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.
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.
There are many factors that can affect settlement amounts for personal injury cases in Arizona, including:
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:
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.
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.
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:
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:
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.
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:
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:
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.
Insurance companies handle claims for compensatory damages by evaluating several aspects:
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:
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.
Before moving forward with a potential personal injury lawsuit, there are some important details to keep in mind.
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:
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.
Some common legal causes of action that establish that a defendant may be liable for damages include:
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 .
Some types of personal injury settlement compensation are taxable in Arizona, including compensation for:
In contrast, compensation for medical expenses and pain and suffering that may be linked to physical injuries is not subject to tax.
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 .
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $1.9 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.