pain and suffering settlements

If you’ve ever been in an accident, you already may be familiar with “pain and suffering” as a legal term. Pain and suffering is the physical and emotional stress caused by an accident. Attorneys sometimes refer to this as the “hassle” factor for having to deal with the aftermath of an accident. It can include everyday aches and pains, as well as emotional distress that few may be aware of.

Ultimately, pain and suffering is a catch-all term used for classifying general damages. In Arizona, California and Colorado, for example, there are jury instructions that explain what specific types of damages a claimant is entitled to. In Arizona, juries are asked to consider “the pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced, and reasonably probable to be experienced in the future as a result of your injury.”

When determining the value of a case, pain and suffering is just one aspect the overall damage calculation. Beyond property damage, a client’s medical bills and lost wages — and other factors, such as physical impairment and emotional distress, as well as the physical location of the accident — also need to be considered.

By evaluating the totality of a situation, an experienced lawyer can place a value on a claim, and educate the client on what a fair settlement might be.

Average Pain and Suffering Settlements

Unfortunately, there are many myths surrounding pain and suffering settlements. Perhaps the greatest myth of all is that it’s possible to find an “average” pain and suffering settlement.

After all, numerous websites offer pain and suffering calculators. If you are an accident victim who is trying to determine what your case is worth, you may have already encountered a variety of articles offering guidance on settlement averages.

Regrettably, in reality, there is no such thing as an average pain and suffering settlement. This is especially the case for car accidents, because no two car accidents are exactly same. In fact, at Negretti & Associates, we sometimes represent multiple people involved in the same car accident, and each person’s injuries are different. Each person’s pain and suffering damages settlement will vary depending on his or her injuries.

Rather than trying to figure out an average settlement, accident victims really should be trying to determine whether their settlement seems fair, based on their individual circumstances.

Measuring Pain and Suffering

A measure of pain and suffering often comes by way of an impairment rating. At Negretti & Associates, when clients are injured to the point of being permanently impaired, we have them evaluated for an impairment rating. This rating typically comes in the form of a percentage.

For example, a client may have a 6 percent impairment in her wrist. This impairment is really a form of pain and suffering. Using our knowledge of impairment ratings, we are able to capture compensation that reflects the pain and suffering that the client would experience due to the impairment.

Pain and Suffering Due to Emotional Distress

Emotional distress is a recognized claim that can be made within the aspect of pain and suffering. Emotional distress is almost always felt and rarely seen. Sometimes the outward manifestation of an emotional reaction can be detected, but most of the time people suffer in silence.

One of the biggest emotional distresses that we see from our clients is anxiety after an auto accident. Our clients often tell us that they get really anxious driving after an auto accident and feel an overwhelmed and fearful that everyone is going to hit them. In some cases, this emotional distress becomes so debilitating that clients have to seek treatment from a medical professional for possible diagnoses, such as post-traumatic stress disorder.

Emotional distress is an important part of your pain and suffering claim. At Negretti and Associates we usually ask each client to write a victim impact statement, so that we can help the insurance company better understand the emotional distress that our client suffered.

In one pain and suffering case, Negretti & Associates represented a young girl who was traumatized from being locked inside of a store and not allowed to leave. We were able to work with our client to understand the root of her trauma. Through the medical professionals who treated her, we were able to better grasp the night terrors that she suffered from. Armed with this information, we negotiated a settlement that included the pain and suffering that this young girl experienced — and was expected to continue to experience.

Get the Help You Need

At Negretti & Associates, our team of experienced lawyers works to negotiate on behalf of our clients, to ensure that we reach the target value that we place on a case.

If you have a pain and suffering settlement question, call us at 602-531-3911 in Arizona, 619-777-3370 in California, or 720-636-3444 in Colorado. Or, you can contact us with our online form. We’ll be happy to talk with you.

defamation claims

When people hear the term “personal injury lawyer,” they typically think of auto accidents. It’s common to see personal injury lawyers in TV commercials talking about how they can help victims of auto accidents.

