Personal Injury Law is the area of law that allows people who are injured because of someone else’s negligence to pursue compensation from the person or the company that caused them that harm. The money that’s recovered in a personal injury case can be used to pay for things like medical bills, damage to your property, lost income, and other expenses that may occur from your accident. In addition to this, you can also be compensated for non-economic damages such as pain and suffering and other things.
At the Law Offices of Andrew R.C. Davis, we handle a full range of personal injury cases. Call us 24/7 to discuss your case with an attorney at no cost if you are injured in any of the following ways:
Rest assured, when you hire the Personal Injury Law Giant to represent you, we’ll stand up to insurance adjusters and fight for the compensation you deserve. That being said, it’s important to explain what compensation you’re entitled to under Arizona law and set proper expectations for your claim. The compensation a person is entitled to receive when they’re injured by someone else’s negligence is typically meant to be compensatory in nature; that means it’s meant to put the person back in a place as if they had not been injured at all. The concept may sound absurd, how can I possibly be compensated for the pain and the hassle of dealing with an injury? The answer becomes more clear with how the compensation is calculated through damages.
The damages in a personal injury case are divided into two main categories: special damages and general damages. These two damages are added together to create the total amount of compensation in a case. Special damages are the type of compensatory damages resulting from an injury that are easy to grasp and calculate. The following are some examples of special damages in a case:
As you can see, general damages are much more tricky to figure out in a case. While there are other possible examples, these are frequently the most common that typically arise in a personal injury lawsuit. While general damages can be recovered “without proof of any specific amount,” generally evidence must support a jury to “fairly estimate” the amount of general damages that will reasonably compensate for the wrong done. Put in a better way by an Arizona court ruling, pain and suffering general damages are, “inherently flexible and subject to differing and potentially changing evaluations based on various factors. In short evaluating personal injury claims, and particularly the ‘general damage’ component, is far from an exact science. Oftentimes it is no more precise or predictable than throwing darts at a board.”
This is the reason why it’s so important to hire a skilled attorney who has the experience calculating and negotiating injury claims to make sure you get the maximum amount of compensation you’re entitled to. Call us 24/7 any time to speak to an attorney about your case at no cost, we’re more than happy to take your call and help any way we can.
The above demonstrates how to calculate the damages in personal injury case and the maximum amount of compensation you’re entitled to, however it’s important to understand that it’s just that, the maximum. In the state of Arizona, the compensation a person is entitled can be reduced by the percentage of fault they’re responsible for in causing the accident. As the Uniform Contribution Among Tortfeasors Act (“UCATA”) explains, this allows injured parties compensation even if they’re partially at fault, but reduces damages attributable to that fault, so that it makes “each tortfeasor responsible for paying for his or her percentage of fault and no more.” Put simply, say for example you were in an accident where there were $100,000 in damages. In this accident, you were hit from behind by someone speeding while you changed lanes without indicating. If a jury decided that you were 25% responsible for the accident because you failed to use your turn indicator, your compensation of $100,000 would be reduced by 25% to $75,000. Attributing the right amount of fault between multiple parties responsible for an accident is a major part of pursuing a successful personal injury case.
As mentioned before, personal injury lawsuits are generally meant to be compensatory in nature, which means that the total amount of compensation cannot exceed what the total amount of damages are. There exists an exception however to this rule, and this exception is punitive damages. Punitive damages are meant to be awarded to punish the wrongdoer and deter others from doing the same thing in the future. They are only appropriate when the person who injured you acted in such a way that it was so “outwardly aggravated, outrageous, malicious, or fraudulent” it could only be seen as them acting with an “evil mind.” Like with figuring out general damages, it can often be pretty difficult establishing what conduct should be considered worthy of punitive damages or not. The typical case that makes for a likely successful argument for punitive damages are accidents that are caused by a DUI driver who is heavily intoxicated. Once it is established that a defendant is deserving of being punished through the awarding of punitive damages, deciding the total amount of punitive damages to award is another hurdle that needs to be overcome. There exists no specific formula in figuring out the amount of punitive damages that should be awarded, however the following three considerations can be made to figure out whether they are justified:
The Law Offices of Andrew R.C. Davis is committed to helping individuals who have been seriously injured in an accident. If you or a loved one has been injured due to someone else’s negligence, don’t hesitate to call us immediately, we’re more than happy to take your call and discuss your case at no cost at all. A catastrophic injury can result in the inability to work, care for dependents, and significantly impact other parts of your life; that’s why you need an experienced attorney to get you the compensation you deserve.
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