Damages Which Can Recoup Compensation After an Accident in Arizona
When a personal injury occurs, the victim can seek compensation for damages. The settlement that is distributed comes out of compensatory damages, which are going to be either special or general. To ensure you receive the highest amount of compensation for your losses, it is worth becoming familiar with both of these types of compensatory damages so you can understand your options moving forward.
Special damages are the direct financial losses you have suffered as the result of an accident. These costs are generally quantifiable and easy to prove. They can be:
Medical Expenses – hospital bills, medical tests, therapies, visits to a doctor, etc. All receipts, reports, and documentation that are associated with these expenses should be kept on file for a more accurate calculation. The costs associated with the medical treatment you receive can be for current treatment as well as future requirements.
Lost Wages – Injuries can cause an individual to stop working for some time or not be able to work again. They can even cause someone to lose their ability to do their current job and force them to take another job that may reduce their ability to make the income they had before the accident. These damages can be for a short period after the accident and they can also continue if one’s injuries are severe enough that the victim’s earning potential is affected for the long-term.
Out-of-Pocket Expenses – Anything you have to purchase as a result of the accident including:
OTC medications and prescriptions
Medical equipment like crutches
Driving expenses, mileage and gas
Personal Property – Damages to your personal property can also be collected. The most common in the event of car accidents is the damages to your vehicle. If you had other property that was damaged from the accident this can also be included, think cell phone, laptop, jewelry, etc.
While special damages are more tangible and more easily calculated, general damages are more abstract and harder to assess. These damages are not always awarded to victims and it takes a qualified and experienced Phoenix personal injury attorney to be able to articulate and negotiate these costs.
Pain and Suffering – The intense pain, discomfort, and degradation of daily life from what it was before the accident occurred are all classified in this type of damage. The more severe the injuries the larger this amount can be and medical expert reports and testimony may help to increase your chances of receiving compensation as well as the amount of compensation you receive.
Emotional Distress – It is common to have some degree of trauma stemming from the shocking impact of an accident and the psychological hit taken from the incident can be hugely emotional. The fear that becomes you may include:
Loss of Consortium – When an accident has taken an immense toll on your life so much so that your relationships are affected by your inability to resume connections, this can be calculated damages. Examples would be sexual dysfunction or such strain in a relationship that results in divorce.
Punitive Damages – When an accident has maliciousness or serious recklessness associated with it, a jury may add additional monetary rewards on top of the settlement as a form of punishment for the destructive and unacceptable behavior of the defendant. There are no caps on this amount, so they can be any amount as determined in court.