What are damages for pain and suffering in Yuma?
Yuma, AZ – When someone has been injured in an accident in Arizona, they are able to file a lawsuit and argue for various kinds of compensation to cover their losses. This is often done with the help of an injury attorney, who will argue that their client should receive a settlement or jury verdict that is sufficient to cover their losses.
Damages in civil lawsuits
There are economic damages, punitive damages, and non-economic damages for pain and suffering in civil cases. The specific damages that are available in any case can vary based on the particulars of any incident. Non-economic damages are the most difficult to understand in most cases, because they are not necessarily tied to a specific tangible loss or numeric value. Based on the state’s comparative negligence laws, the plaintiff may lose a portion of their total damages if they are found to be partially at fault for their own injuries.
How are damages for pain and suffering calculated?
The plaintiff’s attorney is essentially allowed to argue for various kinds of trauma, mental stress, emotional problems, and physical pain to be turned into a dollar amount by the jury. However, there is some guidance based on common practice in the insurance industry and from personal injury lawyers. It is common for lawsuits and insurance claims to use a number value that is multiplied against the compensatory damages. The range of numbers is between one and five depending on the severity of the injury. This means that non-economic damages tend to range from being equal to the amount of economic damages, up to five times the amount for very severe injuries.
Arizona also does not place maximum damage caps on the amount that can be awarded for pain and suffering.
Damages and settlement negotiations
Much of the legal work done to secure damages for an accident victim happens during settlement negotiations. This is when the attorney for the plaintiff meets with the defense attorneys for the insurance company or person responsible for the injuries. Settlements have become much more common than trials, as it is likely that the plaintiff and defense lawyers can agree upon a number that will compensate the victim for both their economic losses and pain and suffering. The length of settlement negotiations can vary based on the total amount of evidence tied to the case and complexity of related legal issues. Overwhelming evidence of fault can also make settlement negotiations go more quickly.
Talking with an injury attorney to learn more
Schneider and Onofry is an experienced personal injury firm that helps people throughout the state of Arizona, including the Yuma area. Their attorneys can provide advice about accident lawsuits and related matters.
Firm contact info:
207 W. 2nd St., Yuma AZ 85364
928-257-4887
soarizonalaw.com
