Damages You May Collect After an Arizona Car Crash

If you suffered injuries in a car accident, you can seek compensation to recover your losses. Damages you may collect after an Arizona car crash can address your medical bills, lost wages, property damage, and pain and suffering. The amount of compensation you receive for these losses will depend on the severity of your injuries and the circumstances surrounding the accident.

What Are the Different Types of Damages That an Arizona Car Crash Victim May Be Entitled To?

Arizona car crash victims can seek damages to cover their economic and non-economic losses. In rare cases, punitive damages may also be awarded.

Economic Damages

Economic damages compensate for monetary losses typically associated with bills and income. The main types of losses covered by economic damages are:

• Medical expenses – Your medical expenses include past and future surgeries, hospital stays, medical treatments, prescription medications, medical devices, and physical therapy related to your injury.
• Lost wages – If your injuries prevent you from working entirely or in your pre-injury capacity or role, you can pursue compensation for your lost income and loss of future earning potential.
• Property damage – You can also seek compensation for any property damaged in the accident, particularly your vehicle.
• Property modification – If your injuries leave you disabled, you may be able to get compensation for the cost of modifying your home or vehicle to accommodate your disability, such as by installing ramps or lifts.
• Household services – If your injuries prevent you from performing household services, such as childcare or cleaning, you may be able to recover compensation to pay for someone else to perform these services.

Non-Economic Damages

Non-economic damages compensate for intangible losses typically associated with how your injuries impact your life. These major non-economic losses include:

• Pain and suffering – This refers to the physical pain and emotional distress you suffered because of the accident and your injuries.
• Loss of enjoyment of life – If your injuries affect your ability to participate in daily activities or enjoy your hobbies, you may seek compensation for this loss.
• Loss of consortium – Your spouse can pursue compensation for their loss of companionship and marital relations due to your severe injuries.

Punitive Damages

Unlike economic and non-economic damages, punitive damages are not intended to compensate you for your losses. Instead, they are meant to punish the at-fault party and deter others from similar behavior. However, the court only awards punitive damages in cases of extreme recklessness or intentional harm.

Who Will Pay for Your Damages?

Arizona is a fault-based state for car accidents. This means the driver who caused the accident is responsible for the other party’s injuries. However, it’s unlikely that the at-fault driver will be paying for your injuries out-of-pocket. Instead, their insurance provider will be the one covering the costs.

If the insurance company denies your claim or doesn’t offer an adequate settlement amount, you can file a personal injury claim to seek a full and fair compensation award.

How Are Damages Calculated?

Several factors contribute to calculating damages in car accident cases. The most significant factors are:

• Severity of injuries – The more severe your injuries are, the more compensation you will typically receive. Severe injuries tend to require more medical treatment, which causes the cost of your medical expenses to rise. They also result in permanent disability requiring long-term care or lifestyle adjustments more often than minor injuries.
• Medical documentation – Having a meticulous record of your medical treatments and their costs is vital for securing the compensation you need.
• Lost wages – Your pay stubs and other financial documents can indicate the impact of your injuries on your income and earning capacity.
• Non-economic damages – Arizona doesn’t have a set way to calculate non-economic damages for losses like pain and suffering. One of the more common ways to calculate these damages is to multiply your economic losses by a multiplier depending on the severity of your injuries. The more severe your injuries, the higher the multiplier.
• Comparative negligence – Arizona applies a comparative negligence standard for personal injury claims. If your claim goes to trial, the court will use comparative negligence to reduce your compensation by a percentage based on your degree of fault in the accident. For example, if you were 20 percent at fault, you could only recover 80 percent of your awarded compensation.

How Long Do You Have to File a Claim to Recover Damages in Arizona?

The statute of limitations identifies the time limit to file a personal injury claim against an at-fault driver. Arizona’s deadline for car accident claims is two years. Failing to file your claim within this period will result in the courts barring you from recovery.

It’s important to note that this statute of limitations is separate from the time limits insurance providers place on filing claims. You should generally file a claim with the insurance provider as soon as possible. Then, you can work with an attorney on a personal injury lawsuit if there are any issues with your insurance claim.

How Can an Arizona Car Accident Attorney Maximize Your Compensation?

Hiring an experienced Arizona car accident attorney can ensure you pursue full and fair compensation for your injuries. Some of the key ways an attorney can help are:

• Thorough investigation – Your attorney will conduct a detailed investigation into the accident to gather evidence and identify any at-fault parties. Their investigation typically also includes collecting eyewitness statements and hiring expert witnesses to provide testimony.
• Insurance negotiation – Your personal injury attorney will negotiate a fair settlement with the insurance provider for you, making sure they don’t give you offers that fail to meet your needs.
• Trial litigation – If the insurance provider refuses to provide a fair settlement, your attorney will argue your case before a judge and jury, presenting the evidence they gathered and seeking the maximum compensation.

Contact an Arizona Car Accident Lawyer

Were you injured in a car crash in Arizona? If so, it’s essential to understand your rights so you can pursue the compensation you need to cover your medical bills, lost wages, and other losses.

Contact Mushkatel, Gobbato, & Kile, P.L.L.C. for a consultation with one of our experienced car accident attorneys. We’ll evaluate your case, explain your legal options, and provide a preliminary calculation of how much your case could be worth.