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Understanding Arizona’s Pain and Suffering Laws

January 17, 2023 By John Torgenson

Pain and suffering laws play a significant role in traffic collision settlements. Pain and suffering is a legal term used to describe the physical and emotional distress caused by an injury, such as a car accident. Pain and suffering compensation Arizona accident victims can expect is a monetary award for the physical and emotional pain caused by the accident.

The compensation amount is typically determined by the severity of the injury, the length of the recovery process, and the amount of economic loss suffered. If a person has suffered severe emotional trauma due to the accident, such as post-traumatic stress disorder, they can also be awarded an additional amount for the emotional distress.

Types of Claims

Most people are familiar with the term “pain and suffering,” but they may not realize that there are different types of pain and suffering claims. Under Arizona’s pain and suffering laws, there are three primary types of pain and suffering claims: physical pain and suffering, mental pain and suffering, and emotional distress.

  • Physical pain and suffering. This is the physical pain and discomfort that a person experiences as a result of an injury. This can include both the initial pain from the accident as well as any ongoing pain that is a result of the injury.
  • Mental pain and suffering. This is the anguish and distress that a person experiences as a result of an injury. This can include fear, anxiety, depression, and other mental health issues.
  • Emotional distress. This is the emotional trauma that a person experiences as a result of an injury. This can include nightmares, flashbacks, anxiety, and depression.

What are the Hurdles to Recovery?

There are many hurdles to recovery after an accident. The first hurdle is often the most difficult, like coming to terms with the fact that you have been injured and that your life has changed. This can be an emotionally painful process. Accident victims may feel angry, helpless, and depressed.

The second hurdle is working through the physical pain of your injuries. This can be extremely difficult and frustrating. You may feel like you will never be able to live a normal life again. It is important to remember that there are treatments available to help you cope with your feelings.

The third hurdle is dealing with the financial impact of your accident. This can be an incredibly stressful time as you try to figure out how you will pay your medical bills and support yourself and your family. If you have been injured in an accident, you may be entitled to financial compensation from the party responsible. An experienced personal injury attorney can help you recover the compensation you deserve.

The fourth hurdle is dealing with the emotional impact of your accident. This can be a very trying time as you attempt to come to terms with what has happened. Many people feel guilty, ashamed, and scared after an accident.

What is the Statute of Limitations?

In the state of Arizona, the statute of limitations for filing a personal injury lawsuit is between 180 days to two years from the date of the injury. If you did not file a lawsuit within that period, you may lose your right to recover compensation.

It is important to note that the statute of limitations is not always cut and dry. There are certain circumstances that can toll, or pause, the statute of limitations. For example, if you were a minor at the time of your accident, the statute of limitations may be paused until you turn 18.

If you have been injured and believe that you may be entitled to recover damages for your pain and suffering, it is important to speak with an experienced attorney who can help you navigate the process and ensure that your rights are protected.

Why Call Torgenson Law?

At Torgenson Law, you are more than just another insurance case, you’re a victim that deserves the best legal representation. Our experienced attorneys are expert trial lawyers who will stand up and defend your rights in court, if necessary.

Our staff will work to uncover every single detail of your case, and we are dedicated to helping you recover the compensation you deserve for your pain and suffering. Contact us today.

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John Torgenson

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.