Key Factors to Consider in a Personal Injury Claim

While rules may vary from state to state, there are some things that will definitely affect your personal injury claim:

1. Statute of Limitations. In Arizona, you generally have two years from the date of the accident to file a personal injury claim. If you miss this date, you risk losing your right to seek compensation.
2. Comparative Negligence. Arizona follows the “pure comparative negligence” rule. This implies that depending on the extent of responsibility to the accident’s causes, your compensation may be decreased.
3. Liability and Damages. To establish a personal injury claim, you need to prove that the defendant was negligent, and that their negligence directly caused your injuries. Medical costs, lost wages, pain and suffering, and other expenses are examples of damages.
4. Insurance Coverage. Arizona requires all drivers to have a minimum amount of liability insurance. If the insurance of the at-fault party is insufficient to cover your damages, you may have to seek compensation from your own insurance company. This is covered by an underinsured motorist claim.
5. Medical Treatment and Documentation. It is critical to seek medical attention as quickly as possible following a crash. Keep thorough records of your injuries and treatments. Such evidence can be very helpful in proving your claim.

Keep in mind that this is merely general information and not legal advice. Consult a skilled personal injury attorney in Arizona for counsel tailored to your individual circumstances.

Economic Damages

Economic damages are intended to compensate you for financial losses resulting from your injuries. These may include:

1. Medical expenses. This covers the cost of medical treatment, including hospital stays, surgeries, consultations with doctors, prescriptions, and physical therapy.
2. Lost wages. If you were unable to work because of your injuries, you may be paid for the time that you couldn’t work.
3. Loss of earning capacity. You may be eligible to financial compensation for this loss if your injuries have negatively impacted your capacity to make a living in the future.
4. Property damage. You may be compensated for the cost of repair or replacement if the accident damaged your personal property, such as your car.

Non-Economic Damages

Non-economic damages are damages are intended to compensate you for the intangible losses caused by your injuries, including:

1. Pain and suffering. This covers your physical pain, discomfort, and mental distress as a result of your injuries.
2. Emotional distress. This includes the psychological impact of the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
3. Loss of consortium. If your injuries have harmed your relationship with your spouse or partner, you may be entitled to compensation.
4. Loss of enjoyment of life. This refers to the diminished quality of life you may experience due to your injuries and the limitations they impose on your daily activities.

Note that Arizona does not have a cap on economic or non-economic damages in most personal injury cases, but there may be caps on non-economic damages in certain medical malpractice cases.

Pain and Suffering is also Included in a Personal Injury Claim

‘Pain and suffering’ covers the non-economic damages that a person may experience due to their injuries. It can include both physical pain and emotional distress resulting from the injury. This may encompass a wide range of experiences, such as:

1. The actual pain, discomfort, and ongoing physical limitations caused by the injury.
2. The mental anguish, anxiety, depression, or other emotional effects caused by the injury and the subsequent changes in a person’s life.
3. A diminished quality of life due to the accident and its long-term effects, such as being unable to engage in hobbies, leisure activities, or social events.
4. The impact of the injury on the person’s relationships with family members, friends, or romantic partners.
5. Insomnia or other sleep disruptions brought on by injury-related pain or psychological distress.
6. The disruptions to accident victim’s daily routine and activities caused by the injury.

There are several factors that may influence the amount of compensation for pain and suffering. These include the severity of the injury, the impact on the person’s life, the duration of the pain and suffering, and the victim’s age and health before the injury.

It’s important to provide documentation and evidence that demonstrates the extent of the pain and suffering to support your personal injury claim. This may include medical records, photographs, testimony from mental health professionals, and personal journals.