, the credibility of the plaintiff, and - if the case goes to trial - jury composition.

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