What is a claim for pain and suffering?
A claim for pain and suffering is a type of legal claim that seeks compensation for physical and emotional distress caused by an injury or accident. In Arizona, victims of an accident are allowed to file a civil lawsuit in order to obtain monetary compensation for their pain and suffering. This type of claim is also known as a tort claim and includes suffering such as anxiety, depression, fear, and shock. To be successful with a pain and suffering claim, a plaintiff must be able to prove that the defendant was at fault for the accident that caused their injuries. Evidence that can help prove fault includes witness or expert testimony, pictures of the accident scene, and police reports. Plaintiffs must also provide evidence of the amount of pain they have suffered, such as medical reports and testimony from doctors. In Arizona, plaintiffs are limited to the amount of damages they can seek for pain and suffering in a civil lawsuit. This includes both “economic” and “non-economic” damages. Economic damages refer to financial losses, such as medical bills, lost wages, and property damage. Non-economic damages are for non-financial losses, such as pain and suffering. The amount of compensation awarded is usually determined by a jury, but can also be subject to a settlement agreement.
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