Daños compensatorios en casos de lesiones personales en Arizona

If you suffer an injury or damage on someone else’s property or due to someone else’s actions—whether intentional or negligent—you may wonder if you are entitled to any compensation for your losses. You may be able to receive compensatory damages in Arizona for a personal injury case, but the amount will depend on factors such as the severity of the injury, the damages, and the strength of your case. Below, we review everything you need to know about compensatory damages in Arizona for personal injury cases, including what you can do to maximize your compensation.

How much do most personal injury cases settle for in Arizona?

In Arizona, most personal injury cases settle for between $3,000  and $75,000 . At Thompson Law, we have won over millions of dollars in individual personal injury cases for dozens of our clients.

However, it’s not entirely fair to say there’s a “typical” amount for a personal injury settlement. Every case has unique circumstances. This is part of why these types of cases tend to settle; going to trial can be expensive, time-consuming, and risky.

Factors influencing settlement amounts

There are many factors that can affect settlement amounts for personal injury cases in Arizona, including:

• Severity of the injury
• Medical costs
• Lost wages
• Your percentage of responsibility
• Insurance policy coverage
• The strength of the evidence you present

What is the average damages award in Arizona?

Settlement amounts for pain and suffering typically range from $5,000 to $80,000 in Arizona. However, compensatory damages in Arizona can exceed $100,000 in cases involving serious injuries or significant damages.

In Arizona, pain and suffering are considered non-economic damages. Unlike economic damages, such as calculable medical bills, these damages are inherently subjective and not easily quantifiable. There are two primary methods used to estimate the monetary value of these damages:

• Multiplier method . This method involves multiplying the total economic damages by a factor typically between 1.5 and 5. The multiplier is intended to reflect the economic value of the damages. The multiplier is intended to reflect the severity and long-term impact of the injuries in question.
• Per Diem Method  . This method assigns a daily monetary value to the plaintiff’s pain and suffering. It then multiplies this value by the number of days the person is expected to experience these effects. This method is most often used when the duration of an individual’s pain and suffering is shorter or more predictable.

Another aspect to consider is that Arizona does not limit compensation for moral damages. Given the complexity of compensatory damages in Arizona, it is advisable to consult an attorney as soon as possible.

What compensation can you receive in a personal injury case in Arizona?

You may be entitled to compensatory damages in Arizona in different forms , both economic and non-economic, in a personal injury case. Let’s take a closer look at each category and their examples.

Economic damages (special damages)

These are quantifiable damages that reflect direct financial losses related to the accident. Their purpose is to help the victim return to the financial situation they had before the accident.

Examples of economic damages in personal injury cases include:

• Medical expenses
• Lost wages
• Decreased future earning potential
• Cost of rehabilitation or continued therapy
• Out-of-pocket expenses, such as transportation to medical appointments.
• Costs of assistive devices, such as wheelchairs or prosthetics.
• Childcare or household help needed due to the injury

Non-economic damages

These are intangible losses intended to compensate victims for everything they may have lost after suffering a serious injury. These damages aim to help victims get as close as possible to the position they were in before the accident.

Some common examples of non-economic damages that could be awarded in a personal injury case include:

• Emotional distress
• Loss of companionship
• Decreased quality of life

Punitive damages

Punitive damages are not directly related to the plaintiff’s losses. Instead, they seek to punish the defendant and deter similar behavior in the future. These damages are rarely awarded in personal injury cases, but compensatory damages in Arizona can be awarded to cover losses, and punitive damages are typically reserved for particularly egregious or malicious acts.

Types of personal injury cases

A personal injury lawsuit may be filed when one party is injured or harmed by the actions or negligence of another party or on that party’s property. Some examples of common personal injury scenarios that may be eligible for compensatory damages in Arizona include:

• Car accidents
• Slips and falls
• Medical negligence
• Product Liability
• Workplace injuries
• Dog bites
• Aggressions

How to claim compensation for damages

If you’ve been involved in an accident or incident that you believe may entitle you to compensatory damages, follow these basic steps to take action:

1. Seek medical attention. First things first: prioritize your health. Thoroughly treat and document all injuries.
2. Document all evidence. Start gathering evidence such as photos, police reports, medical records, and witness records as soon as possible.
3. Notify your insurance company. Promptly inform the at-fault party’s insurer of your personal injury claim.
4. Consult a lawyer. Contact a personal injury attorney to evaluate your case and guide you through the rest of the process.
5. File a demand letter. Draft and send a detailed letter to the insurance company describing your damages and requesting compensation (or ask your attorney to do so on your behalf).
6. Negotiate if necessary. Start discussions with the insurer to reach an agreement (or ask your lawyer to do so on your behalf).
7. File a lawsuit if necessary. If negotiations don’t work, file a personal injury lawsuit. Your attorney can guide you through this phase of the process.

