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Posted in Arizona Injury Laws on October 24, 2022
Any person who sustains an injury caused by the negligent actions of another individual, business, or entity in Arizona deserves compensation for their losses. This not only includes the calculable losses one would expect after an incident like this, such as medical bills, lost wages, and property damage expenses but also includes the more immeasurable losses, such as pain and suffering. Here, we want to discuss how pain and suffering damages are calculated in an Arizona personal injury claim.
One of the most popular methods for calculating non-economic damages in an Arizona personal injury claim is the “multiplier method.”
Using this method, an attorney will first add up all of the calculable economic expenses related to the injury. This includes medical bills, property damage expenses, rental car assistance, lost wages, out-of-pocket expenses, etc. After adding up all of the economic losses related to the injury, an attorney will multiply that total by a set number. Using this method, an attorney will usually use a number ranging from 2 to 5.
For example, let us suppose an individual sustains a traumatic brain injury as a result of a vehicle accident caused by another driver. Let us further suppose that the person experiences $100,000 worth of economic damages related to the incident. An attorney could use a multiplier of “three” and multiply this by the $100,000 to reach a non-economic pain and suffering damage total of $300,000. Overall, the attorney would ask for $400,000 on behalf of their client.
Another method that could be used to calculate pain and suffering damages and Arizona includes the “per diem” method. Using this method, there will be a dollar value assigned to every day of pain and suffering a person is expected to endure.
For example, suppose that person is expected to endure pain and suffering for two years as a result of their injuries. An attorney could assign a daily dollar value of $300 to every day the person is expected to endure pain and suffering. Overall, this would mean multiplying $300 by 730 days to reach a non-economic pain and suffering damage total of $219,000. This pain and suffering total would then be added to the economic damages the client endured.
There are no limitations, or caps, related to pain and suffering damages in Arizona. Some states do place caps on non-economic damages, but this has been found to be against the Arizona constitution.
It is absolutely crucial to have a skilled personal injury attorney by your side after these incidents occur. Adequately calculating total losses can be challenging, but an attorney will use their resources to enlist assistance from economic and medical experts. By working with an attorney, you will have an advocate with the experience necessary to negotiate with insurance carriers and present their findings to a personal injury jury if necessary.