What different types of damages does the law that covers personal injuries cover?
If you receive a personal injury due to an auto accident, motorcycle accident, or other types of accident, you can seek compensation for past and future medical expenses.
In addition, under Arizona law, you may also seek compensation for lost wages, physical and mental anguish, and pain and suffering through this type of legal action.
You can file claims for personal injury in Arizona for injuries caused by recklessness or malice on the defendant’s part.
Accidents involving motor vehicles, shoddy craftsmanship, hazardous working conditions, negligent medical care, and other occurrences can give rise to legal action and result in compensation claims.
The amount of compensation awarded is contingent upon a number of factors, including the severity of the plaintiff’s injuries, the degree to which the defendant was at fault, and the extent of the plaintiff’s disability.
To win a personal injury lawsuit, you will need to demonstrate that the other party was negligent or otherwise responsible for your injuries. This requires providing evidence that they behaved inappropriately and that this behavior had a detrimental effect on you.
Punitive damages, pain and suffering damages, non-economic losses, and economic losses are all recognized by Arizona law as valid forms of compensation for legal wrongdoing.
Economic damages include medical bills, lost wages, and other related expenses to treating your injuries. Meanwhile, mental suffering, emotional distress, and physical and mental anguish are in the scope of non-economic damages.
On the other hand, defendants who violate the rights of others intentionally or maliciously may be awarded punitive damages by the court. They are designed to reprimand unacceptable behavior and discourage it from occurring in the future.
Economic Damages
The amount of compensatory damages awarded by a jury will depend on many factors, including the severity of the injury, whether the plaintiff was at fault, and what the defendant did wrong.
A judge has the power to reduce the number of compensatory damages if he or she thinks they are too high.
1) Recovery of medical expenses
Medical costs are the price of treating the wounds received. Therefore, it is crucial that you receive compensation for any such costs you incur as a result of an accident.
Up to 19% of Arizonans claim they have trouble paying any sizable medical bills that come their way.
An accomplished personal injury attorney will always ensure that you receive payment for your suffering and all reasonable accident-related medical costs.
2) Loss of earnings
“Loss of earnings” takes into account the income you would have made between the time you were hurt and the time you were able to return to work.
It also includes any permanent loss of wages, business, or employment. Again, this is because your injuries have rendered you unable to work.
Based on your prior work experience and your current level of expertise, your attorney will need to perform a calculation to determine how much monetary loss you might incur in this way in the future.
3. Other Economic Damages
Other economic damages include property damage, car repairs, and replacement services.
All parties, including corporations and other organizations, such as utility companies, are responsible for any damage to your home, car, or other property which may result from another party’s negligence or malicious actions.
Noneconomic Damages
Of course, the effects of an accident go far beyond the financial, which is also reflected in Arizona state law.
Types of non-economic damages recognized for damage awards by the Arizona court system include:
1) Pain and suffering
Pain and suffering refer to the physical and emotional distress suffered by victims of negligence. It includes all the negative effects of being physically harmed.
2) Physical pain
The term “pain and suffering” most commonly refers to the experience of physical pain and distress. In cases involving personal injuries, they are typically considered the most severe damage that can be awarded to the plaintiff.
3) Emotional distress
Emotional distress includes anxiety, depression, humiliation, embarrassment, fear, worry, anger, frustration, disappointment, guilt, remorse, and similar emotions.
These types of emotional trauma are typically awarded in cases involving wrongful death, sexual harassment, discrimination, and defamation. Still, they can also be caused by the effects of a personal injury or other similar events.
4) Mental anguish
Mental anguish refers to the stress, grief, and sorrow caused by the injuries sustained. This damage is generally awarded in serious accidents, such as car crashes, plane crashes, train wrecks, and drownings.
5) Loss of enjoyment of life
Loss of enjoyment of life involves the inability to enjoy things that one used to appreciate because of the injuries, i.e., loss of quality of life. For example, someone who loses his or her arm might no longer be able to play sports.
6) Permanent disfigurement
Permanent disfigurement occurs when an accident victim’s appearance is permanently altered due to the accident.
