Once a plaintiff is able to establish that the wrongful or negligent conduct of another caused the plaintiff “damage,” the law in Arizona permits the Plaintiff to recover for his or her losses. In Arizona, there are many categories of “damages” that a personal injury plaintiff may be entitled to.
The Mesa personal injury attorneys at Fleming & Monroe, PLC have the experience and knowledge to discuss all categories of damages an injured plaintiff may be entitled to. In general terms, a negligent defendant is responsible for all foreseeable consequences proximately caused by his or her negligent acts, which means, a successful plaintiff is entitled to compensation for all the natural and probable consequences of a defendant’s wrongful or negligent conduct. The burden always falls to the plaintiff to prove his or her damages. The categories of damages a successful plaintiff in an injury case may recover include, but are not limited to, the following: property damage, medical expenses (including prescriptions), future medical expenses, lost wages, future loss of earning capacity, pain and suffering damages, hedonic damages (noneconomic loss of life’s pleasures or the loss of enjoyment of life), mental anguish damages, damages to compensate for discomfort and annoyance caused by a temporary nuisance, loss of consortium damages, punitive damages (in some cases; these damages are designed to punish and deter a defendant’s culpable conduct and act as a means for the community to express outrage and distaste for such conduct).
Notwithstanding the foregoing, Arizona law is clear that, as a general rule, a party cannot recover damages for losses that a reasonable person could have avoided. Moreover, your damages must be reasonable and necessary given your injuries. And, in Arizona, a party cannot recover for injuries that pre-existed that incident, although a party can still recover for any exacerbation of a pre-existing injury. There are many issues that come up in determining which damages an injured party can be compensated for and insurance adjusters are trained to minimize all aspects of potential damages. If you or a loved one has been injured and has a question about their damages, please contact an experienced Mesa personal injury attorney at Fleming & Monroe, PLC to discuss your case for a FREE, NO OBLIGATION consultation. #personalinjury #personalinjuryattorney #personalinjurylawyer