Measure of Damages Personal Injury Damages 1, RAJI (Civil), 5th Addition, July, 2013. You also may recover for past and future lost wages, pain and suffering, disfigurement, and any disability that is proven by evidence in your personal injury case. If you are injured while on the job you may elect to recover worker’s compensation benefits. The worker’s compensation insurance carrier has a right of subrogation for the benefits that it paid out. Often times this lien or subrogation claim can be reduced to allow you a larger recovery. The at fault party may attempt to argue that you can only recover damages for the amount the worker’s compensation system actually paid for your medical bills and not for all incurred medical bills and not for all medical bills reasonably probable to be incurred in the future. However, in Arizona the Court will be required to apply the collateral – source rule which prevents a responsible party from arguing that the medical bills were paid by insurance. Arizona follows the collateral – source rule at total or partial compensation for any personal injury received from a collateral – source fully independent of the wrong doer does not operate to reduce the damages recoverable from the wrong doer. Contact: Craig Simon at Simon Law, 480-745-2450]]>