Yet, personal injury law is so much broader than car accidents. Of course, personal injuries can be physical, such as whiplash or broken bones sustained in a car accident. Yet, they can also be emotional in nature — especially when there is damage to one’s reputation.

When a reputation-damaging remark meets a series of criteria, it may be worthwhile to consider filing what is called a defamation claim.

Types of Defamation: The Difference Between Libel and Slander

What is defamation? At its essence, defamation is an umbrella term for a remark that is harmful to one’s reputation. There are two types of defamation: libel and slander.

  • Libel is when someone writes something about you that is defamatory and, in turn, harms your reputation. A written defamatory remark can be published in traditional media — such as a newspaper, magazine, or book — as well as in digital media, such as a text message.
  • Slander is when someone says something about you that is defamatory and, in turn, harms your reputation.

How Do You Prove Defamation of Character?

If you are the victim or a defamatory action, how do you prove that you have been harmed? There are three key elements to proving defamation of character. You have to prove that the defamatory statement was published or told to somebody else; that the statement was false; and that you were injured in some way

First, you have to prove that the information was published. As mentioned above, a written remark can be published in a newspaper or book, while a spoken remark can be told to someone else, in the presence of another party.

The spoken remark can’t simply be between two people. For example, if someone were to call you a liar in private, with no one else present, then you’ve simply been called a liar. Yet, if a third person is present for the conversation and listening, and someone calls you a liar, then the remark can be considered defamatory.

Second, you have to actually prove that the statement was false. When it comes to defamation lawsuits, there’s a common saying, that “the ultimate defense is the truth.” If someone says something that is truthful, that is the defense to a defamation claim. The party that has been harmed must prove the statement false.

Third, you must prove that the written or spoken statement actually led to injury, and that there was some harm. Again, in the context of defamation, injury can span emotional or financial injury — a dented reputation or a loss of job opportunities, for example.

If the three elements for proving defamation are met, then the victim has what is called an “actionable” defamation claim.

Opinions and Defamation

You will see a lot of defamation suits involving Hollywood actors and actresses. Because of their status, and because their reputations mean everything to them, actors and actresses are more likely to pursue defamation claims when negative things are written about them, or said about them on TV or online.

Yet, defamation claims can be hard to pursue. For a claim to be worth pursuing — in terms of time, money, and effort — one must have a substantial reputation to begin with.

Further, just because someone voices or publishes a negative opinion, and it is truly just an opinion, they may not have made a defamatory statement.

If you believe that you have been the victim or a defamatory statement, and some sort of actionable claim can be made, give Negretti & Associates a call, at 602-531-3911 in Arizona, 619-777-3370 in California, or 720-636-3444 in Colorado. Or, you can click here to contact us with our online form. We’ll be happy to talk with you.

Granted, you may have to put your pride on the sidelines for a minute as we reflect upon the three key elements of defamation: Was the statement published or told to someone else? Was it false? What are the injuries that you suffered as a result of the statement, and did it stop you from getting a job, or cause you to lose your job?

car accident out of state while on vacation

Have you ever had the terribly unfortunate experience of having a car accident out of state, while on vacation? An otherwise perfect trip can be completely ruined in an instant.

You could be California resident who has had a car accident while on vacation to the Grand Canyon, or an Arizona resident on who has had an accident outside of Disneyland. Because you reside in one state and have an accident in another, you may face a series of highly important, but very common, questions regarding finding the right lawyer for your accident claim.

Watch Negretti & Associates’ Jonathan Negretti on AZTV 7’s Daily Mix show, discussing what you should do if you have a car accident out of state, while on vacation.

Negretti & Associates is a personal injury firm that is licensed to practice law in Arizona, California, and Colorado. We’re familiar with the laws of those three states, and we have handled many claims in each. We have helped many Arizona residents who have had accidents in California and receive treatment for injuries while at home in Arizona.

Experience has taught us this: If you have been involved in a car accident out of state, you will want to work with an attorney who is licensed both in the state where the accident occurred, as well as the state in which you live and are receiving post-accident treatment.

