Learn more:

PERSONAL INJURY

Wrongful Death

PERSONAL INJURY DAMAGES

The measure of damages in Arizona for personal injuries is the full amount of money that will reasonably and fairly compensate the injured person for each of the following elements of damages, which is proven by the evidence to have resulted from the fault of the defendant:

1. The nature, extent, and duration of the injury.

2. The pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced, and reasonably probable to be experienced in the future as a result of the injury.

3. Reasonable expenses of necessary medical care, treatment, and services rendered, and reasonably probable to be incurred in the future.

4. Lost earnings to date, and any decrease in earning power or capacity in the future.  

5. Loss of love, care, affection, companionship, and other pleasures of the [marital] [family] relationship.

6. Loss of enjoyment of life, that is, the participation in life’s activities to the quality and extent normally enjoyed before the injury.

Source:  Revised Arizona Jury Instructions (Civil), 4th , Personal Injury Damages 1, “Measure of Damages.”  

Pre-existing Condition, Unusually Susceptible Plaintiff.  Plaintiff is not entitled to compensation for any physical or emotional condition that pre-existed the fault of [defendant].  However, if [plaintiff] had any pre-existing physical or emotional condition that was aggravated or made worse by [defendant’s] fault, you must decide the full amount of money that will reasonably and fairly compensate [plaintiff] for that aggravation or worsening.  

You must decide the full amount of money that will reasonably and fairly compensate [plaintiff] for all damages caused by the fault of [defendant], even if [plaintiff] was more susceptible to injury than a normally healthy person would have been, and even if a normally healthy person would not have suffered similar injury.  

Source:  Revised Arizona Jury Instructions (Civil), 4th, Personal Injury Damages 2, “Pre-existing Condition, Unusually Susceptible Plaintiff.”