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Calculating Car Accident Damages in Phoenix

Calculating Car Accident Damages in Phoenix

Shapiro Law Team July 3, 2024 Car Accidents

If you’ve been involved in a car accident in Phoenix, AZ, you might be wondering how to determine the damages you can recover. Once the shock wears off and you receive the necessary treatments for injuries sustained, it’s time to talk to a lawyer. Talking to a lawyer is always a good idea after a Phoenix car accident case because they can help you calculate the total damages. These damages cover medical bills, lost wages, vehicle repairs, pain and suffering, and more.

Learn more about car accident damages and how you can get compensated. We’ll cover topics like:

  • The average amount of car settlements in Arizona
  • What kinds of damages exist in car accident cases
  • How damages are calculated in car accident cases
  • If there are caps on monetary compensation for any damages
  • How long it takes to settle a claim and get compensated

Average Car Accident Settlements in Arizona

A car accident settlement is when a victim receives financial compensation to help cover any injuries, losses, and damages caused by the accident. The amount car accident victims get varies, and depends on many factors. The average car accident settlement in Arizona can be anywhere from a few thousand dollars to hundreds of thousands. Settlements often depend on the kind of injuries those involved in the accident sustained, who is at fault, and other kinds of losses.

To accurately calculate damages in a Phoenix car accident case, attorneys evaluate your case by going over the three types of recoverable damages in a car accident: economic, non-economic, and punitive.

Average Car Accident Settlements in Phoenix

Recoverable Damages After a Car Accident

Economic Damages

Economic damages are awarded to a car accident victim to compensate for any financial or material harm they have endured. Economic damages are decided based on tangible losses, such as:

  • Any medical expenses incurred, such as the cost of X-ray scans, emergency room visits, prescription medicine or any treatments
  • Anticipated future medical costs, such as ongoing physical therapy or ongoing treatment
  • Lost income from missed work and future missed work
  • Decreased long-term earning capacity
  • Cost of lost irreplaceable items
  • Repair and replacement costs for any damaged property in the accident, such as a totaled car

Economic damages are usually totaled by calculating the sum of all the plaintiff’s bills and expenses, while also projecting any future expenses.

Non-Economic Damages

Non-economic damages include the physical harm someone sustains due to the accident. These types of damages cannot be measured financially and are intangible losses. They include:

  • Physical pain and discomfort or chronic pain that comes from common car accident injuries, such as nerve damage, a traumatic brain injury, neck and spinal cord injuries, internal organ damage, loss of limbs, and more
  • Emotional distress and mental anguish as a result of the accident, such as panic attacks, depression, anxiety, PTSD, sleeping disorders, or embarrassment about disabilities
  • Diminished quality of life and loss of enjoyment of life, which includes the inability to return to work, not being able to care for personal needs, no longer being able to participate in activities you love, or the inability to conceive children

Punitive Damages

Punitive damages, also known as exemplary damages, are awarded to punish the defendant in the case that their negligence or actions caused harm on purpose. For example, if a driver was driving recklessly or under the influence, the court could make them pay punitive damages to the plaintiff. This is an additional sum to the economic and non-economic damages to be awarded.

phoenix car accident lawyer

 

How Are Car Accident Damages Calculated?

The way damages are calculated in Phoenix car accident cases depends greatly on what kind of damages are awarded. For economic damages, the total sum of all expenses and bills is calculated and then presented to the judge. For non-economic damages, the process is different.

Arizona doesn’t follow a standard formula for calculating non-economic damages for all personal claim injuries. That means that personal injury attorneys and insurance companies can use any of the following methods to place a monetary value on non-economic damages like pain and suffering:

1. The Multiplier Method

The multiplier method bases the amount of money someone should get for non-economic damages on a multiple of the total value of economic damages. A number between 1.5 and 5 is multiplied by the number of economic damages to get the value of non-economic damages. This number, also known as the multiplier, is determined by attorneys who evaluate the extent of the injuries. The higher the multiplier, the higher the amount of compensation you will get for non-economic damages.

The factors that attorneys and legal experts consider when finding the right multiplier include:

  • The type of injuries sustained
  • The severity of injuries
  • Whether the plaintiff can return to work or not
  • If there will be extensive medical treatment or ongoing therapy
  • How long your recovery will take
  • How many injuries may impact relationships with other people

Typically, the more catastrophic and serious an injury is, the higher the multiplier is. Although all injuries are traumatic, injuries that cause long-term paralysis or disfigurement, as opposed to broken bones, contribute to a higher multiplier.

2. The Per Diem Method

There is also the per diem method. Per diem, meaning “per day,” is when damages are calculated based on a daily value. That daily value is then multiplied by the number of days you are expected to take to recover from injuries. The per diem method is popular for those who have not incurred injuries that last to permanent disabilities.

Factors That Influence Car Accident Settlement in Phoenix

Different factors affect auto accident settlements in Phoenix. From economic to non-economic damages, here are the biggest categories that will influence the amount of compensation you can receive:

  • Insurance companies
  • Total medical expenses
  • Property damage
  • Who’s fault the accident was
  • Your ability to work
  • Total impact on your life
  • Emotional distress
car accident damage calculation

How are Damages Calculated in Phoenix Car Accident Cases?

Are There Caps on Car Accident Damages in Phoenix?

In Arizona, there are no caps on damages awarded. Specific laws prohibit limiting any pain and suffering damages, including those awarded in the case of personal injury or wrongful death.

Although there is no cap on damages, insurance companies often try to minimize the extent of pain and suffering for personal injury cases because they want to be able to pay the least amount of money possible. That’s why it is essential to work with a Phoenix personal injury lawyer; they’ll be able to help you get the compensation you rightfully deserve.

How Long Do You Have to File a Car Accident Damages Claim in Phoenix?

In Phoenix, you have a two-year limit from the date of the accident to file a claim for pain and suffering damages. If you don’t file within two years, you may not be eligible for compensation. If you are filing a claim against the government, however, the timeline is shorter—you only have 180 days to file. Always speak to a Phoenix car accident attorney as soon as you can to ensure you can get proper compensation.

Need Help Maximizing Your Car Accident Damages? Speak with Our Phoenix Car Accident Lawyers

Work with our team of car accident lawyers in Phoenix to get the compensation and justice you rightfully deserve. We’re not afraid to go up against big corporations and insurance companies on your behalf. At the end of the day, what matters most to us is your peace of mind and justice.

Contact Shapiro Law Team so we can help determine what pain and suffering damages you should be awarded and fight for your justice. We’ll even bring your case to trial if it comes to that.

Frequently Asked Questions

What are compensatory damages in an auto accident case?

Compensatory damages are monetary payments made to the victim of a car accident that help cover any economic losses due to the car accident.

Do I need a lawyer to settle my car accident case?

It is recommended to work with a lawyer to settle your car accident case to ensure that you are getting properly compensated for any injuries and damages.

How long does it take to settle a car accident claim in Arizona?

The length of a settlement depends on the claim’s timeline, which can take from weeks to years. However, once an insurance company receives a claim, they have 40 days to settle it.

Who pays for car damage in Arizona?

Because Arizona is an at-fault state, the driver who is responsible for the accident will pay the damages. This means you’ll file a claim with the other driver’s insurance company.

What is the average settlement for a car accident in Phoenix, AZ?

The average settlement amount ranges between $10,000 and $30,000.

How much are most car accident settlements?

Most car accident settlements start at $10,000 and can range up to $80,000.

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