Role of Fault in Calculating Damages

Arizona is a pure comparative negligence state, which means that the amount of damages totaled from Phoenix pain and suffering calculations and by calculating property damage in claims is reduced by the percentage fault each party had in an accident. This also means that a person can collect damages even if they were largely responsible for the accident.

What Is Comparative Negligence?

Comparative negligence is a legal concept that divides compensation awards by the victim’s share of the blame. Modified comparative fault states don’t allow a person who played a role of more than 50% or 51% in an accident to receive any compensation. In pure comparative fault states like Arizona, even a person who is 99% responsible can receive 1% of the compensation paid.

Let’s say a cyclist doesn’t stop at a red light and then is hit by a car that was speeding through an intersection. If the cyclist’s injuries and damages are determined to be $100,000, but their actions were 60% of the reason the accident happened, their award would be reduced by $60,000 to just $40,000.

As you can imagine, insurance companies and defense attorneys for at-fault parties will try to lower their client’s percentage fault to keep their financial responsibility for the accident to a minimum. 

An Exception to the Comparative Negligence Rule

If the at-fault party was reckless or intentionally caused the injuries or damages, courts may award additional punitive damages. Punitive damages are meant to punish bad behavior and make a public example of the wrongdoer to deter others from doing something similar. 

In Arizona, this amount can not be reduced by percentage fault.

What’s Included in Calculating Damages?

There are two main types of damages that should be included in a claim for compensation after an accident. Economic damages describe losses that can be backed by bills and receipts, and non-economic damages are intangible losses that are harder to put a number on. Percentage fault is applied to both damage categories.

Here is a more in-depth look at each:

Because non-economic damages cannot be calculated using receipts or bills, other methods are used to estimate the amount. These are:

• Multiplier method: The total economic damages are multiplied by a number between 1.5 and five, depending on the severity of the injuries.
• Per diem method: A daily dollar amount is multiplied by the number of days it takes to recover.

Gage Mathers Will Fight for Your Rights

Navigating Arizona’s personal injury laws is difficult if you aren’t a legal professional. 

If you were harmed or suffered damages during an accident, check out our list of questions to ask a personal injury lawyer and contact Gage Mathers to protect your rights and get the justice you deserve. We have the expertise and experience needed to gather and present evidence that ensures you receive the largest award possible!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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