A car accident can leave you with severe physical injuries, including a permanent disability. However, besides physical injuries, these accidents often leave victims emotionally distressed. From lengthy or frequent hospitalization disrupting your daily life to a disability leaving you unable to work, a car crash can leave deep emotional scars.
If you have been involved in a car accident, you might be wondering if you can sue for pain and suffering. The answer is yes. However, the compensation process for non-economic damages can be complex. It is advisable to seek the help of a skilled Arizona personal injury attorney.
The lawyer will help you understand ‘pain and suffering’ in legal terms, how it’s calculated, and how Arizona law affects your ability to recover these damages.
What Is Pain and Suffering?
Pain and suffering refer to both the physical and emotional injuries from a personal injury incident. Most states, including Arizona, classify pain and suffering as non-economic or general damages. Unlike economic damages like medical bills, lost wages, and property damage, you can’t put a dollar value on non-economic damages. Pain and suffering can include:
- Physical pain, including chronic pain, long-term discomfort, and ongoing medical issues.
- Emotional trauma like anxiety, depression, fear of driving, and post-traumatic stress disorder (PTSD).
- Loss of enjoyment, including inability to take part in hobbies or activities you previously enjoyed.
- Impact on relationships such as strain on family life or social interactions due to mental and physical suffering.
While they are hard to quantify or put a price on, these damages are very real, and you can seek compensation for them.
Can You Sue for Pain and Suffering in Arizona?
Yes, Arizona law allows you to sue for pain and suffering after a car accident. Arizona follows a fault-based system that requires the at-fault driver or their insurance company to compensate the injured party for both economic and non-economic damages. You can pursue compensation for pain and suffering either through an insurance claim or a personal injury lawsuit.
Most car accident cases reach a settlement through negotiations. However, non-economic damages are subjective, and the insurance company may try to undervalue your pain and suffering or dispute your injuries. In such cases, filing a lawsuit is often the best option to ensure you get fair compensation.
How Pain and Suffering Damages Are Calculated
Unlike medical expenses or car repair costs, which you can easily document, there isn’t a specific dollar value for emotional distress or chronic pain. However, insurers, personal injury lawyers, and courts often use the multiplier method or the per diem method to calculate pain and suffering damages.
- Per Diem Method – This method assigns a daily dollar amount to your suffering and multiplies it by the number of days you experience pain.
- Multiplier Method – This method multiplies your economic damages (like medical expenses) by a number, usually between 1.5 and 5, based on the severity of your injuries.
In both methods, several factors can affect the value of your damages, including the seriousness and duration of your injuries, and whether the injury affects your ability to work or enjoy life. Your age, overall health, and expert testimony can also affect the calculation of pain and suffering damages.
The Importance of Documentation in a Pain and Suffering Claim
Since non-economic damages are subjective, you will need proper documentation and strong evidence for a successful claim. Some of the evidence or documentation that can help support your claim includes medical records like diagnostic results and prescribed treatments. You also need to document mental health evaluations, including diagnoses from therapists or psychiatrists.
You can also document your physical injuries or scars through photos and videos. A personal journal with entries on your pain levels and how your life has changed is also crucial evidence. You can also record witness statements, including testimony from family or friends on how the accident has impacted you.
In essence, the more clearly you can show how the car accident has disrupted your life, the stronger your pain and suffering claim. A skilled car accident lawyer can help you gather evidence and calculate proper compensation.
Limitations and Legal Considerations
Some of the legal concepts that can affect your ability to recover pain and suffering damages include the statute of limitations, comparative negligence, and the damages cap.
- Statute of Limitations. Arizona has a two-year statute of limitations for personal injury claims. This means you must file your lawsuit within two years of the date of the accident, otherwise, you may lose your right to sue.
- Comparative negligence. Arizona uses the pure comparative negligence rule. If you are partially at fault for your accident, the law reduces your compensation by your percentage of fault.
- Damages Cap. Arizona does not cap non-economic damages in most personal injury cases. This means there is no set limit on how much you can recover, as long as you can prove your pain and suffering damages.
A knowledgeable Arizona personal injury attorney will guide you through these legal considerations and ensure you get fair compensation. The lawyer will also ensure you comply with Arizona-specific legal procedures.
Contact a Phoenix Car Accident Attorney
Seeking compensation for non-economic damages like pain and suffering can be complicated. While you can prove physical injuries through photos, proving chronic pain or emotional distress is not so straightforward. You may need the skills of an experienced personal injury attorney for proper documentation, investigations, and negotiations to have a strong claim for damages.
If you have been injured in a car accident, you may be wondering if and how you can recover compensation for pain and suffering. If you are in Phoenix, AZ, contact our skilled and experienced Phoenix car accident attorneys at the Karina Ordonez Law Office. We will help you navigate the complexities of recovering non-economic damages and ensure you get the compensation you need and deserve. Contact us today to schedule a consultation and learn more about our services.
