If you were hurt in an accident that was someone else’s fault, you may be entitled to recover compensation for your medical bills, lost wages, and pain and suffering. Most accident victims are already familiar with these types of damages. However, punitive damages are a special category of damages that are only available in limited circumstances.
Keep reading below to learn everything you need to know about punitive damages, including what they are, when they are available, and how much they may be worth.
What Are Damages in a Personal Injury Case?
Damages are the remedy used by the civil court system in Arizona to compensate an injured victim for their losses. Typically, damages are paid in the form of financial compensation. While not all losses are economic in nature, monetary damages are the method most commonly used to compensate injured victims for their losses.
Types of Damages Available to Injured Victims
After an accident, you may be entitled to recover a few different types of damages. There are three main types of damages available in Arizona personal injury claims:
Economic Damages
Economic damages are used to compensate injured victims for their financial losses. These damages often have a pretty specific value, and proving that value is quite easy in most cases. You likely have bills, receipts, and other financial documents that show the exact value of your losses.
Economic damages can be used to compensate victims for:
- Current and future medical bills
- Lost wages
- Future reduced earning capacity
- Property damage
- Physical therapy
- Medical equipment
- Out-of-pocket expenses
There are generally no limits or caps on the amount of economic damages that may be awarded. Injured victims are entitled to recover the full amount of their economic losses.
Non-Economic Damages
Non-economic damages are somewhat more complex. These damages compensate victims for their intangible losses, such as their physical and emotional pain and trauma. The value of these damages is inherently subjective, making it challenging to prove their worth.
These damages are used to compensate victims for:
- Pain and suffering
- Depression
- Anxiety
- Emotional distress or mental anguish
- PTSD
- Loss of consortium
- Diminished quality of life
- Permanent scarring
- Disfigurement
- Permanent disability
An experienced personal injury lawyer can help determine a fair value for non-economic damages by considering all the factors relevant to your case.
Punitive Damages
Punitive damages are a special type of damages because they are not intended to compensate the victim for a loss. Instead, these damages are used to punish the defendant for their behavior. Punitive damages are reserved for cases involving only the most egregious conduct.
When Are Punitive Damages Available in Arizona?
Punitive damages are not available in cases involving mere negligence or carelessness. In fact, gross negligence is not even enough to make punitive damages available in Arizona. Instead, the Arizona Supreme Court has held that a victim must show by clear and convincing evidence that the defendant acted with an “evil mind.”
Establishing the “evil mind” standard requires proving that the defendant:
- Intended to cause harm,
- Was motivated by spite, OR
- Engaged in outrageous conduct that created a substantial risk of tremendous harm to others
If a victim is able to meet this burden of proof, they will be entitled to recover punitive damages. Not only do punitive damages punish the wrongdoer for their behavior, but they are also meant to deter similar behavior in the future.
Arizona Limits on Punitive Damages
While some states cap punitive damages, Arizona does not impose a specific limit. However, any award of punitive damages must not be excessive; all case factors must be considered to determine the appropriate amount, such as:
- The egregiousness of the defendant’s conduct
- How long the defendant engaged in this conduct
- The severity of the victim’s injuries
- The amount of compensatory damages awarded in the case
- The defendant’s financial resources
When punitive damages are awarded, they can sometimes far exceed the amount of compensatory damages that have been awarded in the case.
Contact Our Scottsdale Personal Injury Lawyers For a Free Consultation
If you have been hurt in a car accident, slip and fall accident, or any other type of accident involving outrageous behavior, you could be entitled to recover punitive damages as part of your claim. The experienced team at KRLG Injury Lawyers can evaluate all the factors of your claim to determine all the damages that may be available.
Contact us today to schedule a free consultation with a Scottsdale personal injury lawyer who is ready to help. Let us put our experience to work for you and help you pursue maximum compensation for your injuries.
Visit Our Personal Injury Law Office in Scottsdale, AZ
KRLG Injury Lawyers Scottsdale
7702 E Doubletree Ranch Rd #150, Scottsdale, AZ 85258
(623) 303-5754