Are There Damage Caps on Personal Injury Lawsuits in Arizona?
If you are planning on filing a personal injury lawsuit, you might have encountered the term “damage caps.” Damage caps restrict the amount of money you are able to receive from another person during a personal injury lawsuit. These limits vary from state to state and according to the type of case. This can be problematic for those seeking damages, as the law’s limit might not equal the losses the plaintiff suffered.
While Arizona does not have damage caps specifically, understanding the state’s limitations on awarding monetary damages is important. So is having an experienced personal injury lawyer on your side—they can help you claim the maximum amount of compensation that the court will allow.
Does Arizona Have Limits on Damages in Personal Injury Cases?
No. In Arizona, there are no limits on the amount of damages you can ask for in a personal injury lawsuit. However, that does not necessarily mean you will win the amount you requested.
The amount of damages awarded will depend on the court’s ruling. Factors like the plaintiff’s culpability in the incident or the defendant’s mindset can affect the outcome of a personal injury case. When building a case an experienced personal injury lawyer will factor all of this into the case.
Arizona Recognizes Three Types of Damages in Personal Injury Cases
In Arizona, you can sue for economic damages, non-economic damages, punitive damages, or all three. Since Arizona has no damage caps, you can ask for any amount. However, the court will only award compensation at its own discretion, based on the case and the type of damages.
Economic Damages
This is often the easiest type of damages to win, because the total can be easily proved and calculated. Economic damages are the financial losses you suffer after an incident. This can look like medical bills, property damages, or lost wages. Since these losses often come with concrete paperwork—such as medical bills, contractor invoices, or employment records—it’s easier to prove your claim.
Non-Economic Damages
Non-economic damages cover things like continued pain from the incident, new mental disorders like post-traumatic stress disorder, or loss of enjoyment of life. There is no limit to the amount you can ask for, but the court will look at many factors before making a choice on if they will award any damages.
Typically, they will look at the permanence of an injury, your mental state before or after an incident, and several other factors before making their decision. Asking for too much can come across as insincere while asking for too little limits what a court may award you. A good personal injury lawyer can help you set the right balance.
Punitive Damages
In rare cases, punitive damages may be used to punish a defendant or as a deterrent to keep them from continuing their dangerous behavior. Punitive damages are rarely awarded in Arizona, as they require proof that the defendant acted with an “evil hand and evil mind.”
Filing a Personal Injury Lawsuit in Arizona
Personal injury lawsuits can get complicated, and understanding the legal terminology is only part of the battle. A good lawyer will not only help you calculate the maximum amounts you may sue for, they will also help you collect the evidence needed to support your case.
Here at VanNorman Law, we have over 25 years of experience in bringing personal injury lawsuits to court in Arizona. We know how to build a strong case and how to ensure that you get significant compensation for your suffering. If you want to file a personal injury lawsuit in Arizona, contact us today for a consultation on your case.
Images used under creative commons license – commercial use (10/16/24). Photo by Pepi Stojanovski on Unsplash.