Why You Need a Workers' Compensation Lawyer in Arivaca Junction
Arivaca Junction, a distinctive unincorporated community nestled in Pima County, Arizona, may appear tranquil on the surface, but the reality of workplace environments, even in such a setting, often presents unforeseen hazards. While not a bustling metropolis, Arivaca Junction and its surrounding areas are home to a diverse array of work settings, from agricultural operations and ranching to small local businesses, construction projects, and even roles related to border security or resource management. Each of these occupations, regardless of its perceived risk level, carries inherent dangers that can lead to debilitating injuries. Understanding why a dedicated workers' compensation lawyer is not just beneficial, but often essential, in this unique locale is crucial for any injured worker.
The very nature of work in and around Arivaca Junction often involves manual labor, operating machinery, working outdoors in challenging conditions, or frequent travel on rural roads. Agricultural workers might face risks from heavy machinery, pesticides, or repetitive strain injuries. Construction crews could encounter hazards like falls from heights, electrical accidents, or injuries from power tools. Even service industry employees in local establishments are susceptible to slips, falls, or ergonomic injuries. The fierce Arizona sun introduces additional risks such as heatstroke, heat exhaustion, and severe dehydration, which can lead to accidents or become occupational illnesses themselves. The proximity to Interstate 19 (I-19) means that delivery drivers, commercial vehicle operators, and even commuters passing through are regularly exposed to the risks of high-speed traffic and serious collisions.
While Arivaca Junction’s population is small, this doesn't diminish the severity or frequency of workplace accidents. In fact, smaller communities can sometimes lack the stringent safety oversight found in larger industrial complexes, or workers might be expected to perform multiple roles, increasing exposure to varied risks. Furthermore, employers in smaller settings might not have dedicated HR or legal departments to guide injured employees through the convoluted workers' compensation process, leaving individuals feeling lost and vulnerable. This is precisely where the expertise of a specialized workers' compensation lawyer becomes indispensable. An attorney understands the unique challenges of claiming benefits in Arizona, from navigating complex state statutes to dealing with insurance adjusters whose primary goal is often to minimize payouts. They can identify the specific nuances of a workplace injury in a rural context, connecting the incident to local working conditions, equipment, or environmental factors. They serve as your advocate, ensuring your rights are protected, all necessary forms are filed correctly and on time, and that you receive the full compensation you are entitled to under Arizona law. Without professional legal guidance, injured workers in Arivaca Junction often find themselves at a significant disadvantage against well-resourced insurance companies, risking denied claims, delayed medical care, and insufficient benefits.
Most Dangerous Roads and Intersections in Arivaca Junction, AZ
While Arivaca Junction itself is a small, unincorporated community, its residents and those who work within its vicinity regularly utilize specific roadways that, due to their design, traffic patterns, or environmental factors, present significant risks for motor vehicle accidents. These accidents, particularly for individuals whose jobs involve driving, commuting, or transporting goods, can easily become workplace injuries, leading to a workers' compensation claim. Understanding these dangerous thoroughfares is crucial for recognizing the specific hazards that can impact workers in this region.
The most prominent and trafficked artery near Arivaca Junction is Interstate 19 (I-19). This major north-south highway connects Tucson to Nogales and is a critical corridor for commercial traffic, commuters, and cross-border logistics. I-19 is known for its high-speed limits, often exceeding 75 mph in rural stretches, and the presence of numerous large semi-trucks. The combination of high speeds, heavy truck traffic, and sudden changes in terrain or merging lanes creates a fertile ground for severe accidents. For workers such as delivery drivers, truck drivers, sales representatives, or even construction crews working near the highway, I-19 presents a constant threat of multi-vehicle collisions, rollovers, and jackknifes. These incidents frequently result in catastrophic injuries, including traumatic brain injuries, spinal cord damage, and multiple fractures, all of which would fall under the purview of workers' compensation if the worker was on the job.
Branching off I-19 and serving as the primary access route to Arivaca Junction is State Route 289, also known as Arivaca Road. This two-lane highway, while less trafficked than I-19, carries its own set of dangers, particularly as it transitions from a high-speed rural highway to more winding sections. Arivaca Road is characterized by stretches of open desert, limited lighting at night, and an increased potential for wildlife crossings (deer, javelina, cattle). Workers traveling this route, whether for agricultural purposes, local deliveries, or routine commuting, are vulnerable to head-on collisions, run-off-road accidents, and impacts with animals, especially after dark. The intersection of I-19 and Arivaca Road (Exit 48) is a key point of concern, as vehicles transitioning between the high-speed interstate and the state route can lead to merge-related accidents, rear-end collisions, or misjudgments in speed and distance. While specific, granular accident statistics for these micro-locations are not always publicly disseminated by ADOT, general data for Pima County consistently highlights the dangers of rural highways, where high-speed impacts and lack of visibility contribute to more severe injury outcomes compared to urban areas.
