18 Sep 2024

By Kyle Brown

In Personal Injury

In Arizona personal injury claims, the term “damages” refers to the money a person seeks for injuries and losses caused by someone else’s wrongdoing. Damages can cover economic losses like medical bills and lost wages but also less tangible consequences, like pain and suffering. Courts determine damage amounts based on the evidence from both sides. Some states also place limits, or caps, on the amount of money a claimant receives. Here’s how Arizona handles damage caps in personal injury cases.

What are Damage Caps?

Damage caps are legal limits restricting the amount of money an injured party can receive in some Arizona personal injury settlements. In many states, these caps apply to non-economic damages like pain and suffering and/or punitive damages, which punish the defendant for especially egregious conduct. States with damage caps limit how much money a court can award regardless of the actual losses the injured party suffered. However, these caps do not typically affect economic damages because they compensate injured parties for measurable financial losses.

Does Arizona Cap Damages in Personal Injury Cases?

Arizona law does not cap damages in personal injury cases. This means injured people can recover money for the total amount of their losses, including both economic and non-economic damages. Arizona allows juries to decide on proper compensation without setting any arbitrary limits.

What Types of Damages Can I Receive?

In an Arizona personal injury case, you can receive three main types of damages: economic, non-economic, and punitive.

  • Economic damages cover measurable financial losses like medical bills, lost wages, and property damage.
  • Non-economic damages provide compensation for intangible losses, such as pain, suffering, emotional distress, and reduced quality of life.
  • Punitive damages do not compensate injured parties for their losses. Instead, they are awarded to injured parties to punish at-fault parties for extremely reckless or malicious behavior.

Punitive Damages Limitations in Arizona

There are no punitive damage caps in Arizona’s personal injury settlements, but there are restrictions.  Arizona law limits injured parties from pursuing punitive damages in cases involving public entities, such as cities, counties, or state agencies, or against public employees carrying out their job duties. However, you can seek punitive damages in cases against private individuals or businesses.

How Can a Personal Injury Lawyer Maximize Compensation for Me?

An Arizona personal injury lawyer can maximize your compensation by building a solid, evidence-based case on your behalf. This process includes gathering persuasive evidence, determining liability, and calculating the full extent of your losses, including projected future costs. Lawyers will also negotiate effectively with insurance companies to seek full and fair settlements. If your case goes to court, your attorney can present the evidence to a judge or jury and argue for the highest possible award at trial.

Contact an Arizona Personal Injury Attorney Now

If you suffered preventable injuries and want to pursue full compensation for your losses, contact Brown & Hobkirk, PLLC today to speak with our experienced personal injury attorneys. A member of our legal team can review your case and discuss your options in a free initial consultation. Call or fill out our online form now to get started.

Kyle Brown

Kyle primarily focuses on representing clients in serious personal injury claims and wrongful death cases. He also assists clients with estate planning, estate administration, divorce, family law and other related legal matters.
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