This is because there are different laws in all 50 states of the United States. What’s more, there be conflicts between state laws, and some states have little-known laws that can directly impact what you are entitled to, in terms of damages and recovery. It can be tremendously helpful to work with a lawyer who knows and understands the differences of “local” state laws.

Example: A Disneyland Trip Gone Wrong

Imagine that you and your family drive from Arizona to Anaheim, to take the children to Disneyland. You’re nearing the entrance to the Disneyland parking lot and suddenly you get rear ended.

You take the kids the hospital, to have them checked out. You quickly realize that it’s best to return home early. Vacation is over.

Once at home, you start looking for a personal injury attorney to help you with your accident claim. The accident happened in California, and the person who rear-ended you is a California resident. Yet, you are an Arizona resident who will be receiving medical treatment in Arizona.

Some questions start to bubble to the surface:

  • Should I hire an attorney in California, or an attorney in Arizona?
  • Does it matter whether the attorney in Arizona is licensed to practice law in California?
  • Does it matter whether the California attorney is licensed to practice law in Arizona?

These are normal, common questions to be thinking about in this situation. As the following legal cases show, a lawyer who knows and understands the differences in state laws can have an important impact on your accident claim.

Differences in California and Arizona Accident Laws

In the event that you are on that trip to Disneyland, and you don’t have auto insurance at the time of your accident, you may be limited on what you can recover as a claimant in that auto accident claim, because of a less-well-known law called Proposition 213.

Prop 213 says is that if you are in an auto accident and you are not at fault, but you did not have auto insurance at the time of the accident, you are not entitled to recover for your pain and suffering. That drastically changes what you can recover for your injuries in an auto accident claim.

California attorneys would be very familiar with Prop 213. Yet an Arizona attorney who has never practiced in California may not aware of this law, because there is no equivalent to Proposition 213 law in Arizona. In effect, you could work with an Arizona attorney to pursue your claim, and all of the sudden you realize that you’re only able to be paid back for your medical bills — not additional pain and suffering.

In addition, there is also a California Supreme Court decision, called Howell v. Hamilton Meats & Provisions, Inc., of 2011.

The Howell case decided that, in California, the auto insurance company only has to pay you for paid hospital or medical charges, not billed hospital or medical charges.

To illustrate, assume that you get into an accident in Arizona. You go to the hospital, and the bill for medical treatment is $1,000. Your health insurance pays $250. You submit the $1,000 bill and you get compensated $1,000 by the auto insurance company that insured the driver who caused the accident. They may argue about the reasonableness of that bill, but essentially, the argument would be that you should get paid for the $1,000.

In California, according to Howell, there are key differences. You would go to the hospital and be billed $1,000, and your health insurance pays $250. Yet, the other driver’s auto insurance company is only required to pay $250. This causes a number of problems:

  • Your health insurance company may have a right to be reimbursed for anything they paid on your behalf, which means your net result there is zero.
  • The hospital, itself, may record a lien, stating that it wants to recover the difference between what your health insurance paid ($250) and what the billed charges were ($1,000). As a result, you would owe the hospital $750.

Scenarios such as these frequently come into play when dealing with out-of-state car accidents. That’s why having an attorney who is familiar with local state laws can be helpful when you are in an accident in a different state.

Compensation for Unused Tickets and Reservations

Let us return to the Disneyland accident example for one moment. If you were unable to enjoy your theme park visit because of the accident, you should be compensated for the unused tickets, in addition to car damages and medical bills. The unused tickets are considered to be among your damages, which is a legal word for your losses that occurred as a result of that accident.

Yet, if you were in an accident and went into Disneyland anyway, and it wasn’t any fun for you, because you had a sore back, a claim of damages would be a tough argument to make. There would be no way to verify whether you didn’t enjoy yourself, or didn’t enjoy the park as much as you would have, had you not been involved in an accident.

Other forms of loss that you may have experienced — such as unused, nonrefundable hotel reservations, or having to purchase plane tickets to fly back home early, because you could not drive — may also qualify as damages. All sorts of out-of-the-ordinary things can happen with accidents while on vacation.

