Recoverable Damages After a Phoenix, AZ Car Accident

Between 20 and 50 million people suffer injuries, and 1.35 million die, in car accidents annually in the United States. Additionally, the economic impact is substantial. Single-car crashes often result in straightforward claims through the driver’s insurance company. However, when more than one party is involved in an accident, either one or both parties are responsible for the damages incurred, and damages can be severe. If an auto accident caused by another party’s negligence resulted in serious losses for you or a loved one, you might be wondering: what damages can I collect for a car accident through a car accident lawsuit?

What Are Compensatory Damages?

Compensatory damages were designed to compensate for the losses associated with a car accident. The two types of compensatory damages are economic and non-economic, also called specific and general damages, respectively.

Economic Damages

Economic damages refer to specific losses with absolute monetary value. They include:

• The cost of medical treatment, which covers medications, hospital expenses, ambulance expenses, and doctor visits
• The cost of future medical treatment, which may be necessary for plaintiffs needing long-term care for injuries incurred in the accident
• Payment for lost wages, including future lost wages
• Loss of earning capacity
• The cost to repair or replace any damaged property, typically the vehicle but may include any damaged items
• The cost of modifications to the home needed to accommodate injuries
• The expenses related to in-home care

You can build a strong case for economic damages by seeking immediate medical attention following the accident. Even if you have no visible injuries and feel fine, you should see a doctor as soon as possible. A car accident’s abrupt and unexpected nature gets your adrenaline flowing, and adrenaline can mask internal injuries by hindering pain receptors. Additionally, medical records and bills provide evidence of your injuries.

Remember to keep receipts and other thorough documentation for all the damages you plan to claim. For example, pay stubs and recent tax returns can evidence lost wages and future lost wages. In addition, receipts or estimates from an auto repair expert will prove the value of your claim for compensation for damaged property.

Non-Economic Damages

Non-economic damages are more difficult to quantify. These refer to the losses suffered that have no inherent monetary value. Examples include:

• Pain and suffering
• Emotional and mental anguish
• Disfigurement
• Disability, either temporary or permanent
• Loss of consortium
• Loss of enjoyment in life
• Loss of companionship
• Damage to reputation

Determining the value of non-economic damages may require a variety of methods. Your written testimony and testimonies from friends and family help prove pain and suffering. Additionally, an attorney may refer to precedent to place a reasonable value on some damages. Another source is a mental health evaluation by a related professional.

What Are Punitive Damages?

Punitive damages, also known as exemplary damages, are awarded in cases where the at-fault party acted in complete disregard for the damage they may cause. If the court awards punitive damages in your case, the purpose is to punish the defendant rather than compensate you for your losses.

A claim for punitive damages must include proof that the defendant’s actions were intentional. For example, suppose a defendant willfully operated a vehicle knowing that they were under the influence of drugs or alcohol. In that case, an award of punitive damages may act as a deterrent for similar behavior.

What Are the Damages for a Wrongful Death Case?

There are economic and non-economic damages for car accident cases resulting in the death of one party because of the negligence of another. Damages include:

• The cost of medical expenses incurred before the individual’s death
• The loss of the deceased expected income
• The loss of financial benefits, such as health insurance and pension
• The value of any goods the deceased provides to their family.
• The cost of funeral expenses
• Pain and suffering for the survivors, including mental and emotional anguish
• Loss of love and companionship
• Loss of consortium

In most states, anyone related to the deceased or directly affected financially by their absence is eligible to file a wrongful death suit against the at-fault party. The usual plaintiffs are the deceased’s spouse, parents, or children.

What if Both Parties Are at Fault for the Accident?

Not all accident cases are straightforward. Sometimes both parties share responsibility, but being partially at fault does not eliminate your eligibility for compensation.

In the case of shared fault, the rule of comparative negligence applies. The court requires the jury to present two numbers during a car accident trial: the percentage of responsibility for both parties and the compensation award.

Under the comparative negligence rule, you, the plaintiff, may still receive the award. However, your percentage of fault represents the amount deducted from it. Additionally, there are two types of comparative negligence:

• Modified comparative negligence allows the plaintiff to recover compensation if they are not more than 50 percent responsible for the accident. Some states set the threshold at 51 percent.
• Pure comparative negligence allows the plaintiff to recover compensation as long as their percentage of fault is less than 100 percent. 

The state mandates which rule to follow, but most apply the modified version. An example of this rule in action would be if the jury set the award for damages at $150,000 and found you 30 percent responsible for the accident. You would then deduct 30 percent from the award, which is $45,000, leaving you with $105,000 in compensation.

However, suppose you live in a state that follows the modified comparative negligence rule, and the jury finds you 52 percent responsible for the accident. In that case, you cannot recover any compensation and must rely on your insurance coverage.

Morgan W.

I felt they were more my friends than my personal injury lawyer and that isn't something you're taught it's something you have inside. If I ever needed a lawyer again Phillips Law Group Injury Lawyers would be my only choice. I can't recommend them enough. They are professional on every level and compassionate throughout. Thank you for everything.

Blanca D.

When in pain because of an accident all you want to do is focus on getting better and that is what did thanks to this firm. My family and I were set up with a Dr and Chiro right away. The treatment we received was great. I am extremely thankful for all the help we received and the outcome on the cases. Thanks to everyone involved on my case. A special thanks the intake specialist Rosalba who was very kind on the phone when I first called. I highly recommend this firm to anyone, they treat you like family.

