What types of damages are available in a personal injury claim?

In Arizona, a personal injury claim can seek damages for economic, non-economic, and punitive damages. Economic damages include medical expenses, lost wages, and property damage. Non-economic damages cover pain and suffering, emotional distress, and inconveniences caused by the injury. Finally, punitive damages are intended to punish wrongdoers and deter them from engaging in similar conduct in the future. Usually, punitive damages require a showing of malice or willful and wanton conduct. In Arizona, plaintiffs may also seek what is called “comparative negligent” damages. This means that if both the plaintiff and the defendant are found to have contributed to causing the accident, the plaintiff’s damages can be reduced based on the percentage of fault assigned to them. For example, if the defendant is 70% liable and the plaintiff 30% liable, the plaintiff’s damages award may be reduced by 30%. In addition, the injured person may be able to recover “loss of consortium” damages. This means that a spouse or other family members may be able to recover damages for the emotional distress caused by the injury to the other family member, such as loss of companionship, guidance, or sexual relations. Lastly, an injured person can seek damages for the costs of long-term care, such as nursing home costs, if the injury caused them to become disabled and unable to care for themselves. These are known as “special damages” and must be supported with evidence that the costs were reasonably related to the injury.

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