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Damages Available in a Mesa Personal Injury Claim

June 23, 2024 Legal Team

When you become a victim of a personal injury in Mesa, Arizona, understanding the types of damages available to you is essential for ensuring you receive full and fair compensation. Monetary compensations are often categorized into economic, non-economic, and, in some cases, punitive damages. Knowing how these different types of damages work can make a significant difference in the outcome of your Mesa personal injury claim.

Damages Available in a Mesa Personal Injury Claim

Economic Damages

Economic damages are the most straightforward type of damages and include tangible losses that are easily quantifiable. These damages cover:

  • Medical Expenses: All costs related to medical care, including hospital stays, surgeries, medication, physical therapy, and future medical treatments.
  • Lost Wages: Compensation for the income lost while recovering from the injury. This includes not only the present wages lost but also the potential future earnings if the injury results in long-term or permanent disability.
  • Property Damage: Reimbursement for repairs or replacement of any personal property damaged in the incident, such as vehicles or personal belongings.
  • Rehabilitation Costs: Costs associated with the rehabilitation process, including physical therapy, occupational therapy, and other necessary treatments to regain functionality.
  • Miscellaneous Out-of-Pocket Expenses: Any additional costs that occur as a direct result of the injury can also be obtained, such as transportation to medical appointments or hiring home care services.

Non-Economic Damages

Non-economic damages compensate victims for the intangible effects of their injuries. These damages are often more difficult to quantify but are equally important in ensuring comprehensive compensation. They include:

  • Pain and Suffering: Compensation for physical pain and discomfort resulting from the injury.
  • Emotional Distress: Compensation for the psychological impact of the accident, including anxiety, depression, and post-traumatic stress disorder (PTSD).
  • Loss of Enjoyment of Life: Compensation for the loss of ability to enjoy daily activities, hobbies, and other forms of personal enjoyment.
  • Loss of Consortium: Compensation for the impact of the injury on the victim’s relationship with their spouse or family members, including loss of companionship and support.

Punitive Damages

In addition to compensatory damages, punitive damages may also be pursued in certain cases. Unlike economic and non-economic damages, which aim to make the victim whole, punitive damages are intended to punish the defendant for particularly egregious behavior and deter similar future conduct.

The “Evil Mind” Standard in Arizona

In Mesa, Arizona, claiming punitive damages requires meeting a stringent standard known as the “evil mind” standard. 

A. Punitive Damages Standard To recover punitive damages at trial, Plaintiffs have the burden of proving by clear and convincing evidence that Defendants acted with an “evil mind.” Rawlings v. Apodaca, 151 Ariz. 149, 726 P.2d 565 (1986). The required state of mind may be shown by any of the following: 1. Evidence of conscious disregard for the health and safety of the tort victim; 2. Evidence of financial motive of the defendant motivating sub-standard conduct; or 3. Evidence of dishonesty, concealment of facts, fraud, or misleading statements to cover culpability.

These types of damages are rare but can be awarded in some cases.

Understanding and correctly identifying these damages can significantly impact the outcome of a claim, ensuring victims receive the compensation necessary to recover and move forward with their lives. If you or a loved one have been affected by a personal injury, seeking professional legal help is crucial. Contact us today to schedule a free consultation.