That said, if you are an Arizona, California, or Colorado resident, and you have a question about damages related to your out-of-state car accident — while on vacation in Arizona, California, or Colorado — contact Negretti & Associates. We’ll talk you through what compensation you may be entitled to.

Having Trouble Finding an Out-of-State Lawyer? Contact Negretti & Associates

If you get into an accident in a different state than where you live, and you are trying to find an attorney who is licensed in both those states, and it may not be easy.

If you cannot find a lawyer that is licensed in two specific states, give Negretti & Associates a call. We have access to a database of attorneys who practice all over the US. We will do our best to find you someone who is licensed where your accident occurred and licensed where you live.

We would rather have you put in the right hands — a law firm who understands local laws and can help you properly resolve your accident claim. You should achieve a recovery that’s commensurate with everything you endured with regards to your accident.

Please call us at 602-531-3911 in Arizona, 619-777-3370 in California, or 720-636-3444 in Colorado. Or, you can click here to contact us with our online form.

phoenix pedestrian accident attorneys

Just as Phoenix has become a bustling metropolitan city — with new commercial developments, roadways, and residential communities debuting with each day — accidents involving pedestrians and motorists have been on the rise. Since 2010, the number of pedestrians killed by cars in Phoenix has more than doubled.

Tragically, many accidents commonly occur in places where people and vehicles are forced to share limited space — at crosswalks, intersections, light-rail crossings, and parking lots. Far too often, drivers are simply not paying attention to their surroundings.

If you’ve been injured in a pedestrian accident in Phoenix, the outcome of your accident can hinge on whether or not you have an experienced personal injury lawyer on your side.

Pedestrians have the same right to recover monetary damages as drivers do in auto accidents. Unfortunately, many injured pedestrians are unaware of this, and never receive the compensation that they are entitled to. Without an attorney, they risk being stuck with expensive medical bills and, even worse, life-changing injuries.

The experienced Phoenix pedestrian accident attorneys at Negretti & Associates will vigilantly defend your rights and pursue any rightful claims for damages, medical expenses, and compensation for the pain and suffering you have endured.

What To Do If You Have Been Hit by a Motorist in Phoenix

Here are some steps to take after you’ve been involved in a pedestrian accident:

  1. Record the names, addresses, insurance information, and license plate numbers of all the vehicles involved.
  2. Be sure to get the contact information of all witnesses present.
  3. Photograph and document the scene of the accident and your subsequent injuries.
  4. Seek immediate medical attention for all of your injuries.
  5. Do not speak with insurance companies or sign any documents regarding the accident until you have discussed your case with an experienced Phoenix pedestrian accident attorney.

How a Phoenix Pedestrian Accident Attorney Can Help Seek Compensation for Injuries

In Arizona, motorists are responsible for yielding to pedestrians and paying attention to their surroundings. If a driver fails to do either of these two things and causes injury, the injured person will likely be able to bring a claim and collect compensation.

If you have been in a pedestrian accident and can show that the driver was at fault, the at-fault driver’s insurance can cover your medical expenses related to the accident in most cases.

Arizona law requires that all motorists carry auto insurance. The minimum amount of coverage includes the following.

  • $15,000 per person for bodily injury or death
  • $30,000 per accident if more than two people are involved
  • $10,000 for property damage or destruction

These are the minimum requirements laid out by Arizona Revised Statute 28-4009. However, if the driver is not insured, you may could either file a lawsuit or look to your own insurance carrier for compensation.

If you are a pedestrian injured by an uninsured motorist, you may be eligible for compensation through your own insurance provider and your insurance policy.  You will want to contact an experienced Phoenix pedestrian accident attorney to help you navigate the process. The personal injury attorneys at Negretti & Associates are ready to assess the circumstances of your accident and convey options that are available to you.

When an Accident Occurs Outside of a Crosswalk or While Jaywalking

Like all roadway users, pedestrians have a duty to observe and obey traffic laws and control signals. This means, for example, that a pedestrian may not walk alongside highways or step from a sidewalk into traffic without assuming legal responsibility for any subsequent accidents his or her conduct causes.

