How Is Pain & Suffering Calculated in Arizona?

July 30, 2020

If you or somebody you love has sustained an injury caused by the careless or negligent actions of another person, you may be entitled to compensation for your losses. However, some people may be confused about the types of compensation they can recover in these cases.

Injuries can lead to significant pain and suffering for victims. While pain and suffering damages may not be as immediately visible as traumatic injuries, they are nonetheless very real. It is incredibly important for those who have been injured due to the negligence of another person or entity to understand how their pain and suffering is calculated so that they can be properly compensated.

At Torgenson Law, our personal injury attorneys have a thorough understanding of how to properly calculate pain and suffering damages that you are entitled to for your injuries, so please do not hesitate to call us for a free consultation today.

Calculating pain and suffering damages in Arizona

What is pain and suffering?

First, we want to define what “pain and suffering” actually means in a personal injury case. In order to properly define pain and suffering, we first need to look at the difference between special damages and general damages in personal injury cases. These damages are also referred to as “economic damages “ and “non-economic damages.”

Economic vs. non-economic damages

Economic damages (special damages) are what most people are familiar with when it comes to personal injury cases. These include things that are fairly easy to calculate by using bills, receipts, pay stubs, tax returns, and more. Economic damages can include all medical expenses related to an injury, lost wages if a person is unable to work while they recover, general household out-of-pocket expenses caused by the injury, and more. In a personal injury case, economic damages are generally totaled up to calculate these “special” damages.

Non-economic damages (general damages), however, are not as easy to calculate as economic damages. That is because these damages do not generally come with bills or receipts that can be used to add up the total losses. Non-economic damages are usually called pain and suffering damages and can include the following:

  • Physical pain and suffering, to include all physical pain associated with a person’s injuries. This includes pain from the initial incident as well as the pain they are reasonably expected to suffer from while they recover.
  • Mental pain and suffering, which can include the emotional toll that an injury takes on a victim. This can include anger, anxiety, humiliation, PTSD, loss of personal enjoyment, and more.

How to prove pain and suffering

There are various ways that an injury victim and their attorney can use to prove their level of pain and suffering. This can include:

  • An injury journal or diary that is kept from soon after the accident occurs throughout a recovery that includes levels of pain a person experiences as well as information about how the injury has affected you and your daily lives.
  • Testimony from friends and family about how the injury has affected a victim’s personality and daily quality of life.
  • Testimony from mental health professionals that a victim has seen in the aftermath of their accident, including any diagnosis of PTSD, depression, or other mental health issues stemming from the injury.

How much can you get from pain and suffering damages?

The total amount of compensation awarded in a personal injury case will revolve around the various factors related to each particular situation. This can include the severity of the injuries, whether the victim had any fault in the incident, the effect of the injury has on a person’s quality of life and their ability to work, and more.

Generally speaking, each personal injury case in Arizona is different, and the total amount of money awarded will vary greatly from case to case. That is why it is crucial for you to have experienced Arizona injury lawyers in your corner to fight for the full extent of your damages.

Limits to pain and suffering damages

There are some states around the country that place limitations on the amount of money that can be awarded in certain personal injury circumstances. This is often the case when it comes to pain and suffering damages. However, the Arizona constitution prohibits placing caps on damages in personal injury or wrongful death cases. This means that juries in this state have total authority when deciding on the number of damages to award any personal injury lawsuit. In general, a judge will not reduce the damages that a jury awards unless the damages are so excessive that it would be considered unjust.

Contact an attorney for free consultation today

If you or somebody you love has been injured due to the careless or negligent actions of another party, contact the team at Torgenson Law today. We pledge to investigate every aspect of your case so we can secure compensation for your claim. This means properly calculating your economic and non-economic damages. We are not afraid to take on aggressive insurance carriers, and we have no problem taking your case to trial if that is what it takes to ensure you are properly cared for. When you need an Arizona personal injury attorney, you can contact us for a free consultation of your case by clicking here or calling (602) 759-0012.