In Arizona, DAMAGES in a personal injury or accident case involving injury frequently include:
1. PROPERTY DAMAGES. In cases such as a motor vehicle accident, the Client usually sustains property damage to their vehicle. In Arizona, property damage claims include (1) the cost of repairs to the vehicle or, in the event that the vehicle is a total loss, then the Client is entitled to recover the fair market value of the vehicle, (2) reimbursement of rental car expenses incurred while the Client's vehicle is not driveable and/or compensation for the Client's loss of use of Client's vehicle and (3) the residual diminution (decrease) in the vehicle's fair market value following the repairs.
2. MEDICAL BILLS and EXPENSES. In personal injury cases involving bodily injury, the Client is entitled to recover the reasonable and necessary medical expenses incurred for treating injuries (including treatment of pre-existing injuries which were aggravated by the subject accident) proven, to a reasonable degree of medical probability, to have been caused by the given accident which occurred as result of the negligence of another person or party. Medical costs that may be recovered include; paramedic/ambulance charges, hospital bills, prescription medicine expenses, diagnostic testing charges, doctor treatment expenses, dental treatment costs, chiropractic treatment bills, surgery costs, physical therapy charges, medical supply expenses and other related and necessary medical costs. You are entitled to recover medical costs you have already incurred due to your accident as well as medical expenses for treatment you will need in the future as result of your personal injury.
3. LOST INCOME and WAGES. If your personal injuries are of such a nature that your doctor orders you to be off work and/or if you miss time at work to attend medical appointments, the Client is entitled to be reimbursed the amount of wages or income the Client has lost. This is true in Arizona even if you had employmentbenefits such as sick or vacation time where your employer paid your wages while you were off work or missed work to go to the doctor. If you have personal injuries (such as permanent injuries) that will prevent or limit your ability to work in the future, you are entitled to recover future lost wages.
4. PAIN & SUFFERING. The Client is also entitled to recover fair and reasonable compensation for the pain and suffering (physical and emotional) associated with personal injuries sustained in accidents as the result of the negligence of another person or party. Each Client's case has unique issues involved in the claim for pain and suffering compensation which the Client and the Client's family members should discuss in detail with the Attorney. In addition to the physical pain, the effect of the injuries and pain on the Client's work abilities, family life, and social activities should be taken into consideration. In cases involving injuries that are permanent in nature or which will take a long time to heal, you are entitled to recover damages for future pain and suffering.
5. OTHER TYPES of DAMAGES. In some cases there may be other types of damages you can recover as a consequential loss caused as a result of your accident/injury. For instance, in cases involving severe injuries, such as where the husband is the one injured and is permanently impaired for the rest of his lifetime, this would obviously have a significant impact on his spouse on many levels. In appropriate cases, the man's wife may be entitled to recover separate damages for the effect her husband's injuries have had and will have on her lifestyle and the marital relationship since the accident and in the future (this is called a claim for loss of consortium). In addition, in certain limited situations you many be able to recover damages calculated to punish the wrong-doer over and above your compensatory damages (these are called punitive damages). You should discuss whether these other types of losses may be applicable to your case in detail with a qualified Personal Injury Attorney.
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*NOTE/DISCLAIMER: The comments set forth in this website are not definitive, but are intended to give the User a general understanding of Arizona accident, injury and insurance law by setting out a brief overview of the issues involved in accident/injury cases. Further, time limits and financial limits discussed herein are subject to change by law, regulations and/or rules. It is important that the User seek competent legal advice on current limits that may affect their rights (including time limits to file lawsuits). Attorney William V. Croswell is licensed in the States of Arizona and Massachusetts but practices law ONLY in Arizona and the contents of this website apply only to the laws and rules in the State of Arizona and do not apply to the laws or rules of any other State or jurisdiction. Attorney William V. Croswell, and those employed by his law office, do NOT seek to represent anyone in a State or jurisdiction other than in the State of Arizona,including anyone in a State, jurisdiction, or location where this website, and it’s contents, may fail to comply with all laws and ethical rules of that State, jurisdiction, or location.