Pain and suffering are the legal jargon that describes both the physical as well as mental hardships a victim had to endure after an accident. Physical pain includes the pain from the initial injuries from the accident as well as the prolonged challenges and trauma that will continue long after the accident. Mental pain and suffering are for the cognitive toll that the accident and injuries have taken and can come in the form of stress, anxiety, fear, anger, humiliation, emotional distress, and loss of enjoyment in life to name a few.
Any crash can cause some amount of pain and suffering, especially if there are injuries. In all accident suits, the plaintiff will pursue tangible costs that have receipts associated with them. These will have the totals more easily calculated. However, pain and suffering costs aren’t as easily tabulated because they are more abstract which makes proving their existence much more difficult.
In minor accidents, pain and suffering can certainly exist but establishing their validity is harder than when an accident is catastrophic.
Each state uses its system for insurance payouts. There are 12 states in the nation that utilize the no-fault system. A no-fault state can be quite complex in how accident victims handle the aftermath of their ordeal because it is not as straightforward as at-fault, or tort states.
No-fault states don’t allow for personal injury claims or pain and suffering to be pursued in the majority of cases. Only in situations where the accident leads to excessive medical bills over a certain amount. That amount also is different in each state. Some states have a “serious injury” threshold that must take place to move forward with a claim. Even the details of what is considered a “serious injury” varies across states.
In Arizona, we follow the tort system which is a fault-based liability system. When one party is deemed to be at fault, they are liable and responsible to pay for damages that resulted from the accident. In Arizona, victims are responsible to prove that the harm you endure is a direct result of the accident and the negligence of the other party.
There is a lot to consider when thinking about pursuing a claim. An experienced Phoenix automobile accident attorney will be able to break down your accident situation and advise you on your options. These legal professionals will calculate a fair amount to expect if you have a valid case to pursue compensation. Because there are no specific rules for determining a final amount, the wisdom of an Arizona serious injury attorney at ELG who has years of experience working accident cases will understand what the accepted formula is to calculate a realistic outcome.
The statute of limitations for filing a personal injury claim in Arizona is 2 years, so if you believe you have a case, you must connect with an attorney promptly so you don’t miss the deadline to file. It is extremely challenging, if not impossible to claim compensation once the deadline has passed.
When a negligent party was responsible for an accident that caused you injury, contact ELG’s team of Arizona personal injury attorneys at (623) 321-0566 to set up a free consultation for discussing your case at either or Phoenix or Mesa law offices.
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