After a serious injury in Phoenix, you may be entitled to recover economic damages for your financial losses, non-economic damages for pain and suffering, and in rare cases punitive damages if the at-fault party’s conduct was especially egregious. Unlike many states, Arizona’s constitution prohibits any law that caps the amount of damages you can recover for a personal injury or death. That said, if you were partly at fault for the accident, your compensation can still be reduced. Understanding what categories of compensation apply to your situation, and how Arizona law treats them, is an important step in evaluating what your claim may be worth.
Economic Damages: Covering Your Financial Losses
Economic damages are intended to reimburse the calculable financial losses caused by your injury. These commonly include:
- Past and future medical expenses, including hospitalization, surgery, physical therapy, and ongoing treatment
- Lost wages from time missed at work during recovery
- Loss of future earning capacity if the injury affects your ability to work long term
- Costs of rehabilitation, assistive devices, or home modifications needed because of the injury
- Property damage, such as vehicle repair or replacement costs
For a serious or catastrophic injury, future medical and earning capacity losses often make up the largest portion of a claim, since ongoing care and lost earning potential can extend for years or a lifetime.
Non-Economic Damages: Pain, Suffering, and Quality of Life
Non-economic damages compensate for losses that are real but harder to assign a dollar value to. These typically include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement or scarring. In cases involving a spouse, a claim for loss of consortium may also be available, covering the impact of the injury on the marital relationship.
These damages tend to carry significant weight in serious injury cases, such as traumatic brain injuries or severe burns, where the long-term impact on a person’s daily life, relationships, and independence can be substantial, even after economic losses are fully accounted for.
Does Arizona Cap Personal Injury Damages
No. Arizona is one of a relatively small number of states whose constitution specifically prohibits capping personal injury damages. Article 2, Section 31 of the Arizona Constitution states that no law shall be enacted limiting the amount of damages to be recovered for causing the death or injury of any person.
This means the legislature cannot impose an arbitrary dollar limit on compensatory damages in a personal injury or wrongful death case, regardless of how severe the injury or how large the award might be. The value of a claim instead depends on the specific facts, the extent of the injury, and the evidence presented, rather than a statutory ceiling.
Punitive Damages in Rare, Egregious Cases
Punitive damages are meant to punish and deter particularly egregious conduct, rather than compensate the injured person, and Arizona courts apply a demanding standard before allowing them. In Swift Transportation Co. of Arizona, LLC v. Carman, the Arizona Supreme Court clarified that a plaintiff must prove, by clear and convincing evidence, that the defendant acted with an evil mind, meaning conduct that is outrageous, oppressive, or intolerable and reflects a conscious and deliberate disregard of a substantial risk of significant harm to others.
Ordinary carelessness or a simple mistake does not meet this standard. Punitive damages are reserved for cases involving conduct that goes well beyond typical negligence, such as extreme recklessness or intentional wrongdoing.
How Shared Fault Can Reduce Your Compensation
Arizona follows a pure comparative negligence rule under Arizona Revised Statutes Section 12-2505. If you were partly responsible for the accident that caused your injury, your total compensation is reduced by your percentage of fault, but you are not automatically barred from recovering. For example, if you are found 20 percent at fault, your award would generally be reduced by that percentage.
The one significant exception is that a claimant who intentionally, willfully, or wantonly caused or contributed to their own injury has no right to recover damages at all. Insurance companies often attempt to shift as much fault as possible onto the injured person to reduce what they must pay, which is one reason having strong evidence and legal representation matters.
Compensation in a Wrongful Death Claim
When a serious injury tragically results in death, certain surviving family members may bring a wrongful death claim under Arizona Revised Statutes Sections 12-611 through 12-613. Rather than applying a fixed formula, the law directs the jury to award damages it deems fair and just with reference to the injury the death caused to the surviving parties entitled to recover, while also considering any mitigating or aggravating circumstances surrounding the death.
In practice, this can include compensation for the loss of the deceased’s love, companionship, and guidance, loss of financial support, funeral and burial expenses, and other losses tied to the death. Wrongful death claims involve their own procedural rules regarding who may bring the claim, so early legal guidance is especially important.
Deadline to Pursue Compensation
Under Arizona Revised Statutes Section 12-542, most personal injury and wrongful death claims must generally be filed within two years of the date of the injury or death. Missing this deadline typically means losing the right to pursue compensation through the courts, regardless of how serious the injury.
If a government entity may share responsibility for your injury, the timeline is much shorter. Arizona Revised Statutes Section 12-821.01 requires a written notice of claim within 180 days of the injury before a lawsuit against a public entity can proceed. Because serious injury cases often take time to fully understand, including the extent of future medical needs, it is best to consult an attorney as soon as possible after the injury occurs.
Talk to a Phoenix Personal Injury Lawyer
Understanding the full scope of compensation available after a serious injury, and building the evidence to support it, can make a significant difference in your recovery. Kamper & Estrada, PLLC represents injured clients throughout Phoenix, handling catastrophic injury claims and wrongful death cases, as well as broader personal injury matters.
If you or a loved one suffered a serious injury in Phoenix, call (602) 875-0006 to discuss what compensation you may be entitled to.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.