An accident or personal injury can cause physical, financial, and emotional harm and damages. Arizona tort laws provide a legal cause of action for injured victims to seek compensation for damages. The party responsible for the injury can be held financially liable for their actions.
Each Phoenix personal injury case is different. Therefore, the amount of money you receive for your claim depends on the circumstances and facts in your case. However, our Phoenix personal injury lawyers can help you understand the types of damages you could receive and the factors that impact how much your Phoenix personal injury case is worth.
Economic Damages in a Phoenix Personal Injury Case
When another party causes you to be injured, you sustain financial losses because of the injury. These financial losses are called economic damages.
Common economic damages in a personal injury case include:
You can demand reimbursement for all reasonable expenses related to your medical care and recovery. Examples of medical expenses included in a personal injury claim are:
- Bills from doctors, surgeons, anesthesiologists, hospitals, urgent care, ambulance service, and other medical providers
- Rehabilitative care, including physical and occupational therapy
- Counseling and mental health therapy
- The cost of in-home and long-term nursing care
- Medications, medical equipment, and medical supplies
Keep copies of all invoices and bills from health care and medical providers. You can claim the total amount charged for the services, not just the negotiated discount your health insurance company paid.
Lost Income and Benefits
You might be out of work for weeks or months after a personal injury or accident. You can demand reimbursement for all loss of income, including:
- Wages and salaries
- Employer benefits, including sick leave, vacation time, and paid time off
- Self-employment income
- Part-time income
If you sustain a permanent impairment, you might also be entitled to damages based on future lost wages or diminished earning capacity.
This category of economic damages is a catchall for the other expenses you incur during your recovery. Out-of-pocket expenses can include the cost of personal care and help with household chores. You can also include travel costs and mileage to and from medical appointments.
Keep detailed records of all expenses related to your personal injury. You must have proof of the expense and your payment.
Non-Economic Damages in a Phoenix Personal Injury Case
An accident or personal injury can also cause intangible damages. These damages are called non-economic damages. They represent the pain and suffering you experience.
Non-economic damages in a personal injury case could include:
- Emotional distress, including mental health conditions such as PTSD, depression, and anxiety
- Physical pain, discomfort, and agony
- Disfigurement and scarring
- Mental anguish and trauma
- Loss of enjoyment of life
- Permanent impairments and disabilities
- A decrease in your quality of life
It is challenging to put a price on someone’s pain and suffering. Arizona does not have a standard formula for calculating pain and suffering damages for a personal injury case. However, insurance companies, juries, and personal injury lawyers commonly use the multiplier method to determine the value of non-economic damages.
A figure between 1.5 and five is chosen based on the facts of the case. Typically, cases involving catastrophic injuries, permanent impairments, and lengthy recoveries receive a higher value.
The number is multiplied by the total of economic damages. The result is the value of your non-economic damages.
Punitive Damages in a Phoenix Personal Injury Case
Punitive damages are only awarded in a small number of personal injury cases. The damages are non-compensatory, meaning they do not compensate the injured party for damages.
Instead, juries award punitive damages as a punishment for a party’s conduct. However, the money is paid to the injured party.
Typically, the court must find that a party acted with an “evil mind” to award punitive damages. Acting with an “evil mind” is difficult to define. You must prove that the person understood their actions could cause you harm but continued to act with that knowledge.
Our Phoenix personal injury lawyers evaluate every case to determine if the facts justify an award of punitive damages.
Factors That Impact How Much Your Phoenix Personal Injury Claim Is Worth
Numerous factors affect how much your personal injury case is worth. Some factors increase the value of damages, while other factors can decrease how much you receive for your claim.
Factors that impact the value of damages for a personal injury claim include, but are not limited to:
- The type of injuries you sustain
- The severity of your injuries, including whether you sustain a permanent impairment or disabling condition
- The duration of your recovery and the treatments you went through
- Whether you can return to work
- The impact the injuries had on your daily activities and relationships with family, friends, and other people
- The strength of your evidence proving causation and fault
- Your appearance before and after the accident
- Whether you could be partially to blame for causing your injury
- The parties involved in the personal injury case
- The availability and policy limits of liability insurance
Our Phoenix personal injury attorneys carefully analyze each factor that impacts how much money you could receive for your personal injury claim. We work to minimize factors that could reduce your settlement amount while highlighting the factors that increase the value of damages.
How Does Being Partially To Blame for Causing an Accident Impact How Much My Case Is Worth in Arizona?
In a few states, being partially to blame for causing an accident can bar you from recovering any money for your damages. Fortunately, that is not the case in Arizona. The state currently has a pure comparative negligence standard for personal injury cases.
In Phoenix, Arizona, being partially at fault does not bar you from recovering compensation for damages. However, it can impact how much money you receive for your personal injury case.
If a jury determines that your conduct contributed to the cause of your injuries, it determines your percentage of the blame for causing the accident. The court reduces your award by your percentage of fault.
For example, suppose a jury awards you $450,000 for a car accident claim. However, the jurors decided you were 10% to blame for causing the car crash. In that case, your award would be reduced by $45,000 (10% of the total award for damages).
Insurance companies often blame the victims to avoid liability for claims. Therefore, it is crucial that you do not say anything that could be construed as admitting fault. It is best to let our legal team handle all communications with the insurance company.
Schedule a Free Consultation With Our Phoenix Personal Injury Lawyers
Our Phoenix personal injury attorneys diligently work to maximize the recovery for damages in personal injury cases. We calculate the maximum value of damages and then aggressively pursue settlements and jury awards for that amount. Call Curiel & Runion Personal Injury Lawyers at (602) 595-5559 today to schedule a free case evaluation with one of our lawyers to discuss how much your personal injury case is worth.