Injured in a car crash in Arizona? Here’s why you should not accept the first offer: Insurance companies won’t tell you just how much you are entitled to receive. Those quick offers (no matter how large the sum may appear) might not be enough to fund your complete recovery. In case you haven’t heard, there are different types of damages that you can claim in a car accident case. Here is a guide on car accident compensation to help you understand just how much your case might really be worth. 

Compensatory Damages

Simply said, the court awards compensatory damages for accident-related expenses. It includes all the bills incurred and the things you have lost due to the accident. Compensatory damages have two distinct categories: Economic Damages and Non-economic Damages. Understanding the difference can prevent you from undervaluing your case, or worse, accepting less than you deserve.

Economic Damages

Economic damages are the direct financial losses from the accident. These are the bills you can easily add up. Since they’re tied to real numbers, economic damages are easiest to prove. You can point to a bill, a receipt, or a pay stub and show exactly how much the injury cost you. 

Medical expenses 

If you’ve been injured in a car accident, your economic damages might include your emergency room bill, medication, and surgery. Moreover, this should include projected expenses for future treatment, such as follow-up doctor visits. If you need further rehabilitation, you should also account for physical therapy sessions, home modifications, and specialized mobility equipment. 

Lost wages and loss of earning capacity

If your injuries forced you to miss work, your lost wages are also part of this category. The at-fault party should compensate you for the income you lost while you were absent from work due to your injuries. In addition, take into account the income you may lose in the future if your ability to work has been affected. A car accident lawyer can help you assess your loss of earning capacity – an estimate of how much income you’re likely to lose over time. Your pay stubs will serve as documentation, as well as bills and receipts if you are self-employed. 

Property damage

Whoever is liable for the car accident should pay for the necessary repairs for your damaged vehicle. If it was totaled, then the compensation must be enough to cover the replacement cost at its current market value. Of course, you will need a temporary vehicle during the process of repair or replacement. Therefore, include the cost of getting a rental car. 

Property damage extends to the material belongings inside the vehicle during the time of the accident. For example, one of our clients lost her earrings during the crash. Also, her laptop was broken due to the sudden impact. Hence, we accounted for the cost of personal belongings that were lost and damaged in the accident.      

Non-Economic Damages

Non-economic damages are the human impact of your injury. These are the losses you cannot easily measure with a calculator. Though these do not come with receipts, they are just as real and should be included in your car accident compensation.

Pain and suffering 

If you’ve been injured, you already know this part. It’s the pain that keeps you up at night. Months of chronic pain can make it difficult for you to get enough sleep. It may also affect your mobility; thus, you should file a claim for your suffering. 

Emotional distress and PTSD

That anxiety you feel upon getting back behind the wheel also happens to other car accident victims. Emotional distress or trauma can bring flashbacks of the impact, which is why victims may try to avoid driving again. 

Loss of enjoyment of life

It’s the sadness when missing out on family events, hobbies, or even just your normal daily routine. Most victims tend to avoid socializing due to reduced mobility, as well as self-esteem issues from scarring and disfigurement. 

Loss of consortium for spouses

This refers to the frustration of being unable to do what you used to do, such as supporting your partner with companionship and care. The law recognizes the effect your injury has on your relationships.

That’s the emotional strain that follows you through. These are the losses that affect your quality of life. Because non-economic damages lack clear dollar amounts, insurance companies often seek to minimize them. They may argue that your pain is not that severe or that your life has not really changed as much as you claim.

An Accident Journal can Help Prove your Claim 

For your non-economic damages, it would be helpful for you to use an accident journal. We offer you our downloadable version for free – click here. As we have mentioned in our previous blog posts, it is a collective documentation of the post-accident effects on your daily life. You can use it to:

• Log your checkups and rehabilitation schedules.
• Track the severity of your injuries through the pain scale rating system.
• Add notes to help you and your doctor observe how the pain changes over time.

As stated in the Federal Rules of Evidence, recorded recollections have more weight if journaling is done as a regularly conducted activity. Unlike some states that impose caps, Arizona courts do not limit the amount of damages a person may recover for injury or death. Therefore, if your injury has deeply affected your life, the law permits that impact to be fully reflected in your compensation.

Punitive Damages

The court gives punishment for gross negligence, recklessness, and intentional misconduct. It applies to the willful and conscious disregard of the rights or safety of others. When car accidents happen because of someone’s egregious behavior, this is where the court awards punitive damages. In car accidents, punitive damages may apply if the at-fault driver was:

Grossly negligent – drunk driving/DUI, distracted driving, extreme speeding

Reckless – illegal street racing

Causing intentional harm – road rage, hit-and-run

The Rule of Comparative Fault 

Arizona uses the pure comparative negligence system. This rule reduces the amount you may receive by your percentage of fault. This applies to both economic and non-economic damages. On the other hand, if the other party is fully liable for the car accident, you may receive the full compensation amount for your damages. 

In the end, understanding the types of damages covered by car accident compensation can help you ensure that every part of your loss is accounted for. An experienced car accident lawyer can help you recognize what your case is truly worth, so you can receive what you truly deserve.