After an auto accident, dog bite, or personal injury, we often find ourselves dealing with personal injury, medical treatment, and emotional trauma while navigating the complex legal landscape to seek compensation and damages for losses caused by the harm/negligence of another. In Arizona, as in other jurisdictions, evaluating damages is critical to personal injury lawsuits.
The process of evaluating damages involves assessing the various types of damages that may be claimed, understanding how damages are calculated, and considering the unique factors that influence compensation in the Arizona legal system.
The entire process, from start to finish, can be complicated and confusing and may feel like an uphill battle. That is why it is highly recommended that you seek the services of a professional Arizona personal injury attorney, such as Jeff GOULD, the Attorney In YOUR Corner, to get the best outcome for your personal injury case.
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Types of Damages in Arizona Personal Injury Cases
Damages in personal injury cases generally fall into two categories: economic-based damages and non-economic-based damages.
1. Economic Damages or “Special Damages”
Economic damages are tangible, measurable, and specific amounts that directly impact financials. It is usually a receipt, invoice, or bill for things including but not limited to medical expenses, lost wages due to time missed from work, property damage, and other out-of-pocket costs. These are amounts that are objective or “special,” meaning they are specific damages and have a calculated and measurable dollar amount or total.
In Arizona, plaintiffs can seek compensation for past and future medical bills, rehabilitation expenses, lost income, property damage, and other quantifiable financial losses resulting from the injury in question.
2. Non-Financial Damages or “General Damages”
Non-financial economic damages are subjective, more generalized, and differ in amounts from person to person. They are not directly measurable by exact dollar amounts and are meant to compensate for intangible losses such as pain, suffering, emotional distress, and a decreased quality of life. Each person’s General Damages are different.
Arizona does not cap non-economic damages in most personal injury cases, allowing for a more individualized assessment of the impact of the injury on the plaintiff’s life. Each case is unique, and you must consult an experienced injury attorney to ensure adequate compensation.
Calculating Economic Damages
Evaluating financial damages when looking at personal injury cases involves lots of documentation with meticulous accounting of financial losses directly related to the injury. Medical expenses are a significant component of financial damages. It is crucial to keep track of costs for hospitalizations, surgeries, medications, rehabilitation, and any other necessary medical treatments.
Plaintiffs are entitled to compensation for past medical expenses and anticipated future medical costs, which may require expert testimony and injury legal counsel.
Lost wages are additional economic damages that may be overlooked but should always be considered, calculated, and verified in writing. If the injury prevents you from working, is eating up your accrued sick/vacation time, or results in a reduced ability to earn income, those losses should be factored into the damages calculation. Documented evidence such as pay stubs, tax documents, and expert opinions may be used to support these claims.
Property damage is relevant in cases involving motor vehicle accidents or other incidents where personal property is affected. The costs of repairing and/or replacing damaged property should be included in economic damages. As you can tell, evaluating personal injury financial damages can be complex. With so many factors to consider, hiring a professional Arizona injury attorney is highly recommended to help you navigate this complicated legal landscape.
Calculating Non-Economic Damages
Non-economic damages are less tangible and require a more subjective evaluation. Pain, suffering, and emotional distress are common examples of non-financial damages. Attorneys may use various methods, including the multiplier or per diem, to assign a monetary value to the intangible sufferings resulting from personal injuries.
Emotional distress is a huge factor that can arise from the psychological impact of an injury. This may include anxiety, depression, fear, or other emotional conditions caused by the incident.
Unique Considerations in Arizona
Arizona has unique considerations when evaluating personal injury damages. One notable aspect is the state’s adherence to the doctrine of comparative negligence. In cases where the victim is found to share some fault in the incident, their recoverable damages may be reduced proportionately to their percentage of fault. This system emphasizes a fair allocation of responsibility between the parties involved.
Additionally, Arizona does not impose statutory caps on most personal injury damages. Unlike some states that limit the amount a plaintiff can receive for pain and suffering, Arizona allows for a more flexible and individualized assessment of these damages.
Again, these calculations and determinations can be overwhelming, especially when you are already dealing with the aftermath of a personal injury. Contacting an experienced attorney who has your best interest in mind is always the best course of action with any legal issue.
Evaluating Personal Injury Damages
Evaluating damages in Arizona personal injury lawsuits is a multifaceted process involving a meticulous review of economic and non-economic losses. Understanding the types of compensation available, calculating the extent of financial losses, and navigating the legal landscape of Arizona is crucial for fair compensation for the injured party.
While economic damages involve tangible financial losses, non-economic damages require a more nuanced understanding. Pain, suffering, emotional distress, and other intangibles are subject to subjective evaluation.
In the pursuit of justice and fair and adequate compensation, individuals and their legal representatives must be well-versed in the nuances of damage evaluation, allowing them to build a solid case that accurately reflects the full scope of losses suffered due to negligence or intentional actions of the other party.
Evaluating personal injury damages in Arizona requires the expert advice of an experienced attorney such as Jeff Gould. Jeff Gould is an Arizona personal injury law expert and will stop at nothing to protect your rights and maximize compensation for damages.
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.