If the disfigurement is obvious, it is usually easy to prove. However, it may be difficult to prove if the disfigurement is subtle.
In either case, the person who has been injured may be entitled to compensation for permanent disfigurement..
7) Loss of consortium
Loss of consortium is an all-encompassing concept that refers to various aspects of the bonds that exist within families.
A claim for loss of consortium is typically filed by a person who shares close ties with the injured person, such as a spouse, partner, parent, child, sibling, grandparent, grandchild, or other relative or friend of the injured party.
8) Disability
Permanent disability refers to the long-term effects of the injuries sustained.
For example, a person who suffers from a broken leg could suffer chronic pain and require surgery to repair it. As a result, he or she might never walk normally again.
Though medical insurance companies in Arizona may well cover part of the necessary treatment, it is also usually up to the person who caused the accident to foot the bills caused by serious physical injuries in the future.
9) Death
Death is the ultimate loss resulting from an accident. For example, family members lose their loved one, and friends lose a close friend.
There are also intangible losses associated with death, including the loss of companionship, society, comfort, protection, care, and support.
In addition to these considerations, your family may be concerned about a loss of income or unexpected funeral costs. If the defendant is proven to be at fault in such a case, the defendant will likely have to pay some of those costs.
Punitive Damages
You might be eligible to receive punitive damages if you were hurt due to someone else’s negligence.
To prove malice, you must demonstrate that the defendant intentionally put another person at serious risk of harm or that they did so with the intent to cause harm.
Reckless behavior is intentional or knowing behavior that puts another person at an unreasonable risk of harm while disregarding the effects of one’s actions.
Punitive damages are also available when a defendant commits a tortious act without legal justification or excuse. For example, if a driver negligently causes an accident but claims that the victim ran into the car, the driver could be liable for punitive damages.
In most cases, punitive damages cannot exceed twice the amount of actual damages. However, in some cases, the court may award up to three times the amount of actual damages if it finds that the defendant acted willfully, wantonly, or maliciously.
This section discusses how punitive damages are calculated and what factors must be considered in determining whether such damages are appropriate.
1) The nature and extent of the wrongdoing
A jury should consider the seriousness of the offense committed by the defendant. Punitive damages are designed to punish the defendant and deter him or her from committing future acts like this. Therefore, the more serious the act, the greater the punishment should be.
Jurors also consider the cost of bringing a lawsuit and the expense of defending against it.
2) The financial resources of the defendant
If the defendant is wealthy, the jury should take this fact into account when deciding whether to impose punitive damages. Wealthy people usually have insurance coverage for their mistakes. They will therefore pay less than they otherwise might if they are required to compensate plaintiffs for their losses.
3) All prior awards against this same defendant
When considering whether to award punitive damages, jurors should compare the defendant’s conduct with similar behavior in the past. If the defendant has already been punished for similar conduct, then he or she should receive less punishment for this particular incident.
4) The deterrent effect of punishment
Punitive damages are awarded to punish the wrongdoer and deter others from similar behavior. The amount of punitive damages must bear a reasonable relationship to the harm caused by the defendant’s conduct.
5) The potential impact on the parties, witnesses, and community
When awarding punitive damages, juries also consider the impact of these awards on society as a whole. Juries can use statistics about the frequency of accidents involving drunk drivers to help them decide whether to award punitive damages.
Summing Up
Accidents can be traumatic experiences that can throw one’s personal life and ability to make a living off the rails for an extended period.
You may also be entitled to recover money for pain and suffering damages. These damages are intended to compensate you for the emotional distress you suffered because of your injuries.
To recover these damages, you must prove that the defendant was negligent and that his negligence caused you to suffer physical and mental anguish.
You must keep in mind that you are not the only person going through this difficult time. According to the laws of the state of Arizona, you are eligible to receive compensation for your injuries and any financial losses.
Hiring a knowledgeable and experienced personal injury attorney who understands how to handle personal injury claims is the most effective way to increase the likelihood that you will be compensated fairly for your injuries. Contact us today!
