Developing and Proving Your Personal Injury Claim

Setting You Up for Success in Court

After getting needed medical care in the event of a serious personal injury, you need to take steps to solidify your case for damages. While it may be impossible to be put in the same condition before your accident, a damage award is an attempt to financially reimburse you in order to try to “make you whole” again after a serious injury. There are several different types of damages you may pursue in a personal injury case, and they fall into two categories: “compensatory” and “punitive” damages.

Compensatory damages are aimed at reasonably and fairly compensating you for all harm caused by the fault of another. Examples of compensatory damages include:

  • Reasonable and necessary past and future medical expenses
  • Lost earnings and any decrease in your future earning power
  • Pain, suffering, discomfort, disability, disfigurement and anxiety
  • Loss of enjoyment of life
  • Loss of love, care, affection, companionship and other pleasures in your marital relationship or parent-child relationship.

You may be eligible to seek “punitive damages” depending on the nature of your case. These damages are aimed at punishing and deterring conduct such as:

  • Intentionally causing an injury
  • Causing an injury out of spite or ill will
  • Consciously pursuing a course of conduct despite knowing that it would create a substantial risk of significant harm to others.

Things you can do to increase the likelihood of proving your case in court are to preserve all evidence – such as police reports and medical bills – and being mindful of the statute of limitations for filing a claim (usually two years in Arizona). 

To prove your case, you need to establish several conditions. For example, you must show that a duty of care was breached by someone and that the resulting accident was the cause of your injuries. 

Ensuring you have the strongest possible case means you must retain a skilled personal injury attorney. To discuss your options with Monahan Law Firm, PLC, call us at 623-385-3190.