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Home / Insurance / Is expert testimony required for a jury to award emotional and mental emergency damages in Arizona? | Legal insurance blog for property insurance

Is expert testimony required for a jury to award emotional and mental emergency damages in Arizona? | Legal insurance blog for property insurance



Arizona has a strong interest in ensuring that its residents are made whole for damages incurred in Arizona. Bryant vs. Silverman 146 Ariz. 41, 47, 703 P.2d 1190, 1196 (1985). For this purpose, the injured plaintiff allows to recover all damages caused by a tortfeasor, including financial and emotional damages. Rawlings v. Apodaca 151 Ariz. 149, 161, 726 P.2d 565, 577 (1986).

Emotional emergency injuries are "essentially subjective" and can be proven with reference to the injuries and observations of an injured party's others. See Carey v. Piphus 435 U.S. Pat. 247, 264 No. 20 (1978); also Johnson v. Hale 13 F.3d 1

351, 1352 (9th Cir. 1994) (emotional damage may be awarded based on testimony alone or appropriate conclusion from the circumstances); Merriweather v. Family Dollar Stores 103 F.3d 576, 580 (7 Cir. 1996) (plaintiff's testimony may be sufficient to support emotional harm); Larson v. Nanos 2016 WL 4592184 at * 7 (D. Ariz. 2016) (“Expert testimony is not necessary for a jury to award emotional damages …); Avila v. Century Nat. Ins. Co. 2012 WL 1095225 at * 2 (9th Cir. 2012) (note that there was a real issue of material facts regarding emotional damages, as lay witness testimony was sufficient for a jury to conclude that the injured party was harmed by the insurer's conduct. ) Ortega-Guerin v. Phoenix City 2006 WL 2403511 at * 3 (D. Ariz., 2006) ("Emotional damages awards need not be supported by" objective "evidence.") (Referring to Passantino v. Johnson & Johnson Consumer Products, c., 212 F.3d 493, 513 (9th Cir. 2000).

Emotional damages are compensatory damages that are recoverable, and no expert opinion is required for a jury to grant these damages.See eg ., Rawlings 151 Ariz. at 161, 726 P.2d at 577; also Larson, 2016 WL 4592184 at * 7. [19659003] If a plaintiff can testify that he / she has experienced emotional and mental distress, it is sufficient gt with evidence for a jury to consider awarding damages for this type of damages. But as a practical matter, it is best to secure testimonies also from independent witnesses such as family, friends, schoolteachers and coaches to support claims of emotional and psychological distress.


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