

When you’re injured in an accident, the physical and financial toll is often clear—medical bills, lost wages, and property damage are easily quantifiable.
But what about the emotional and psychological impact? In personal injury cases, compensation for pain and suffering addresses these non-economic damages. Here’s what you need to know.
What Are Pain and Suffering Damages?
Pain and suffering damages are designed to compensate for the physical and emotional distress caused by an injury. These damages may include:
- Physical Pain: Chronic pain, discomfort, or limitations resulting from the injury.
- Emotional Suffering: Anxiety, depression, or trauma stemming from the accident.
- Loss of Enjoyment of Life: Inability to participate in activities or hobbies you once enjoyed.
- Mental Anguish: Stress or fear associated with the injury or its aftermath.
How Are Pain and Suffering Damages Calculated in Arizona?
Unlike medical bills or lost wages, pain and suffering damages don’t come with receipts. As a result, courts and insurance companies use various methods to estimate their value:
- Multiplier Method: This approach multiplies the total economic damages (like medical bills) by a factor, typically between 1.5 and 5, depending on the severity of the injury.
- Per Diem Method: Assigns a daily monetary value to your suffering and multiplies it by how many days you’ve experienced pain or distress.
- Case-Specific Factors: Judges and juries may also consider factors such as the nature of the injury, its long-term effects, and the credibility of the evidence presented.
Factors That Influence Pain and Suffering Awards
Several elements can impact the amount awarded for pain and suffering damages:
- Injury Severity: More severe or permanent injuries typically result in higher compensation.
- Impact on Daily Life: How the injury affects your ability to work, socialize, or perform everyday activities.
- Age and Health: Younger individuals or those in good health before the injury may receive higher compensation.
- Credibility of Evidence: Medical records, expert testimony, and personal journals documenting your pain and suffering can strengthen your case.
Laws on Pain and Suffering Damages
There are no caps on pain and suffering damages for personal injury claims. However, it’s important to note that Arizona follows the comparative negligence rule, which means your compensation may be reduced if you’re found partially at fault for the accident. For example, if you’re deemed 20% responsible, your total damages (including pain and suffering) will be reduced by 20%.
Proving Pain and Suffering
You must provide strong evidence to claim pain and suffering damages successfully. This may include:
- Medical Documentation: Records detailing the extent of your injuries and treatment.
- Expert Testimony: Statements from medical professionals or therapists supporting your claim.
- Personal Testimony: Your account of how the injury has impacted your life.
- Witness Statements: Accounts from family, friends, or colleagues who have observed your struggles.
Why Hire an Experienced Attorney?
Calculating and proving pain and suffering damages can be complex. An experienced personal injury attorney can:
- Help you gather compelling evidence to support your claim.
- Accurately estimate the value of your pain and suffering.
- Negotiate with insurance companies to secure fair compensation.
- Represent you in court if necessary.
Conclusion
Pain and suffering damages play a critical role in ensuring you receive full compensation for the impact of an injury. You can better navigate the claims process by understanding how these damages are calculated and what factors influence them.
Don’t let pain and suffering go uncompensated. Reach out to Wesbrooks Law today at wesbrookslaw.com/contact-us/ or call (602) 262-4357. Our personal injury experts are here to help you every step of the way.