The physical toll is only part of the equation. If you’ve been injured due to someone else’s negligence: emotional trauma; acute pain; and, disruption to your daily life can follow long after the bruises fade. That’s where damages from pain and suffering come into play. Understanding how Arizona law handles these claims is key to receiving maximum compensation you deserve.
At Jeff GOULD Law, the Attorney in YOUR Corner – we bring over 25 years of experience helping Arizonans navigate the complexities of personal injury law. We help you understand your rights, avoid legal pitfalls, and fight for everything you’re owed – not just the pennies that the insurance company wants to offer.
Under Arizona law, let’s break down what “pain and suffering” really means.
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How is “Pain and Suffering” Defined?
Under Arizona law, pain and suffering fall under the category called General (non-economic) Damages – the type of compensation awarded for losses that aren’t easy to assign a dollar value to. There is usually no exact, objective number or a receipt, or a bill. This includes both physical pain and emotional or psychological effects caused by an injury. It is subjective: your pain and suffering are different from someone else’s pain and suffering.
While there’s no set formula to calculate pain and suffering, juries and insurance adjusters typically weigh the severity of the injury (broken bones vs. strain), the length and duration of recovery (6 weeks vs. 6 months vs. 2 years vs. permanent/ongoing), and how it has affected your quality of life (loss of time/services/opportunities).
Types of Pain and Suffering Claims
Even if you are familiar with the term “pain and suffering,” you may not be aware that there are different types of pain and suffering claims. Under Arizona’s pain and suffering laws, there are three primary types of pain and suffering claims: physical pain and suffering, mental pain and suffering, and emotional distress. Here is a further breakdown:
Physical pain and suffering
This is the physical pain and discomfort that a person experiences as a result of an injury. It can include both the initial pain from the accident and any ongoing pain that results from the injury.
Mental pain and suffering
This is the anguish and distress that a person experiences as a result of an injury. Mental pain and suffering can include fear, anxiety, depression, and other mental health issues.
Emotional distress
This is the emotional trauma that a person experiences as a result of an injury. Issues experienced under this category can include nightmares, flashbacks, anxiety, PTSD, and depression.
How Are Pain and Suffering Damages Calculated in Arizona?
Arizona does not use a standardized formula like a multiplier or per diem method, though those tools may be referenced. Instead, pain and suffering are evaluated based on:
- The nature and extent of the injury
- The recovery process and its duration
- Medical evidence and expert testimony
- Impact on day-to-day life, relationships, and work
- Visible injuries or permanent scarring
- Credibility of the injured party and supporting witnesses
That’s why working with an experienced attorney is essential – we help build strong, evidence-based claims that truly reflect what you’ve endured.
Is There a Cap on Pain and Suffering Damages in Arizona?
No. Arizona does not cap non-economic damages like pain and suffering. In fact, the state constitution (Article 2, Section 31) explicitly prohibits limits on damages in personal injury cases. This means you are entitled to recover fair compensation, not a limited amount arbitrarily set by law. If you would like to learn more about Damage Caps in Arizona, you can view our previous article here.
Do I Need to Prove Pain and Suffering?
Yes, but not in the way you prove medical bills or lost wages. You won’t have receipts, but you can use:
- Medical records and doctor statements
- Mental health evaluations
- Photos, journals, or written testimony
- Testimony from friends or family members
- Expert witnesses, such as psychologists or life care planners
At Jeff GOULD Law, we work with you to gather the proper documentation and tell the whole story of how your injury has affected your life, not just your wallet.
Is There a Statute of Limitations?
In the state of Arizona, the Statute of Limitations for filing a personal injury lawsuit is between 180 days and up to two years from the date of the original injury. You may lose your right to recover compensation if you do not file a lawsuit within that time frame.
However, it is important to note that within the Statute of Limitations, certain circumstances can affect or pause the time frame. For example, if you were a minor at the time of your accident, the statute of limitations may be paused until you turn 18.
We’re Here to Help You Recover What You Deserve
After a personal injury, it’s not just about getting back on your feet — it’s about ensuring you’re fully seen, heard, and compensated. Pain and suffering may be harder to quantify, but they’re very real, and it matters.
If you’ve been injured in a car accident, motorcycle collision, bicycle, pedestrian incident, or dog bite, we’re here to help.
Don’t DELAY: Call Jeff GOULD Law, the Attorney in YOUR Corner – TODAY!
DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your situation. Further, this information does not create an attorney-client relationship.