After a vehicle accident occurs in Arizona, victims have to figure out the next steps for their well-being and their finances. Victims of other drivers’ negligence should be able to recover certain types of compensation, but understanding these types can be slightly confusing. You may hear the word “damages” and wonder what that actually means. Here, we want to review the difference between special damages and general damages, sometimes referred to as economic and non-economic damages.
Special Damages (Economic Damages)
Special damages, also known as economic damages, are the quantifiable (this means we can calculate them a bit more easily) losses that result from a car accident. These damages cover out-of-pocket expenses and are generally easier to calculate because they have a clear dollar amount. Some common types of special damages include:
- Medical expenses. Victims can seek reimbursement for any medical expenses related to the accident, including hospital stays, surgeries, doctor visits, physical therapy, and prescription medications. It is important to keep records of all medical bills to support your claim.
- Lost wages. If your injuries keep you from handling your job duties, you may be able to recover the wages you lost while unable to work. This includes both past lost wages and future income if you are unable to return to work or need to take a lesser-paying position due to your injuries.
- Property damage. Most car accident claims include the cost of repairing or replacing a damaged vehicle. This can also extend to personal items destroyed or damaged in the accident, such as cell phones or other electronics.
- Out-of-pocket expenses. Any additional costs that arise from the accident may also be included in your claim. Other expenses, such as the need for in-home care or modifications to your home, can be factored in as well.
Special damages aim to make the injured party “whole” again by reimbursing specific, measurable losses. Providing thorough documentation for each type of expense is essential in obtaining full compensation.
General Damages (Non-Economic Damages)
General damages, what we’re calling non-economic damages, cover losses that do not have a specific price tag but nonetheless have a significant impact on the victim’s quality of life. These damages are often harder to quantify and can vary widely from case to case. Common examples of general damages in Arizona car accident cases include:
- Pain and suffering. Pain and suffering refers to the physical discomfort and emotional distress that a victim experiences due to their injuries. This type of damage takes into account the severity of the pain, the duration of the recovery, and any long-term effects.
- Emotional distress. Many car accident victims experience emotional trauma, anxiety, or even PTSD (post-traumatic stress disorder) following an accident. Emotional distress compensation acknowledges the psychological impact of the accident and any ongoing mental health struggles.
- Loss of enjoyment of life. If injuries from a car accident prevent you from enjoying hobbies, activities, or spending time with family as you did before, you may be entitled to damages for loss of enjoyment of life. This type of damage addresses the ways your injuries have disrupted your ability to engage in normal life activities.
- Loss of consortium. In cases where a victim’s injuries affect their relationship with a spouse or partner, Arizona law allows for damages known as loss of consortium. This damage compensates the non-injured spouse for the negative impact the injuries have on companionship, affection, and marital relations.
General damages are subjective and can be challenging to calculate. Often, expert witnesses or mental health professionals are needed to help illustrate the impact of these non-economic damages on the victim’s life.
Why Work with an Attorney for an Arizona Car Accident Claim?
Car accident claims can be challenging, especially when dealing with the insurance carriers (yours and theirs) that may try to minimize or deny compensation. Working with a skilled car accident attorney in Phoenix offers several benefits, including:
- Accurate damage calculation. An attorney will help calculate both economic and non-economic damages to ensure you pursue the maximum compensation possible. They can also gather documentation and evidence to support each type of damage.
- Negotiation with insurance companies. Insurers often downplay the severity of injuries or offer low settlements. An attorney will handle negotiations on your behalf and fight for a fair outcome.
- Trial preparation if necessary. If a fair settlement cannot be reached, a Phoenix personal injury attorney can prepare to take your case to trial, presenting evidence and arguments to a judge and jury to seek full compensation.