Damages/Compensatory Damages Attorney in Phoenix, AZ
What are Damages/Compensatory Damages in Arizona?
There are two types of recoverable “Damages” associated with a civil lawsuit. They are (1) Special Damages and (2) General Damages. Almost all lawsuits involve both types of damages.
Special Damages consist of Medical Costs; Out of Pocket Costs; Property Damage and Loss Income/ Employment Damages. Medical Costs can include doctor’s bills, hospital bills, physical therapy and rehabilitation bills. This includes both present and future costs.
Out of Pocket Losses. This includes rental car costs, parking fees and gas costs associated with getting to and from treatment; and also the costs of prescription medication, crutches, braces, etc.
As to Property Damage, this normally refers to a car being repaired or “totaled” and paid out in full. Other types of property damage include items that were inside of a vehicle which were destroyed during a car accident. Clothes can also be factored into this calculation. At Hirsch & Lyon Accident Law, we handle the property damage portion of our client’s case without charge when dealing with the adjusters. If the insurance company is being unreasonable, then the property damage portion is wrapped into the overall lawsuit should one be filed.
Lastly, Lost Income/Employment Damages would include such things as wages, bonuses, vacations, sick days, and perks (such as golf trips or out of town work parties). This can include present and future costs, as well as reduced earning capacity. A technique known as “forecasting” is utilized to predict lost earning capacity or loss of future sales (if self employed).
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General Damages include such things as Pain and Suffering; Loss of Enjoyment; Loss of Consortium; Emotional Distress and Punitive Damages. Pain and Suffering is a term used to describe the pain now associated with every day movement. It also describes the pain due to physical therapy, present and future surgeries, and medication types that are required to be taken. Loss of Enjoyment would include the loss of participation in athletics, hobbies, hiking/recreational vehicle participation, and reduced time with friends. This includes losses that have occurred now and losses that will occur in the future. Loss of Consortium refers to the loss of intimacy and sexual intimacy with either a spouse or a significant other. Sometimes an injury can be so severe that it actually breaks up a marriage and leads to divorce. This clearly would create a Loss of Consortium.
Next is Emotional Distress, which includes stress, depression, anxiety, insomnia, nightmares and frustration. Sometimes it can also include bitterness and guilt. The best way to demonstrate Emotional Distress is to maintain a detailed journal in which you get personal with your descriptions of your distressed mental state due to your injury.
Lastly, Punitive Damages these types of damages are designed to act as punishment for malicious or highly egregious acts. Punitive Damages can also serve as a warning to others to not act with gross negligence or recklessness as to the safety of the general public.
If you have been injured due to somebody else’s negligence, it is best to hire a skilled personal injury/accident law firm regarding your compensatory damages. At Hirsch & Lyon Accident Law we are well versed in Special Damages (ie. Medical Costs; Out of Pocket Costs; Property Damage; and Loss Income/Employment Damages) as well as General Damages (ie. Pain and Suffering; Loss of Enjoyment; Loss of Consortium; Emotional Distress and Punitive Damages).
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We offer free initial consultations, and finance all costs of litigation. You pay nothing until we obtain a favorable settlement or verdict on your behalf. Pursue justice without worrying about price obligations. Hirsch & Lyon Accident Law wants you to experience a positive recovery from your accident. We know that legal pursuits can be expensive, so we help cover the costs upfront. If you are already a victim of an accident, you should not have to be a victim of the legal process as well!