How Are Pain and Suffering Damages Calculated in Arizona?

Suffering injuries due to someone else’s carelessness in a motor vehicle accident, slip-and-fall incident, medical error, or other incident may leave you with significant physical injuries requiring costly and time-consuming medical treatment. Pursuing compensation through a personal injury claim may allow you to recover the costs of your medical bills, lost income, and other financial losses resulting from the incident.

However, you also have the right to seek compensation for the physical and emotional pain and suffering the experience has caused. This compensation holds the at-fault party responsible for the full extent of the harm they caused and can make it easier for you to move forward after a devastating accident. Our personal injury lawyers can explain more about pain and suffering damages during a consultation.

How Does Arizona Law Define Pain and Suffering?

Arizona law includes bodily harm and emotional or mental distress among the types of bodily injury for which a person may recover compensation through a personal injury claim. The law also distinguishes between economic and non-economic losses. The former are losses causing the injured party financial harm, while the latter losses are non-monetary in nature.

The courts recognize that pain and suffering impact an injured person’s capabilities and quality of life, sometimes permanently. By making non-economic damages available for recovery through an injury claim, the law provides a way for injured people to receive compensation for their pain and suffering that acknowledges the full extent of their losses.

Are There Different Types of Pain and Suffering Under Arizona Law?

Pain and suffering is treated as a broad category by Arizona courts and encompasses a range of possible types, including:

• Physical Pain and Suffering – This includes physical pain and discomfort a person experiences due to their injury. It encompasses chronic pain, acute pain, and any ongoing physical discomfort.
• Mental Anguish and Emotional Distress – This includes the psychological effects of the injury, such as depression, anxiety, trauma, fear, and other emotional suffering. A person may experience persistent distress, humiliation, or shock following a severe accident.
• Loss of Enjoyment and Quality of Life – An accident can cause injuries that prevent a person from participating in hobbies, activities, and family life to the extent they could before their injury.

What Types of Evidence Can Support a Pain and Suffering Claim?

Your personal injury lawyer may use a variety of types of evidence to support your pain and suffering claim, including:

• Medical records
• Testimony from your physical and mental health care providers
• Psychological evaluations
• Testimony from outside experts
• Testimony from your family members, other loved ones, and coworkers
• Photographs of your injuries
• Videos demonstrating your diminished physical capabilities
• Records of missed work
• Journal records documenting your pain and daily struggles

What Is the Multiplier Method?

Courts will use two primary methods when calculating pain and suffering compensation. The first is the multiplier method. This method involves adding up all the financial expenses you’ve incurred, including medical expenses, lost income, and out-of-pocket expenses, and multiplying it by a number, typically between 1.5 and 5, to calculate your compensation. The multiplier will be higher for more severe injuries.

What Is the Per Diem Method?

The other standard method for calculating pain and suffering damages is the per diem method. In this method, the court assigns a dollar value to your daily physical and emotional pain and suffering, and then multiplies this number by the number of days they expect your recovery period to last.

Because gauging the recovery time can be difficult, especially in cases involving catastrophic injuries, courts may be more likely to use the multiplier method when determining the total value of your pain and suffering claim.

Does Arizona Have Caps on Pain and Suffering Damages?

Some states limit the amount of pain and suffering damages an injured person can recover. In Arizona, however, there is no cap on pain and suffering compensation. Your Arizona personal injury attorney can help you understand how much compensation you may be able to recover by looking at similar cases they’ve handled in the past.

What Is the Statute of Limitations for Filing a Pain and Suffering Lawsuit?

Arizona law gives you just two years from the accident date to file a personal injury lawsuit against the party whose actions harmed you. Two years may seem like a long time, but there are some severe disadvantages to waiting to pursue legal action against the at-fault party.

For starters, enlisting a personal injury attorney immediately means they can investigate the incident that injured you as quickly as possible. This is helpful because physical evidence is often volatile. If it’s mishandled, allowed to deteriorate, lost, or otherwise disposed of, it limits your lawyer’s access to evidence that could prove critical in your case. Additionally, memories fade with time. Your attorney will benefit from getting your account of the incident and those of any eyewitnesses when the incident is fresh in everyone’s minds.

Finally, while the two-year deadline applies in most personal injury cases, there may be exceptions that shorten or lengthen the amount of time you have, depending on certain circumstances. Contacting a lawyer as soon as possible following an accident makes it easier for them to confirm the applicable deadline and ensure they file your paperwork on time.

Contact an Arizona Personal Injury Lawyer

If you suffered injuries due to another party’s negligence, an experienced and knowledgeable Arizona personal injury lawyer can help you seek compensation for your losses, including any physical and emotional pain and suffering resulting from the incident. 

Contact the personal injury attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C today to discuss your legal rights and options for pursuing compensation. We’re committed to helping injured Arizona residents hold the parties who harm them accountable for their negligence. We look forward to learning about your situation and working together to pursue the justice and compensation you deserve. Get in touch today to get started with an initial consultation.

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