Suing for Non-Economic Damages in Arizona
After an injury or accident, being awarded economic damages can help compensate you for your medical bills or loss of employment. However, this does not compensate you for all of the physical and emotional pain you suffered. That is where non-economic damages come in.
Non-economic damages cover the unseen and often overlooked effects that injuries cause. Pain, suffering, and emotional distress are just a few examples of the types of personal injury damages you can claim.
What Are Non-Economic Damages?
This type of damage is to compensate you for any losses you might have suffered that are intangible. An intangible loss would be something like pain and suffering, distress, or the loss of a relationship. It can also be the loss of an ability to enjoy your favorite activities—for example, a spinal injury could keep you from riding your motorcycle again.
While money cannot make the pain stop or keep nightmares away, it might help alleviate some stress so you can start to rebuild your life. There are different types of non-economic damages that you can claim. Knowing which type of damage to claim will help you prepare the evidence for your case. The most common types of evidence you would need for these types of damages is records of injuries, statements from doctors and therapists, or even statements from friends and family members.
Types of Non-Economic Damages
1: Pain and Suffering
You can sue for the physical pain, discomfort, and emotional suffering that come along with healing from an injury.
2: Emotional Distress
Depression, anxiety, and post-traumatic stress disorder are all types of mental anguish that can be considered emotional distress.
3: Loss of Enjoyment of Life
If you have had to stop doing the activities and hobbies you enjoyed before your injury, you can request compensation for that loss. Or if you are no longer able to attend social gatherings and are living a more isolated and lonely life, that also counts as loss of enjoyment.
4: Loss of Consortium
Injuries can also affect your personal relationships, and even lead to a breakup or end a friendship. The loss of the ability to show affection, communicate, offer support, or share intimacy after an accident or injury can be considered a loss of consortium.
How Are Non-Economic Damages Calculated?
Since these types of losses are subjective and have many emotional factors, they can be difficult to calculate. The court will listen to testimony about your mental state before and after the accident. They will also take the following factors into consideration:
- The type of injury and any current medications
- The length of recovery, or permanence of the injury
- Your ability to perform activities you once enjoyed
Arizona has no limit on the amount of damages you can ask for. But as far as the amount awarded, it’s up to the court to decide how much you are entitled to. If they feel you are eligible for damages, but not as much as you asked for, they may award less. Or if they decide your case does not warrant non-economic damages, they may award none at all.
Insurance policies are all different, but non-economic damages are often included as a part of insurance payouts.
A Personal Injury Lawyer Should Look at Your Case
You don’t have to suffer because of someone else’s negligence, but filing a personal injury suit in Arizona can get extremely complicated. If you want to win your case, you need the right lawyer on your side.
The experts at Van Norman Law can help you decide which types of non-economic damages to claim. We will fight for you to get every bit of the compensation that you deserve. Contact us to schedule a consultation today.
Images used under creative commons license – commercial use (9/24/23).Photo by Kristina Tripkovic on Unsplash.