Understanding Compensation Calculation in Personal Injury Cases: A Guide for Arizona Residents

April 26, 2023

Understanding Compensation Calculation in Personal Injury Cases: A Guide for Arizona Residents

Personal injury cases are often complex, and compensation in such cases is determined by various factors. If you or your loved one has been a victim of someone else's negligence or wrongdoing, it is essential to understand how compensation is calculated. In this guide, we will discuss the factors that Arizona courts consider when determining compensation and who pays for it. We at Lelli Law Firm are committed to helping Arizona residents navigate personal injury matters, and we hope this blog will help you understand the compensation process better.

Types of Compensation

In personal injury cases, compensation is usually divided into two categories - economic and non-economic damages. Economic damages are tangible losses an injured person suffers, such as medical bills, lost wages, or property damage. Non-economic damages are intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. The court considers both types of damages when determining compensation, and the value of non-economic damages may vary based on individual cases, the severity of injuries, and the impact of the injury on the victim's quality of life.

Factors Considered by the Court

The court considers several factors when determining compensation, including the degree and severity of injuries, the duration of medical treatment, the extent of property damage, and the impact of the injury on the victim's life. Additionally, the court may consider the age and earning capacity of the victim, any pre-existing medical conditions, and the extent of the defendant's fault in causing the injury.

Comparative Negligence

Arizona follows a comparative negligence rule, which means that compensation may be reduced if the plaintiff is partly at fault for the injury. For example, if a victim was injured in a car accident and was 20% at fault for not wearing a seatbelt, his or her compensation may be reduced by 20%. However, if the victim is found to be over 50% liable for the injury, he or she may not receive any compensation.

Who Pays for Compensation

In most cases, compensation is paid by the insurance company of the defendant. If the defendant doesn't have insurance or if the damages exceed the defendant's coverage, the defendant may have to pay out of pocket. However, if the defendant is not financially capable of paying the compensation, the victim may not receive the full amount.

Role of an Attorney

Navigating the compensation process can be challenging, especially if you are dealing with injuries and emotional trauma. An experienced personal injury attorney can help you understand your legal rights and fight for fair compensation on your behalf. They can also negotiate with the insurance company and prepare a strong case for trial if needed.

In summary, compensation in personal injury cases is determined based on various factors, and it's crucial to understand how it works. While economic damages are relatively easy to quantify, non-economic damages may require the help of an experienced attorney to calculate accurately. Navigating the compensation process can be complicated, but with the right legal representation, you can get the compensation you deserve. At Lelli Law Firm, we have extensive experience in handling personal injury cases and are committed to helping Arizona residents fight for their legal rights. Contact us today for a free consultation.

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The Ramifications of a DUI in Arizona

By Debora Lelli • August 31, 2023

Driving under the influence is a serious offense in any state, and Arizona is no exception. Arizona has some of the strictest DUI laws in the country and imposes harsh penalties for those who are convicted. A DUI conviction can affect multiple aspects of your life, including your finances, job, and relationships. In this blog post, we will discuss the consequences of a DUI in Arizona and what you need to know if you find yourself facing these charges. 1. Financial Consequences: One of the first and most significant impacts of a DUI conviction in Arizona is the financial burden that comes with it. According to Arizona law, individuals convicted of a DUI can expect to pay substantial fines, court costs, and other related fees. In addition, they are also responsible for the costs of attending mandatory alcohol education classes and substance abuse treatment programs. Additionally, they may face increased insurance premiums, and some may even lose their job, leading to a significant loss of income. 2. Legal Consequences: In Arizona, a DUI is treated as a criminal offense, meaning that those convicted can face jail time or probation. The length of the sentence depends on factors such as blood alcohol content (BAC) and prior convictions. Individuals who are convicted of a DUI may also be required to have an ignition interlock device installed in their vehicle, which measures the driver's BAC before allowing them to start the car. 3. Professional and Social Consequences: A DUI conviction can also have negative impacts on your professional and personal life. Employers may view this offense as a sign of poor judgment and decision-making and could result in termination or difficulty finding new employment. A DUI conviction can also affect social relationships, as friends and family may judge or view you differently. In some cases, a DUI conviction could lead to divorce or custody battles. 4. License Suspension and Revocation: One of the most severe consequences of a DUI conviction in Arizona is a license suspension or revocation. Individuals with a BAC of .08 or higher can expect their license to be suspended for 90 days or more, depending on prior convictions or the presence of a child in the vehicle. Refusal to take a breathalyzer or other chemical test can also lead to a license suspension for one year or more. 5. Repeat Offenses: Repeat DUI offenses in Arizona come with even harsher penalties. Second-time offenders can face up to six months in jail and mandatory treatment programs, while a third offense can result in up to two years in prison and a 3-year license revocation. Those convicted of four or more offenses are considered felons and can face significant prison time. A DUI conviction in Arizona is not something anyone wants to experience. The severe financial, social, and legal consequences can have lasting impacts on your life. If you are facing DUI charges, it is essential to speak with an experienced DUI defense attorney who can help you navigate the legal process and protect your rights. Remember to always practice safe driving habits and avoid drinking and driving to prevent these unwanted consequences.