The costs of a violent attack do not stop when the hospital discharges you. There are follow-up surgeries, physical therapy, counseling, missed shifts, and sometimes a career that has to change direction entirely. For families who lose someone, the losses are harder still to put into words.
When a property owner's failure to provide reasonable security helped make an attack possible, Arizona law allows victims and families to seek compensation from that owner. And unlike many states, Arizona does not let the legislature put a ceiling on what a jury can award.
Arizona's constitutional bar on damage caps
Article 2, Section 31 of the Arizona Constitution prohibits laws that limit the damages recoverable for personal injury or death. In practical terms, there is no statutory cap on compensatory damages in an Arizona negligent-security case. A jury that hears the evidence decides what the harm is worth.
That protection matters most in the cases with the greatest harm: a gunshot that leaves someone paralyzed, a stabbing that causes permanent organ damage, or an attack that ends a life.
What an injured victim can pursue
Every case is different, but compensatory damages in a personal injury claim commonly address:
- Emergency care, surgery, hospitalization, and rehabilitation
- Future medical treatment and long-term care needs
- Wages already lost and earning capacity lost going forward
- Physical pain and the emotional toll of the attack
- Reduced ability to enjoy daily life
These losses are documented through medical records, expert testimony, employment history, and the victim's own account of how life has changed.
Building the proof of your losses
A strong damages case is assembled piece by piece, and victims can help from the start. Keep every bill, explanation of benefits, and pharmacy receipt. Save pay stubs from before the attack and records of the shifts you missed afterward. Note the mileage to medical appointments. Many people also find it useful to keep a short journal of pain levels, sleep, nightmares, and the activities they can no longer do.
Those details may feel small, but they turn general claims of harm into evidence a jury can measure. Doctors, vocational experts, and economists then build on that record to project future costs, such as additional surgeries, ongoing therapy, or reduced earning power over a working lifetime.
What families can pursue after a death
When someone is killed in a preventable attack, Arizona allows a wrongful-death claim. The family can recover funeral costs and the loss of the person's support and companionship. Support covers the financial contribution the person would have made to the household. Companionship covers what money cannot replace: guidance, love, and presence.
Families should know the timing rule as well: the wrongful-death filing deadline is generally two years, measured from the day the loved one passed away.
What has to be proven first
Compensation depends on liability. In Arizona, a property owner that controls its premises owes a duty to protect people from foreseeable third-party crime. Under Martinez v. Woodmar, foreseeability sets how much security the owner had to provide, and whether its efforts were reasonable is usually for the jury.
The claim is brought against the owner for its own security failures. It does not depend on the outcome of any criminal case against the attacker.
How fault affects the final number
Arizona's pure comparative fault rule can reduce an award by the victim's share of responsibility, if a jury finds any. It does not bar recovery, except where a plaintiff intentionally caused the harm. So even if the owner argues you share some blame, the damages you prove still count.
Time limits on injury claims
A surviving victim generally has two years from the date of the incident to file. Because surveillance footage and other records can be lost quickly, waiting tends to weaken the damages case as well as the liability case.
A record of large results
The Haggard Law Firm has handled nearly 500 negligent-security cases nationwide. It secured a $102.7 million verdict, the largest negligent-security verdict in U.S. history. Those figures reflect specific cases with their own facts, and they do not predict what any one case will bring.
The firm is based in Coral Gables, Florida. Michael A. Haggard is licensed in Florida and does not hold an Arizona license. Crime-victim litigation is the firm's core work, and the national standing it has built in that area means he regularly works alongside Arizona-licensed lawyers as co-counsel there, seeking pro hac vice admission case by case where the court allows. Each Arizona case is pursued jointly with Arizona counsel.
No cost to find out
The firm represents clients on contingency. You pay nothing up front, and there are no attorney's fees unless compensation is recovered. To learn what your case may involve, call (305) 446-5700 for a free and confidential review.
Attorney advertising. Nothing here is legal advice, and no attorney-client relationship arises from reading this post or reaching out. Michael A. Haggard is licensed to practice in Florida. Earlier outcomes do not guarantee similar results.