Erika A.

I am so thankful for Ruthann and Maria. They both were amazing throughout the process. When Maria took over my case, I felt like I was being treated with empathy about my pain and experiences while treating. She also made sure to answer my questions. Maria always responded to my communication attempts and answered questions I had as they came up. She helped me with things I needed in regards to my case and helped ease the anxiety as bills piled up and my injuries were still being treated. I was able to contact her as I was treating and she helped find providers closer to my home to make it more accommodating for me. This helped me juggle work...

Santana D.

Ruby, Jennifer, Angela did me great over at this law firm. I will recommend them to anybody that has been in an injury in Phoenix Arizona they are awesome 😎. Got paid 6 months after my accident. Then out of the blue a couple years later they still contract me with another check $$$$$🤑😎🤑. Thank you....

Yunior R.

Philips Law Group offers outstanding customer service and a profound knowledge of personal injury law. Right from the initial call through to your office visit, they ensure you feel well-supported. A special mention goes to Ilse, the client experience coordinator. Her expertise in insurance policies is remarkable, and she articulately explains them in both Spanish and English. She skillfully navigates you through the process with empathy and understanding. A heartfelt thanks for the exceptional experience!

Art R.

Phillips was able to get me a good settlement after the first law group I called completely failed. Highly recommend you give them a call after your personal injury.

Rebecca M.

Philips was an awesome choice got me into the doctors offices for visits quickly and efficiently. I also want to give a big shout out to Michael the negotiator for Philips he went above and beyond to help my case get to the finish line! Also want to thank Jason and the friendly front staff.

Vallery A

Throughout the most stressful time Carmen and Donato managed to get me to the correct doctors and get the correct care I needed to make the whole process smooth and less stressful. They always answered any question or concern with professionalism and courtesy. They always valued my time as I valued theirs. Definitely recommend this great firm!

Martin K.

I'm sincerely grateful to my noble Phillips Law firm legal experts for their integrity n intelligent work for making my accident to not go free in my paint injuries. God richly bless them, for bring settlement big cash to me.

Latosha E.

What can I say about Phillips Law group. I was involved in a major car accident and sustained injuries. I looked up for Law Firms in Arizona and stumbled across Phillips Law Group. I decided to give them a call about my accident, and they were very respectful and took in my case immediately. They assigned me Tim LeDuc to represent me. From the beginning, he was very responsive and made sure to give me the proper care I deserved from this accident. Him and his team fought tooth and nail to give me the best settlement I deserved. I am so thankful, and I highly recommend Phillips Law Group to represent anyone who has been in any accident and...

Emily N.

My case closed yesterday and I RAN to make this review because of how exceptional my experience has been with Phillips Law Group! I received the best settlement I could've hoped for and am extremely happy with the outcome; but I especially wanted to shout out and give praise to Julianna, the Litigation Paralegal on my case. From the moment Julianna was assigned to my case almost two years ago, until the completion of the settlement process yesterday, Julianna's commitment to exceptional customer service, clear communication, and unwavering support truly stood out. I had so many questions -- from the legal process, to where to seek medical treatment, to questions about medical bills, to the negotiation process, and more --...

Ari

I am very impressed by how much care and effort this group puts into helping the homeless. That’s not something you see enough, especially in this time of increasing need for community. It’s important to me to work with companies that align with my views, and I would definitely go to Phillips for any future personal injury lawyer needs.

Rich S.

Just would like to share my experience with Phillips And Associates. Ever since my accident in the first of the year, it was a life changing event for me and I finally decided to go with a personal injury attorney. I contacted Phillips And Associates and they made me feel like I was an actual person instead of a lot of other firms try to go with me like a number, Phillips And Associates has reached out to me in a kind, courteous and caring way they fully understand on the circumstances of the accident So far, Phillips And Associates has been absolutely wonderful. I truly recommend going with Phillips And Associates. Thanks (RuthAnn), your the Best!!! And Thank you...

View More Reviews

What Are the Advantages of Hiring an Experienced Car Accident Attorney?

If you are still on the fence about the next step in your case, consider the advantages of hiring a car accident attorney:

• They often work on contingency, which means no upfront charge for legal representation. Instead, they receive payment when you receive a settlement or award. 
• You have the comfort of knowing that your attorney has faith that your case will work out in your favor.
• They have negotiation experience, which may translate into a better settlement for you.
• They can guide you through the complexities of the legal process and protect your rights along the way.
• They will conduct an investigation into your case, collecting sufficient evidence to support and value your claim.
• They can offer a professional presence and an objective point of view.
• They will take care of all communications with the insurance companies, which are known to resort to bad faith tactics to avoid paying valid claims. Adjusters are more likely to offer a more fair settlement amount when dealing with an attorney.
• They have access to experts in fields that may help you build a stronger case with sufficient evidence.

The aftermath of a car accident is often harrowing. If you suffered a severe injury, you should use that time to recover physically and emotionally. Unfortunately, you may also face substantial financial repercussions.

The team at Phillips Law Group can help you recover compensation for the losses you suffered. The person responsible for your accident is liable for the damages incurred, and our experienced attorneys are ready to take on your case. Call us today or fill out a free case evaluation form online.

Call for a free case consultation today. We are available 24/7 to answer your legal questions.