If you’ve been injured in an accident, you may wonder how to recover damages for your injuries. That’s where personal injury lawyers come in.
If the other party has insurance, you’ll likely need an attorney to help negotiate with their insurance company on your behalf. But what about if there is no insurance? How do you go about suing for pain and suffering damages?
In this article, we’ll cover some of the basics of Arizona’s laws regarding these types of cases so that you can make informed decisions about how best to proceed with your own claim.
A Few Facts About Pain and Suffering in Arizona
Pain and suffering damages are not always easy to calculate because they can be subjective; what one person finds distressing may not be as serious for another person with similar injuries.
However, pain and suffering damages can come into play even without physical injury. In some cases where there has been emotional distress or mental anguish caused by an accident or incident that resulted in no physical harm, the court will consider multiple factors when awarding these damages, including:
- The severity of the accident/incident at issue
- The nature of your injuries (if any)
- Your age at the time of the accident/incident, affects how long it takes for recovery from those injuries –this also affects how long it takes for a total return to normal life activities without significant limitations on what you can do physically after experiencing trauma
Are There Any Special Rules for Negotiating Your Own Settlement in Arizona?
In Arizona, you have the right to negotiate your own settlement. If you do this, you should be aware of some special rules:
Injuries Caused by Intentional Acts
Arizona’s pain and suffering laws state that you cannot claim damages if you intentionally caused or contributed to your injury. For example, if you get into an accident because you were driving drunk and then try to argue that you should still be compensated for any injuries sustained in the accident, that argument will fail.
No Cap Limits
Arizona law allows the jury discretion over how much compensation should be awarded based on several factors, including:
- Age/health condition of the victim(s)
- Nature/type injuries suffered by the victim(s)
- Length amount time needed medical treatment needed
Examples of Non-Economic Damages
Pain and suffering are one of the most common types of non-economic damage. It includes both physical pains as well as mental anguish from the injuries that have been sustained.
Pain and suffering can also include loss of companionship, which could be a spouse or child injured in some way and now needing caretaking services (for example, bathing). Or, it could mean that the individual has become unable to enjoy activities with friends because they are disabled.
Loss of consortium is another prevalent type of non-economic damage included under Arizona’s pain and suffering laws. This damage refers to an individual’s ability to engage in sexual relations, which may be impaired by injuries sustained during an accident.
When Can’t You Sue for Pain and Suffering in Arizona?
If you are injured due to the negligence of another person, you may be able to recover damages for your pain and suffering. However, there are some situations in which this is not allowed:
- If the injury was caused by an intentional act
- When it is covered by workers’ compensation (if your employer’s insurance covers workplace injuries)
A Personal Injury Attorney Can Help You Recover Pain and Suffering Damages in Arizona
If you’ve been injured in an accident, a personal injury attorney can help you recover the compensation for your injuries. Arizona has strict rules about what kind of damages one can recover and how much they’re worth. An experienced attorney is critical to protect your rights and adequately understand the relevant Arizona laws.
A personal injury attorney is a professional with experience helping people obtain compensation for their injuries in court. They will be able to tell you whether or not you have a case worth pursuing, as well as what types of damages would be available to you if your claim were successful.
There are many places online where people can find information about various types of personal injury claims and how much they might be worth — but these sites typically don’t offer legal advice or representation by an actual lawyer who knows how this process works firsthand. You should consult an attorney before beginning any type of legal action.
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