Compensation in a Personal Injury Case: Everything You Need to Know

June 26, 2023

Compensation in a Personal Injury Case: Everything You Need to Know

Accidents can have a serious impact on one's life, both physically and financially. Whether you suffered an injury due to a car accident, a slip and fall, or any other incident, you deserve fair compensation. However, many people often wonder how compensation is calculated in a personal injury case. In this blog post, we will discuss the factors that are considered by an Arizona court when determining compensation and who is responsible for paying the victim. At McCain & Bursh Attorneys at Law, P.C., we are here to help you navigate through the legal process and get the compensation you deserve.


1. Types of Damages


In a personal injury case, compensation is usually divided into two types of damages, which are economic and non-economic. Economic damages compensate for financial expenses related to your injury, such as medical bills, lost wages, and property damage. Non-economic damages compensate for intangible things like pain, suffering, and emotional distress. These can be harder to calculate as they are not measurable in monetary terms.


2. Severity of the Injury


The severity of the injury sustained by the victim is an important factor to consider when determining compensation. Injuries that cause permanent disabilities, disfigurement, or long-term effects will likely result in higher compensation than minor injuries. The victim's medical records and bills, along with expert testimony, help determine the severity of the injury.


3. Liability


Determining who is at fault for the accident is another crucial aspect of calculating compensation. If the victim was partly responsible for the accident, their compensation may be reduced. This is called comparative negligence, and Arizona follows a pure comparative fault system. This means that the victim can still receive compensation even if they were partially at fault for the accident, and the compensation will be reduced based on the degree of fault assigned to each party.


4. Insurance Coverage


In personal injury cases, insurance companies are typically responsible for paying the victim's compensation. In Arizona, drivers must carry a minimum of $25,000 in liability coverage for bodily injury or death of one person. If the at-fault driver's policy limit is exceeded, the victim can pursue a claim against their own insurance policy or sue the at-fault driver for the remaining amount.


5. Legal Assistance


Navigating through the legal process of a personal injury case can be overwhelming, especially when you are trying to recover from your injuries. Hiring an experienced personal injury attorney in Arizona can help you navigate through the legal process and maximize your claim. At McCain & Bursh Attorneys at Law, P.C., we have the expertise and knowledge to help you recover the compensation you deserve.


Compensation for a personal injury case can vary depending on several factors. The severity of the injury, liability, insurance coverage, and legal representation all play a role in determining the amount of compensation you may receive. At McCain & Bursh Attorneys at Law, P.C., we are here to help you through the legal process and maximize your compensation. Don’t hesitate to contact us for a free consultation if you have been injured in an accident.

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