Personal injury damages are the specific kinds of harm and losses that stem from an underlying accident or injury — and what the injuries cost the injured person monetarily, physically and mentally.
Once a plaintiff (i.e., the person who initiates the lawsuit) 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.
Personal Injury Damage Categories
In Arizona, there are many categories of damages that a personal injury plaintiff may be entitled to. At Fleming & Monroe, we 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. And 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:
- Property damage
- Medical expenses (including prescriptions)
- Future medical expenses
- Lost wages
- Future loss of earning capacity
- Pain and suffering damages
- Hedonic damages (non-economic 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)
Arizona law is clear that, as a general rule, a party cannot recover damages for losses that a reasonable person could have avoided. Additionally, your damages must be reasonable and necessary given your injuries. 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.
Insurance Industry Background Benefits You
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. Both of our attorneys, Jacob Fleming and Bob Monroe, worked in the insurance industry. They used to defend companies and individuals from all types of personal injury claims, including auto accidents, slip and falls, catastrophic injuries, dog bites and wrongful deaths.
Today, Jacob and Bob’s insurance defense experience gives them a competitive advantage on how best to pursue insurance companies on a personal injury plaintiff’s behalf. They understand how insurance companies evaluate personal injury matters and use their “insider’s advantage” to obtain the best possible results for our firm’s personal injury clients.
Fleming & Monroe are Experienced Personal Injury Attorneys
If you or a loved one has been injured and has a question about a personal injury matter and the associated damages, please contact us to discuss your case for a free, no-obligation consultation.