Arizona Personal Injury and Punitive Damages
When a person is injured due to the negligence of another party then there may be claims for compensation that should be pursued, an Arizona personal damages attorney Phoenix AZ should be contacted for a consultation.
Each person’s injury claim is different and unique. Many factors are considered, when trying to figure out fair and reasonable compensation for damages.
What are the injuries? How long have the symptoms lasted? Will there be a permanent injury? What is the injured person’s life expectancy? How have the injuries affected the injured person’s activities, employment, marital, or family life and his or her quality and enjoyment of life?
In order to try to arrive at a figure representing full, fair and reasonable damages. The instruction given to a jury in an Arizona personal injury trial provides that the jury should decide the full amount of money that will reasonably and fairly compensate the injured person for damages resulting from the fault of the party causing the injuries.
The jury may consider:
- The nature, extent, and duration of the injury,
- The pain, discomfort, suffering, disability, disfigurement and anxiety caused
- Medical expenses
- Lost income
- The loss of enjoyment of life, the participation in life’s activities, in the quality and extent enjoyed before the injury
In Arizona, the possible negligence of the injured person may be considered, this involves the concept of comparative fault. The at fault driver has to prove that the injured party was negligent and a cause of his or her injuries, the jury will determine the full damages of the injured party. If for example the injured person is found to be 20% at fault and the other driver was 80% at fault, then the amount of damages awarded to the injured party would be reduced by 20%, his or her % of fault. The jury would receive instructions to follow.
In Arizona when a drunk driver or a driver impaired by drugs or alcohol causes a collision, and injuries occur, the insurance company for the negligent driver may end up paying more in damages to the injured party, an Arizona personal injuries damages attorney Phoenix AZ may be able to provide representation. .
When an impaired or intoxicated driver is involved, in a civil case for damages, punitive damages may be considered and awarded by the Court or the jury.
Punitive damages are primarily to punish the wrongdoer and to deter others from committing similar conduct. When a driver knows that it is dangerous to drive when intoxicated, and that intoxicated drivers create substantial risks to others, and when alcohol, or drugs are consumed and a wreck occurs, then punitive damages may be awarded, or an insurance company may have to pay a substantially greater settlement amount to the injured victim.
Evidence that can be considered to determine whether punitive damages should be paid include the number of drinks consumed within a given time period, if any drugs were taken, the driver’s blood alcohol, and the nature of the driving of the negligent driver. The combination of facts helps to show that the driver should have known that his conduct created substantial risk of harm to others.
In order to try to get a fair and reasonable settlement an Arizona personal injury damage attorney Phoenix AZ should be contacted, representation may be very beneficial to the injured party.