A. During trial of any action brought for damages for personal injuries or for wrongful death or for damage or destruction of property, evidence of an advance payment made by a defendant or any person acting on behalf of a defendant to or for the benefit of any person having or asserting a claim for such damages against such defendant, arising from the same event or occurrence out of which the claim, which is the subject of such action arose, shall not be received in evidence.

Terms Used In Arizona Laws 12-2302

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Advance payment: means any money or other thing of value voluntarily paid or provided before trial, as compensation or reimbursement for damages, to or for the benefit of any person having or asserting a claim for damages for personal injuries or for wrongful death or for damage or destruction of property against the person by whom or on whose behalf such payment is made. See Arizona Laws 12-2301
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: means any party defending against a claim asserted against him by another party to an action. See Arizona Laws 12-2301
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Plaintiff: means any party asserting a claim for damages against another party to an action. See Arizona Laws 12-2301
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

B. If judgment is entered against a defendant by whom or on whose behalf an advance payment has been made and in favor of a plaintiff to whom or for whose benefit an advance payment has been made, such defendant shall be entitled to a reduction of the amount of damages awarded to such plaintiff equal to the amount or value of such advance payments as may be found by the court to have been made. However, in no event shall a person who has made such advance payments be entitled to reimbursement for amount paid in excess of the damages awarded to such plaintiff or in the event such plaintiff fails to recover judgment in his favor.

C. An advance payment shall not operate to toll or extend the period of limitation otherwise applicable to any such action.

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