What This Statute Says
Punitive damages punish defendants for outrageous conduct, going beyond the compensation the plaintiff actually lost. Arizona keeps that remedy off the table for one category of plaintiff.
A person who is present in this state in violation of federal immigration law related to improper entry by an alien shall not be awarded punitive damages in any action in any court in this state.
A.R.S. § 12-512The statute targets only punitive damages. Compensatory damages for medical bills, lost income, pain and suffering, and wrongful death remain available under the ordinary tort rules.
When This Statute Comes Into Play
The bar usually surfaces in two settings tied to families and estates:
- A serious injury claim where the plaintiff's immigration status becomes part of pretrial briefing on damages.
- A wrongful death action where the personal representative seeks both compensatory and punitive damages for the death of a person who was in Arizona without lawful entry status.
In a wrongful death claim, the personal representative brings the action on behalf of statutory beneficiaries. If the decedent fell within the statute's description, the punitive damages portion of the claim disappears, but the compensatory portion survives.
What This Means for Arizona Families
This statute is narrow but it can quietly reshape the value of a personal injury or wrongful death case tied to an Arizona estate. Families who lose a loved one to negligent or reckless conduct often look to punitive damages when the wrongdoing is severe. Section 12-512 forecloses that piece of the recovery when the decedent fell within the federal improper entry rules.
If you are weighing a civil claim that may intersect with this statute, an Arizona personal injury attorney working with a probate attorney can map out what is recoverable and what is not. The compensatory side of the case, including funeral expenses, lost financial support, and loss of companionship, is unaffected. Our FAQ on probate timelines in Arizona covers how a wrongful death recovery flows through the estate.