Pedestrians may typically only cross at marked crosswalks when they receive the go-ahead from the control device. Arizona Revised Statute 28-793 prohibits pedestrians from “jaywalking,” or crossing the roadway where there is not a marked crosswalk or intersection. A pedestrian must yield the right-of-way to vehicles in the roadway, and wait until traffic clears to safely cross.

Should a pedestrian decide to step into traffic without allowing enough time and room for oncoming vehicles to stop, he or she will likely be held responsible for an accident that follows.

Why You Should Choose the Phoenix Pedestrian Accident Attorneys at Negretti & Associates

At Negretti & Associates, we will vigilantly defend your rights and pursue any rightful claims for damages, medical expenses, and compensation for the pain and suffering you have endured in your accident. We also understand the importance of securing compensation for future medical treatment and for the time you have to take off from work to deal with your injuries. We will work diligently to maximize your recovery and help you achieve the best possible settlement.

There is no reason for you and your family to go this alone. The experienced accident attorneys at Negretti & Associates are ready to fight for you. If you’d like to schedule a free consultation, please call us at 602-531-3911 or click here to write to us.

safety tips for memorial day weekend in arizona

This Memorial Day weekend, families across the United States will celebrate the unofficial beginning of summer. For those of us living in Arizona, this monumental three-day weekend means embarking on a spontaneous road trip, grilling by the pool, or lounging on the lake. However, fun activities such as these often mean an increase in accidents over the holiday weekend.

Most people don’t feel like an accident would ever happen to them. Unfortunately, accidents are unpredictable and can happen to anyone.

By taking simple safety precautions, you can decrease the chances of an injury to you or a loved one.

Road Safety

Memorial Day is among the worst days of the year to be on the open road. With 44% of all traffic fatalities are alcohol-related, one cannot be too cautious on such a notoriously celebrated holiday.

You can avoid an alcohol-related accident by:

  • Having a designated driver
  • Arranging for a place to stay if you don’t have a designated driver
  • Calling a cab or an Uber/Lyft
  • Make sure your vehicle has been properly maintained

Pool Safety

The most popular way to cool off, especially here in Arizona, is a dip in the swimming pool. Even though an afternoon out by the pool is fun, accidents still happen. Hundreds of children have drowned during the Memorial Day Weekend.

Below are some tips to keep you and your youngsters safe:

  • Do not run near the pool
  • Never leave children unattended
  • Have life jackets available
  • Keep pools maintained properly

How An Accident Attorney Can Help You

If for whatever reason you find yourself in harm’s way this Memorial Day weekend, there’s no need for you to face the insurance companies alone. At Negretti & Associates, our dedicated accident lawyers are here to help you get back on your feet after your accident.

Your recovery can hinge on whether or not you have an experienced accident lawyer on your side.

An insurance company will try to minimize your injuries to save themselves as much money as possible. Do not go it alone. We will negotiate with the insurance company on your behalf to get you the maximum compensation you deserve for your current and future medical treatment, property damage, and lost wages.

We will vigilantly defend your rights and pursue any rightful claims for damages, medical expenses, and compensation for the pain and suffering you have endured. We also understand the importance of securing compensation for future medical treatment. We will also help you collect compensation for time you have to take off from work to deal with your injuries. Learn more about auto accident cases.

Our team of accident attorneys knows what it takes to win. We promise to fully investigate your claim and make sure you get the recovery you deserve. Please call us at 602-531-3911 or click here to email us.

self-driving car accidents
According to the National Highway Traffic and Safety Administration (NHTSA), approximately 94% of car accidents are due to human error. Innovators have imagined a world where our faults would no longer endanger each other on the road.

Today, self-driving cars seem to be a permanent reality, especially in Arizona where Uber had been testing its autonomous vehicles. While many passengers arrived unharmed, one self-driving car hit and killed a pedestrian on March 18, 2018.

As self-driving vehicles enter our roads, the chances of self-driving car accidents will inevitably increase.

Potential Claims for Self-Driving Car Accident Victims

Although the law surrounding self-driving vehicles is widely unsettled, Nevada and California have determined that the operator of the car (the person who “causes the technology to engage”) is responsible if there is an accident.

