When we’re injured in a car accident in Phoenix, Arizona law allows us to recover various types of compensation. At Zanes Injury Lawyers, we understand that we can seek economic damages for medical expenses, lost wages, property damage, and transportation costs. Non-economic damages are also available for pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. In some cases, punitive damages may apply if the at-fault driver showed intent, recklessness, or negligence. Our ability to recover compensation may be affected by comparative negligence. To better determine the compensation we’re entitled to, it’s essential to consult with a Phoenix Car Accident Lawyer who can help us understand the specifics of our accident and the law.
Key Takeaways
- Medical expenses, lost wages, property damage, transportation costs, and home modifications are among the economic damages recoverable after a car accident in Phoenix.
- Non-economic damages, such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement, can also be claimed in a car accident case.
- Punitive damages may be awarded in cases where the at-fault driver displayed intent, recklessness, or negligence, such as DUI or texting while driving.
- Comparative negligence laws in Arizona allow for recovery even if partially at fault, but compensation is reduced by the percentage of fault attributed to the claimant.
- Total compensation amounts are calculated based on various factors, including medical expenses, lost wages, property damage, and unique circumstances surrounding the accident.
Types of Economic Damages
When we’re involved in a car accident, one of the first concerns that comes to mind is the financial impact it will have on our lives. As we navigate the aftermath, we need to take into account the various expenses that can add up quickly. Economic damages are tangible costs that we can recover through a personal injury claim. These damages are meant to compensate us for the financial losses we’ve incurred as a result of the accident.
We can recover economic damages for medical expenses, including hospital bills, doctor visits, prescriptions, and rehabilitation costs. We can also seek compensation for lost wages due to time missed from work while recovering from our injuries. Other economic damages may include property damage, transportation costs, and home modifications if needed. By understanding the types of economic damages available, we can better navigate the claims process and guarantee we receive the compensation we need to move forward. Accurately documenting our expenses and losses is vital in recovering the economic damages we’re entitled to.
Non-Economic Damages Explained
While economic damages compensate us for tangible financial losses, non-economic damages address the emotional and psychological impact of a car accident. These damages provide compensation for the pain, suffering, and emotional distress we experience as a result of the accident. This can include anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues that affect our daily lives.
Non-economic damages also cover the loss of enjoyment of life, such as the inability to participate in activities we once enjoyed due to injuries sustained in the accident. Additionally, they may include compensation for disfigurement, scarring, and other physical impairments that affect our self-esteem and overall well-being. By seeking non-economic damages, we can hold the at-fault party accountable for the full extent of their negligence and obtain the compensation we need to move forward with our lives. Experienced attorneys can help us navigate the process and guarantee we receive fair and just compensation for our non-economic losses.
When Punitive Damages Apply
In certain cases, punitive damages may be awarded in addition to economic and non-economic damages. We can pursue punitive damages when the other driver’s behavior was reckless, willful, or wanton, demonstrating a disregard for the safety and well-being of others.
To determine if punitive damages are warranted, we consider the following factors:
| Factor | Description | Example |
|---|---|---|
| Intent | Did the driver intentionally cause harm? | DUI, intentional speeding |
| Recklessness | Did the driver show a blatant disregard for safety? | Texting while driving, excessive speeding |
| Negligence | Did the driver fail to exercise reasonable care? | Failure to yield, following too closely |
| History | Has the driver engaged in similar behavior before? | Prior DUI convictions, multiple speeding tickets |
We must prove that the driver’s behavior meets the legal standards for punitive damages, which can be a higher burden of proof than for economic and non-economic damages. If we can establish this, we can seek punitive damages to hold the driver accountable for their actions and deter similar behavior in the future.
Impact of Comparative Negligence
Punitive damages can greatly increase the compensation we can recover for our clients, but the amount we can actually collect may be affected by the concept of comparative negligence. In Arizona, where Phoenix is located, we follow a pure comparative negligence rule. This means that we can still recover damages for our clients even if they are partially at fault in the accident. However, the amount of compensation will be reduced by the negligence percentage that is attributed to our clients.
For instance, if our client is found to be 20% at fault in the accident, and the total damages amount to $100,000, we can recover up to $80,000. We will work diligently to guarantee that the liability assessment is accurate and fair. We recognize that comparative negligence can impact the amount of compensation our clients receive, and we’re committed to fighting for their rights to guarantee they receive the maximum amount they deserve. We have experience in steering through complex negligence cases, and we’ll work tirelessly to ensure that our clients’ best interests are represented.
Calculating Total Compensation Amounts
To calculate the total compensation amount for our clients, we consider various factors, including medical expenses, lost wages, property damage, and pain and suffering. We recognize that each accident is unique, and we take the time to gather all necessary information to determine the full extent of the damages.
When calculating medical expenses, we consider all current and future medical bills, including hospital stays, surgeries, and medication. We also estimate lost wages by determining the amount of time our client missed from work due to the accident.
Here are four key factors we consider when calculating total compensation amounts:
- Medical expenses: Current and future medical bills, including hospital stays, surgeries, and medication.
- Lost wages: The amount of time missed from work due to the accident, including salary, benefits, and opportunities.
- Property damage: The cost to repair or replace damaged property, including vehicles, buildings, and other structures.
- Pain and suffering: The emotional distress, physical pain, and discomfort caused by the accident.
Conclusion
We’ve reviewed the various types of damages that can be recovered after a car accident in Phoenix. By understanding economic and non-economic damages, when punitive damages apply, the impact of comparative negligence, and how to calculate total compensation amounts, you’ll be better equipped to handle the aftermath of an accident. We calculate damages objectively to guarantee you’re awarded fair compensation for your specific situation, allowing you to move forward from your injuries.