How Is Pain and Suffering Calculated in Arizona?
When an individual gets involved in an accident due to the negligence of someone else, they have the power to seek compensation for their property damages, lost wages, and medical expenses. However, many people believe that they should also receive compensation for the physical and emotional pain they faced as a result of the accident.
It’s tough to put a price tag on pain and suffering the same way you can calculate the cost of hospital bills. This often leads to tremendous confusion surrounding pain and suffering in Arizona, which can make it easy for insurance companies to take advantage of the victim. So how is pain and suffering calculated in Arizona? Let’s break it down.
What is Pain and Suffering?
After suffering an injury in an accident, there are two types of pain and suffering that victims experience to some degree. They can be broken down as follows:
- Physical – This involves the physical pain associated with the victim’s injuries, both following the accident and that is expected to continue long-term.
- Mental – This includes the mental and emotional pain that comes as a direct result of the accident, including anger, fear, anxiety, sadness, and humiliation.
Types of Damages in Arizona
In Arizona, the damages involved in a personal injury case are typically either economic or non-economic damages. There is a third type referred to as punitive damages, which are designed to punish the defendant and are only awarded in rare cases where the defendant is found to have acted with an evil hand and mind.
- Economic Damages – These are meant to compensate the victim for the monetary losses associated with the accident, like lost wages and medical expenses.
- Non-Economic Damages – These are meant to compensate the victim for any non-monetary losses associated with the accident and are where pain and suffering enters the equation.
Because there isn’t a bill or receipt to refer to, non-economic damages are more difficult to calculate. How do you put a price tag on someone’s pain and suffering? It all comes down to your ability to show proof of the pain you suffered.
Ways to Prove Pain and Suffering
In Arizona, the courts want to compensate accident victims for their pain and suffering. They look at several factors to calculate the right compensation amount, including the type of injury, treatment, recovery time, and permanence of the injury.
When you work with a Phoenix personal injury attorney to prove your claim, there are several things they might request to help improve your chances. Here are some of the most common ways to prove pain and suffering in Arizona:
- A written statement from a mental health professional
- Testimony from friends and family
- A diary or injury journal
- Medical records (including prescription history)
- Your personal testimony
Reliable Phoenix Personal Injury Attorneys
If you came here wondering “how is pain and suffering calculated in Arizona,” we hope that this post helped to give you a deeper level of understanding on the matter. Whether you or a loved one have been involved in an accident, our skilled personal injury attorneys are here to support you through the claims process.
When you work with our team, you can rest assured that Arizona’s top personal injury lawyers are fighting tirelessly to get the compensation that you deserve. Contact our team for a free consultation today and begin filing your personal injury claim.
Zayed Al-Sayyed
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