How An Accident Attorney Can Help You

If you have been injured in a self-driving car accident, do not hesitate to give us a call. Your recovery can hinge on whether or not you have an experienced accident lawyer on your side.

An insurance company will try to minimize your injuries to save themselves as much money as possible. Do not go it alone. At Negretti & Associates, we will negotiate with the insurance company on your behalf to get you the maximum compensation you deserve for your current and future medical treatment, property damage, and lost wages.

We will vigilantly defend your rights and pursue any rightful claims for damages, medical expenses, and compensation for the pain and suffering you have endured. We also understand the importance of securing compensation for future medical treatment. We will also help you collect compensation for the time you have to take off from work to deal with your injuries. Learn more about auto accident cases.

Our team of accident attorneys knows what it takes to win. We promise to fully investigate your claim and make sure you get the recovery you deserve. If you’d like to schedule a free consultation, please call us at 602-531-3911 or click here to email us.

Receiving compensation after an auto accident largely depends on who was at fault. As a result, determining who gets compensation can be complicated when one or more drivers are partially at fault.

An experienced accident lawyer can help you navigate this process and begin the process of determining responsibility. Ultimately, your recovery will depend on what type of fault law the state of the accident has adopted.

Arizona Partial Fault Law Explained

Arizona is a pure comparative fault state. This means that fault can be apportioned to multiple people. Anyone found partially at fault is responsible for paying the relative percentage of damages.

For example, if Driver A is found to be 20% at fault for a car accident, the total compensation available to him will be reduced by 20%.

Now, imagine that Driver A were found to be 80% at fault for a car accident, and the jury awarded Driver A $100,000 in damages. Even though a majority of the fault is placed on Driver A, he may still recover. The $100,0000 award would be reduced by 80%, due to Driver A’s comparative fault. As a result, Driver A would only receive $20,000 of the $100,000 total award.

Recoverable Damages

Due to Arizona’s Partial Fault Law, don’t assume that you won’t be able to recover damages until you speak to an attorney!

If you’ve been injured in an auto accident in Arizona, you can recover compensatory damages. This includes property damage, pain and suffering, medical bills, lost wages, and emotional distress that results from your auto accident.

How A Personal Injury Lawyer Can Help You

The outcome of your case can hinge on whether or not you have an experienced Arizona personal injury lawyer on your side.

Unfortunately, insurance companies rarely provide fair compensation to accident victims. Insurance adjusters use partial fault to intimidate accident victims into either accepting unfair settlements or not filing a claim at all. Remember, insurance companies will always try to reduce its costs and save money.

Don’t let an insurance company take advantage of you. There is no reason for you and your family to go this alone. The experienced accident lawyers at Negretti & Associates regularly handle partial fault accidents in Arizona and can help you successfully navigate this process. Learn more about auto accident cases.

If you were injured in an accident and you were held partially at fault, you may still have a claim to recover just compensation. To learn more about your rights and options moving forward give us a call. If you’d like to schedule a free consultation, please call us at 602-531-3911 or click here to email us.

Watch Negretti & Associates’ Jonathan Negretti on AZTV 7’s Daily Mix show, discussing scooter accident liability, and how the fine print found in scooter companies’ terms-of-service agreements can impact riders.


Electric scooters seem to be everywhere. It has now become commonplace to see one, two or sometimes three different scooter companies represented on any given street corner. Scooters are pay-per-ride, so they are freely transported all over town, as more and more people are utilizing them.

Yet, just as scooter usage has exploded in popularity, so have scooter accidents:

  • According to the Arizona Republic, scooter accidents in metro Phoenix just hit triple digits.
  • Meantime, a UCLA study found that one-third of scooter-related emergency-room visits have involved delivery by ambulances — an indication of how serious injuries related to scooter accidents can be.

Scooter accidents range from minor to catastrophic. Riders have landed in the hospital with injuries ranging from severe gravel rash to knocked-out teeth, ripped-out toenails, detached biceps, and traumatic brain injuries.