After filing a lawsuit, you may have the opportunity to attempt mediation to resolve the case before it goes to trial. Mediation is an informal process that allows the parties to resolve their dispute amicably without going to trial. During this process, evidence can be exchanged and a settlement reached, or the case can go to trial, where a judge or jury will determine liability and award compensatory damages in Arizona.

How insurance companies handle compensatory damages in Arizona

Insurance companies handle claims for compensatory damages by evaluating several aspects:

• Civil liability
• Severity of injuries
• Medical expenses
• Lost wages
• Other damages, such as property damage, as necessary

They use algorithms and adjusters to determine a settlement offer, which is usually low to start with. To minimize payouts, insurance companies may try to:

• Dispute liability
• Downplaying the severity of injuries
• Delaying the processing of claims
• Pressuring applicants to accept quick, low offers
• Misinterpreting the policy language
• Questioning the need for medical treatments

All of these tactics demonstrate why it’s so important to have the guidance of an attorney. An attorney can help you counter these strategies, build a strong case, and negotiate aggressively. They can also handle communications with insurance providers for you to protect you from unintentionally damaging your own case.

Basic things to consider before filing a compensatory damages lawsuit in Arizona

Before moving forward with a potential personal injury lawsuit, there are some important details to keep in mind.

Deadline to file a claim: Statute of Limitations

The statute of limitations for filing a personal injury lawsuit in Arizona is two years from the date of the injury. This includes cases involving medical malpractice, as long as the patient was reasonably aware of the harm they suffered. You must file your lawsuit within this timeframe, or your case may be dismissed.

However, there are some exceptions to the statute of limitations, including cases involving:

• Minors. If the injured person is under 18, the period begins on their 18th birthday.
• Government entities. All claims against government entities require formal notice within 180 days and filing within one year.
• Discovery rule. If the injury is not immediately apparent, the time limit begins when it is discovered or reasonably should have been discovered.

Determining Liability: Who to Sue

Determining who is liable in a personal injury case may seem simple, but it can actually be quite complicated. Multiple parties—individuals, businesses, or public bodies—may share liability or could be individually liable. Your attorney can help you determine who to sue in a personal injury case.

Legal causes of action

Some common legal causes of action that establish that a defendant may be liable for damages include:

• Negligence . Refers to the defendant’s failure to exercise reasonable care. Proving negligence involves establishing that the defendant owed the plaintiff a duty of care, that they breached that duty, and that there is a causal relationship between the breach and the damages in question. The plaintiff will also have to prove their damages.
• Strict liability. In this case, the parties are responsible for the damages they cause, regardless of their intent or negligence. It typically applies in cases involving defective products or dangerous activities.
• Intentional torts. These are deliberate actions that cause harm, such as assault, battery, or fraud.

What happens if you are partially at fault?

Arizona uses a pure comparative negligence rule to determine fault in cases where the plaintiff shares part of the responsibility for the accident. This system allows plaintiffs to recover damages even when they are partially at fault. However, their compensation is reduced by their percentage of fault.

Let’s look at an example of how this system can affect compensation:

Imagine a customer walking down a grocery store aisle and noticing a “wet floor” sign, but decides to walk through the area instead of taking a safer route. The floor is wet and slippery due to a spill that the store failed to clean up in a timely manner. The customer slips and injures their back.

During a trial, the store may be found 70% at fault for failing to address the hazard quickly. The plaintiff, meanwhile, may be found 30% at fault for ignoring the warning sign.

If the total damages are determined to be $ 20,000 , the plaintiff’s award is reduced by 30% , leaving him with $ 14,000 .

Do I have to pay taxes on a personal injury settlement in Arizona?

Some types of personal injury settlement compensation are taxable in Arizona, including compensation for:

• Lost wages
• Emotional distress unrelated to physical injury
• Punitive damages

In contrast, compensation for medical expenses and pain and suffering that may be linked to physical injuries is not subject to tax.

Contact Thompson Law today

When you suffer an injury due to the actions or negligence of another party, you deserve an advocate who will fight to protect your rights and help you maximize your compensation. Thompson Law has won billions in compensation for our clients in personal injury cases.

Don’t wait to consult a personal injury attorney in arizona—acting quickly can help you preserve evidence and build a case that gets you the money you deserve. Contact us today for a FREE CONSULTATION .