Personal injury claim amounts in Arizona aren’t the same as in other states. No two personal injury claims are alike. There are many factors that are taken into consideration when filing a personal injury claim. After you have met with an experienced attorney, the facts of your case, how it is presented, and even the state you live in can impact your claim.
Before reading on, remember that the following is not legal advice and only provides an idea of personal injury claim amounts in Arizona. Because no two cases are the same, speaking with a personal injury lawyer can help you determine your legal rights and if you’re entitled to compensation.
Eight Factors that Impact Personal Injury Claim Amounts
In the early stages of a personal injury claim, the two parties will try to settle the claim out of court and may go back and forth with different offers. Before this process begins, your attorney will calculate a reasonable amount of money you deserve. This sum will be based on a number of factors:
- Medical expenses: Your attorney will be able to obtain all your medical records and request reimbursement for this amount. If you did not seek medical treatment but are still suffering from pain, your attorney may demand a certain dollar amount for every day you have had to live with pain caused by the injury.
- Property Damage: If you were involved in an accident, it’s likely there was some property damage. Your vehicle may have been damaged in the collision; in some cases, your home or property may have been damaged if a reckless driver crashed into your home.
- Lost Earnings: If you lost time at work due to medical treatment or the inability to fully do your job while in recovery, lost earnings will be calculated.
- Loss of Future Income: Some personal injury victims may need to be placed into a different role at work or loss income due to ongoing treatment; loss of future income will be estimated to protect your financial future.
- Future Medical Expenses: In cases with severe injuries, ongoing treatment may be needed. From surgeries to rehabilitative services, an attorney will calculate future medical expenses into your personal injury claim amount.
- Emotional Damages: Beyond monetary damages, emotional damages must also be taken into consideration. In some cases, pain and suffering could lead to higher future medical expenses due to prolonged treatment and additional loss of future earnings.
- Extent of Damages: The extent of your damages, sometimes known as a “multiplier,” will play a large role in the personal injury claim amount. The more serious, disabling, or permanent the injury, the higher the multiplier. The multiplier ranges from one to five.
- State Laws: Depending on the state you live in, there may be some caps on damages or other factors that may influence your personal injury claim amount. More on that below.
After totaling numbers one through six, your lawyer takes the figure and uses the multiplier to determine a final number.
What is Comparative Fault?
As previously noted, state laws can affect compensation amounts. Comparative fault systems can primarily impact the damages your attorney can claim. Comparative fault systems fall into three types:
- Pure contributory negligence: Under this rule, a plaintiff who has any fault in the accident may not recover any compensation. Arizona does not recognize pure contributory negligence.
- Comparative fault: Arizona recognizes comparative fault, meaning the plaintiff, or victim, may recover compensation even if they are 99 percent at fault. However, the damages are reduced based on the degree of fault.
- Modified comparative fault: This system follows the rule that a damaged party cannot recover if they are 50 percent or more at fault. Arizona does not recognize modified comparative fault.
The comparative fault systems can be difficult to understand, which is why it is so important to get professional legal advice.
Personal Injury Claim Amounts in Arizona
Along with Arizona’s pure comparative fault system, the state also has a right to contribution law. Under the law, two or more people liable for someone’s injury may be held responsible for paying the victim’s injuries.
While Arizona law is on the side of personal injury victims, how you contributed to an accident may impact claim amounts. For example, you may have been involved in a pedestrian accident on a crosswalk after a vehicle ran a red light. However, if you were on your smartphone, the defendant may be able to argue that you were partly at fault and distracted – thus diminishing the amount of compensation you may be entitled to.
Contacting an Arizona Personal Injury Attorney
If you have been injured in an accident, don’t go against the insurance company or party at-fault for your injuries alone. With decades of legal experience, we can help you fight for the compensation you deserve. Call our law office if you have been injured in an accident and let us help you determine your personal injury claim amount.