Across the country there are stories of riders being killed while riding on scooters. Some cities are continuing to study safety measures to ensure that scooter riders avoid accidents. Officials in some cities, including San Francisco and Santa Monica, have temporarily banned electric scooters and filed criminal complaints against the companies behind them for operating without a business permit.

scooter accidents and injuries on the rise

Who Is at Fault in a Scooter Accident?

What happens if you are involved in an accident while riding a scooter? Does the scooter company offer insurance to cover you? If you are involved in an accident with an automobile, does their insurance cover you? If you have auto insurance, does it cover you as a rider of a scooter?

It’s important to figure out who is at fault before you can figure out who is responsible to pay for your injuries. As you probably guessed, many insurance policies were drafted well before the advent of these scooters. The language in a policy will be critical to determining coverage.

If you find yourself in this situation, it would be a good idea to give the attorneys at Negretti & Associates a call, so that we can review your policy for potential coverage.

Common Types of Scooter Accidents

Scooter accidents include the following:

  • Scooter driver hit by another vehicle.
  • Pedestrians tripping on abandoned scooters.
  • Scooter crash due to road hazards like potholes.
  • Crash due to malfunctioned or defective scooter.

If you are riding a scooter and you are hit by another vehicle, that vehicle’s insurance company may cover your claim. Additionally, your own auto insurance coverage may apply, depending on the language in your policy. Homeowners insurance could also apply, depending on the policy.

In a scenario in which a pedestrian trips over a scooter that was abandoned, the pedestrian might have a claim against the scooter manufacturer, as well as the city or private property owner where the scooter was located when the pedestrian fell.

If the scooter rider hits a pothole and suffers injuries, the city would be the most likely be the culprit. Obviously, it is not as easy as pointing the finger at the city. The scooter rider would have to present a notice of claim to the city establishing their claim and be able to demonstrate that the pothole was a “dangerous condition” that the scooter rider couldn’t see before encountering it.

Lastly, if a scooter rider is injured because of a defective scooter, that could trigger a product liability claim against the manufacture of the scooter. These types of claims can be very complicated and expensive to pursue.

Why Call Negretti & Associates?

If you have been injured while riding a scooter, it would be a good idea to contact the attorneys at Negretti & Associates. We can discuss your particular facts and circumstances, and help you determine whether you have a viable claim.

From the beginning, Negretti & Associates has wanted to change the way personal injury cases are handled. We have sought to simplify the process and make it easier for our clients to understand what’s happening with their cases.

We explain things in a straightforward, easy-to-understand way. Our thought is that if we deliver information in way that makes sense to our clients, then our clients can make educated decisions about their cases.

There Is No “I” in Team

Representing a client in a personal injury case requires a collaborative effort. We see our clients as teammates and collaborators. Everyone has different responsibilities and no one is more important than anyone else.

When we are hired by a client, we feel like we are being asked to join their team. We want to be the very best teammate that we can be. We use our legal education and experience to provide valuable insight to help our clients. We explain things with plain language and never talk down to our clients. There is no “I” in team.

Our Culture

At Negretti & Associates, our firm has embraced a culture of efficiency and communication. Our team works remotely on a daily basis.

Rather than wasting time commuting, we are answering emails, sending text messages, and making early morning phone calls. We believe this is one of our greatest strengths. We can be available and responsive when others are not.

As a result, we’re able to be nimble where other firms move slowly. Our team members are excited about the work that we do, and this ultimately means that we’re able to focus more on helping our clients.

Why Choose Negretti & Associates?

  • We will make your case simple for you.
  • We are a people-first personal injury team serving those injured in Arizona, California, and Colorado.
  • Not all news is good news, but we promise to be honest and update you in a straightforward fashion, in a way that you will understand.
  • We will vigilantly defend your rights and pursue any rightful claims for damages, medical expenses, and compensation for the pain and suffering you have endured.
  • We also understand the importance of securing compensation for future medical treatment.
  • We will also help you collect compensation for time you have to take off from work to deal with your injuries.
  • Our team of injury attorneys knows what it takes to win. We promise to fully investigate your claim and make sure you get the recovery you deserve.

how pain and suffering damages are calculated

Within the field of personal injury law, pain and suffering is a general term that refers to classifying damages. It is the physical and emotional stress caused by an accident — the “hassle factor” for having to deal with the aftermath of an accident. It can include those everyday aches and pains, as well as emotional distress that others may not notice.

