Arizona is a comparative fault state, which means someone can receive compensation from an accident claim even if they are found to be partially at fault.
Economic damages from an accident are determined by lost employment or wages in addition to the cost of medical bills. Non-economic damages are determined by multiplying the total economic damages by a factor that aligns with the severity of the injuries.
Arizona does not cap its fault, which means someone who is determined to have been overwhelmingly at fault, even if it’s 99%, can still receive compensation from a settlement.
After someone has been injured in a car accident, the primary focus is recovery. But it’s hard to ignore the damages the accident has caused. From property to physical injuries to missed work and the medical bills that come from receiving treatment, things can add up.
When someone files a personal injury claim, to receive compensation for the damages they’ve incurred, it makes sense to wonder how that compensation is determined. It goes without saying that damage can be subjective because some of it isn’t necessarily visible. Mental anguish and anxiety, for example, don’t come with a receipt for reimbursement like a paint job or new windshield do.
Understanding economic and non-economic damages is one place to start to gain a better picture of how compensation is determined.
A number of factors influence how a personal injury claim is settled after an accident. Economic damages, such as medical bills and lost wages, are totaled with the help of documentation. And this total is vital to calculating non-economic damages, so it’s critical to keep track of all of these expenses and losses.
Many times, to prove lost wages, a personal injury attorney would need to see earnings before, during and after an injury. Employer confirmation on the days and hours that were missed due to the accident may also be helpful, as would any doctor’s notes that detail work restrictions.
Non-economic damages are then determined by multiplying the total economic damages by a factor between 1.5 and 5. That subtotal is added to the settlement amount, to account for pain and suffering incurred from an accident. The size of the multiplier is determined by the severity of the injuries, the estimated recovery period and the impact the accident and the injuries from it will have on a person’s life.
Accidents with minor injuries, like sprains or bruises that leave no lasting effects, may receive a multiplier of 1.5-2. While accidents that result in catastrophic disability, psychological trauma or loss of mobility or quality of life, are subject to a multiplier of 5 or more. Injuries that require surgery or leave visible scarring, fall between on the multiplier spectrum.
Compensation levels for accidents that result in injuries can vary from state to state. Arizona is known as a comparative fault state, which means those injured in an accident can receive compensation even if they are partially at fault.
That compensation, however, is reduced by the factor to which they are determined to be at fault for the accident. So, compensation can vary from case to case, based on a number of factors, including the comparative fault ratio that is determined.
And, Arizona does not cap its fault. That means someone can be overwhelmingly at fault, even up to 99% liable, and still seek compensation. For example, once damages are determined and assigned a dollar amount, that amount is reduced by the percentage of fault an individual has in the accident.
Compensation after an accident that results in injuries can be complicated. The claims process includes deadlines, most specifically the two-year statute of limitations from the date of an injury to file, and it requires proof of losses.
While money can buy happiness, it can pay for medical bills, cover lost wages and help individuals accommodate their daily lives after life-changing circumstances.
No one should go up against insurance companies alone. The team at Torgenson Law is here to support you through this process, ensuring your best interests are represented. If you’ve been involved in an accident, reach out to our team today.
No pressure, no upfront costs, just answers from a legal team that takes your recovery personally.
John Torgenson is a highly experienced personal injury lawyer with over 20 years of practice in Arizona. He earned his Bachelor’s degree from the University of Utah and his Juris Doctor from Notre Dame. John has a proven track record of securing substantial verdicts and settlements, including an $8.25 million recovery for a gunshot injury victim. His expertise has earned him AVVO ratings and recognition as a Super Lawyer.
John is also a sought-after lecturer on personal injury law, sharing his extensive knowledge with peers and aspiring attorneys. Beyond his legal practice, John is an avid golfer and actively supports organizations like the Military Assistance Mission, Arizona School for the Arts, Page Balloon Regatta, University of Arizona Foundation, Junior Achievement of Arizona, and the Tim Huff Pro Bono Golf Classic.
Passionate about advocating for injury victims, John dedicates his career to battling insurance companies and corporate interests, ensuring that the rights of those who are hurt are vigorously defended.
