When someone is injured by another party's negligence in Arizona, the compensation they can pursue is called damages. Damages fall into two main categories, economic and non-economic, and a serious claim usually involves both. Understanding how each type is defined and valued helps injured people recognize the full scope of what a claim may be worth. If you were hurt in an accident, a personal injury lawyer in Scottsdale can help identify every category of loss that applies to your case.
Wyatt Injury Law has spent more than a decade pursuing full compensation for injured people across Arizona on a contingency fee basis. This guide explains economic and non-economic damages, when punitive damages apply, and why Arizona does not cap what an injured person can recover.
What Are Damages in a Personal Injury Case?
Damages are the money awarded to compensate an injured person for the harm an accident caused. The goal is to place the person, as nearly as money can, in the position they would have been in had the injury not happened. Some losses are easy to count, such as a hospital bill, while others, such as chronic pain, require judgment to value. Because Arizona uses a comparative fault system, the final award is reduced by the injured person's share of fault, a rule explained in the resource on shared fault. In practice, most claims are settled or tried around the total of these two categories, and the balance between them shifts with the severity and permanence of the injury.
Economic Damages
Economic damages, sometimes called special damages, compensate for measurable financial losses with a clear dollar value.
Medical Expenses
Medical costs are often the largest category, including emergency care, hospital stays, surgery, medication, physical therapy, and future treatment. In serious cases handled by a catastrophic injury attorney, projected lifelong care can be a substantial part of the claim. Keeping every bill, invoice, and treatment record is important, because these documents form the backbone of the economic portion of a claim.
Lost Income and Earning Capacity
An injured person can recover wages lost while recovering, as well as reduced earning capacity when an injury limits the ability to work in the future. Pay records and, in some cases, vocational analysis support these figures. Self-employed people and those who work on commission can also recover lost earnings, though proving the loss usually takes tax returns and business records.
Property Damage and Out-of-Pocket Costs
Vehicle repair or replacement, damaged personal property, and out-of-pocket expenses such as travel to medical appointments are also recoverable. Drivers hurt in a crash in Phoenix or Tempe often document these costs alongside their medical records.
Non-Economic Damages
Non-economic damages, sometimes called general damages, compensate for harms that do not come with a receipt.
Pain and Suffering
Physical pain and the discomfort of recovery are compensable, and the method used to value them is explained in the resource on how pain and suffering is calculated.
Emotional Distress and Loss of Enjoyment
Anxiety, depression, sleep loss, and the loss of the ability to enjoy activities that once brought fulfillment are recognized harms. These effects can be as disruptive as physical injuries and often persist longer than the visible ones. In Arizona, these harms are compensable even though they carry no receipt, and testimony from the injured person, family, and treating providers often establishes them.
Disfigurement and Permanent Impairment
Scarring, disfigurement, and permanent impairment carry their own compensation, reflecting the lasting effect on a person's appearance, function, and daily life. Younger claimants and those with visible scarring may see these damages weigh especially heavily in a case.
Punitive Damages in Arizona
Most damages are compensatory, meaning they reimburse a loss. Punitive damages are different: they punish conduct that was more than careless, such as intentional or seriously reckless behavior, and are available only when the injured person proves that higher standard by clear and convincing evidence. They are not awarded in most cases and are not available against government entities. The purpose is to deter serious misconduct rather than to compensate a loss, and courts review large punitive awards to ensure they remain reasonable in relation to the actual harm.
Does Arizona Cap Personal Injury Damages?
Arizona is one of the few states that constitutionally prohibits caps on personal injury and wrongful death damages. Under Article 2, Section 31 of the Arizona Constitution, no law may limit the amount of damages recoverable for causing the death or injury of a person. This means a jury can award the full amount it finds appropriate based on the evidence, without an artificial ceiling. This is a meaningful difference from many other states, where statutes limit non-economic or total damages regardless of how severe an injury is. Documenting the full extent of a loss, a subject covered in the guide on evidence, is what makes that full recovery possible. Injured people in communities such as Glendale benefit from the same rule, which applies statewide.
Talk to an Arizona Personal Injury Attorney
Understanding the full range of damages is the first step toward a complete recovery. Wyatt Injury Law represents injured people across Arizona on a contingency fee basis, so there is no fee unless we recover compensation for you. Contact us today for a free consultation to discuss what your claim may be worth.