After an accident, a victim cannot “sue” for pain and suffering. However, one can file a lawsuit for the negligence caused by another party — and damages resulting from that negligence.

Factors Influencing How Pain and Suffering Damages Are Calculated

Unfortunately, there is no magic formula for calculating what one should be paid for pain and suffering damages. That’s because pain and suffering is specific to each individual claimant. As individuals, we have different daily activities and we experience pain differently.

Many pain and suffering calculators are available online, but their calculations can be way off the mark. This is because online pain and suffering calculators often take a one-size-fits-all approach to valuing claims. They commonly do not take into account the state or county in which accidents occur.

The location of an accident is an important factor when calculating pain and suffering damages. A state or county with a more conservative population could award less in damages than a state or county with a more liberal population. By diving deeper into where an accident occurred and gaining a better understanding of the jury pool in a state or county, we can produce more accurate case valuations.

Additionally, online calculators don’t have a way to enter data related to pain and suffering. If a client requires treatment for more than one year before they are well again, that factor is vital to determining his or her pain and suffering.

Online calculators simply don’t have a way to capture that information and provide an accurate assessment of case value. Online calculators often give false expectations and, as a result, tend to leave clients disappointed and confused.

How Much Is the Average Settlement for a Car Accident?

There is no such thing as an average settlement for a car accident. That is because no two car accidents are exactly same. In fact, at Negretti & Associates we sometimes represent multiple people involved in the same car accident, and each person’s injuries are different. In other words, each person’s settlement will vary depending on his or her injuries.

Rather than trying to figure out an average settlement, you really should be trying to determine whether your settlement is fair to you, based on your specific set of circumstances.

How Much Do Insurance Companies Pay for Pain and Suffering?

The amount insurance companies pay for pain and suffering depends greatly on the type of injury suffered and the specific facts of a case. For example, someone who has neck pain would be compensated differently from someone who breaks a leg. Additionally, someone who goes to urgent care and doesn’t follow up with any other treatment would be paid differently from someone who goes to the ER and then follows up with 8 weeks of physical therapy.

The Pain and Suffering Multiplier

Decades ago, it was customary for insurance companies to pay a so-called pain-and-suffering “multiplier” to accident claimants. Insurance companies would “multiply” medical bills to determine pain and suffering.

Insurance companies stopped valuing claims with a pain and suffering multiplier after realizing that they were losing too much money. Instead, they developed sophisticated software programs that analyze data and compute case values. Software completely removed the human element from the process and has dramatically changed the way cases are valued.

If someone has told you that you should “look into collecting on a pain and suffering multiplier” for your accident claim, you will be disappointed to learn that insurance companies no longer do this.

Currently, you will be compensated based on factors such as the severity of the injury, the length of treatment, and the pain and suffering experienced. This will not equate to a multiplier of your pain and suffering.

Can You File a Pain and Suffering Claim Without a Lawyer?

You can certainly file a claim to recover for pain and suffering without a lawyer. However, without a lawyer, you will most likely collect much, much less. This is not because a lawyer has a magic set of skills. It is because a good lawyer will take the time to work with you, to understand all of the damages suffered, and how to properly present those to the insurance company.

Additionally, a great lawyer will work on the back-end of the settlement, to reduce the money that the client may owe to third-parties — for example, medical providers — and to ensure the client nets the best possible result.

At Negretti & Associates, we pride ourselves on our honest approach to your case value. Through experience we have developed a case valuation tool that helps us arrive at a settlement range for each case, based on specific facts.

Please give us a call to discuss your settlement and we will do our best to give you valuable feedback, so that you can make an educated decision on whether or not to settle your claim.

Call us in Arizona at 602-531-3911, in California at 619-777-3370, and 720-636-3444 in Colorado. Or, you can click here to contact us with our online form. We’ll be happy to talk with you.