Beyond these major routes, the network of unnamed and county-maintained dirt or gravel roads that crisscross the Arivaca Junction area also poses unique risks. These roads serve ranches, agricultural properties, and remote residences, and are often unpaved, uneven, and poorly maintained. Workers operating heavy machinery, utility vehicles, or personal vehicles on these surfaces can experience loss of control, rollovers, or become stuck, leading to falls, crush injuries, or exposure-related harm. Even seemingly minor incidents on these remote roads can become serious due to delayed emergency response times. Our firm understands that a workplace injury sustained on any of these roads, whether a high-speed interstate or a remote dirt track, necessitates a thorough investigation to establish its connection to your employment and secure the workers' compensation benefits you are legally entitled to receive.

Arizona Workers' Comp Laws: Statutes, Fault Rules and Deadlines
Navigating the complexities of Arizona's workers' compensation system can be a daunting task, especially when you are recovering from a workplace injury. Understanding the fundamental statutes, fault rules, and crucial deadlines is paramount to protecting your rights and ensuring a successful claim. Arizona operates under a no-fault workers' compensation system, a critical distinction that sets it apart from traditional personal injury claims. This means that an injured worker does not need to prove that their employer was negligent or at fault for the accident to be eligible for benefits. As long as the injury or illness "arose out of and in the course of employment," the worker is generally entitled to compensation, regardless of who might have caused the accident, or even if the worker themselves made a mistake that contributed to the injury. This no-fault principle is designed to provide prompt medical care and wage replacement without the need for lengthy litigation over fault, but it also means that, in most cases, a worker cannot sue their employer for pain and suffering damages directly through the workers' comp system.
The legal framework for workers' compensation in Arizona is primarily governed by Title 23, Chapter 6 of the Arizona Revised Statutes (A.R.S.), and overseen by the Industrial Commission of Arizona (ICA). The ICA is the state agency responsible for administering workers' compensation laws, hearing disputed claims, and ensuring compliance. When an injury occurs, several critical deadlines come into play. The most stringent is the Statute of Limitations for filing a formal claim. In Arizona, an injured worker generally has one year from the date of the injury to file a Worker's and Physician's Report of Injury (Form 102) with the ICA. For occupational diseases, the one-year period typically begins from the date the worker discovers or reasonably should have discovered the connection between their illness and their employment. Missing this one-year deadline is catastrophic to your claim, as it will almost certainly be barred, regardless of the merits of your injury.
Beyond the formal filing deadline with the ICA, there are also important internal reporting deadlines that injured workers must adhere to. While Arizona law requires employers to be notified "promptly" of a work injury, it is generally recommended to report the injury to your employer as soon as possible, ideally within 30 days. Delaying this report can raise suspicion with the insurance company and make it more challenging to prove that the injury was work-related. The employer, in turn, has a responsibility to report the injury to their workers' compensation insurance carrier, who then files the necessary paperwork with the ICA. All employers in Arizona, with very few exceptions, are legally required to carry workers' compensation insurance to cover their employees. Failure to do so can result in severe penalties for the employer and does not absolve them of their responsibility to compensate injured workers. Navigating these various deadlines, understanding the specific forms required, and dealing with potentially uncooperative employers or skeptical insurance adjusters often necessitates the expertise of an experienced workers' compensation attorney. A lawyer from AccidentLegalForce will ensure all legal requirements are met, deadlines are adhered to, and your claim is presented strongly to the ICA, protecting your right to benefits under Arizona law.
Common Injuries from Workers' Comp Accidents in Arivaca Junction
Workplace accidents in Arivaca Junction, whether occurring on a sprawling ranch, a construction site, a local business, or on the roads leading into or out of the community, can result in a wide spectrum of injuries. These injuries often extend far beyond immediate pain, leading to significant medical costs, prolonged recovery periods, and substantial long-term impacts on a worker's life and livelihood. Understanding the common types of injuries sustained in these environments is crucial for recognizing the severity of an incident and the importance of comprehensive legal and medical support.
One of the most devastating outcomes of workplace accidents is a Traumatic Brain Injury (TBI). Falls from ladders or equipment, impacts from falling objects, or motor vehicle collisions (especially common on I-19 or AZ-289) can cause head trauma ranging from concussions to severe brain damage. A TBI can lead to permanent cognitive impairments, memory loss, personality changes, motor skill deficits, and chronic headaches, requiring extensive and costly neurological care, rehabilitation, and potentially lifelong assistance. Similarly, Spinal Cord Injuries are tragically common in accidents involving heavy lifting, falls, crush injuries from machinery, or high-impact vehicle accidents. These injuries can result in paralysis, chronic pain, loss of sensation, and bowel/bladder dysfunction, necessitating complex surgeries, specialized physical therapy, and adaptive equipment, with costs escalating into the millions over a lifetime.
Fractures are another frequent consequence, ranging from simple breaks to complex comminuted fractures requiring surgical intervention. Hands, wrists, arms, legs, hips, and ribs are particularly vulnerable to fractures from slips, falls, machinery accidents, or impacts. Recovery often involves casts, plates, screws, and extensive physical therapy, leading to significant time away from work and potentially long-term limitations in mobility or strength. Soft tissue injuries, while sometimes perceived as less severe, can be equally debilitating. Sprains, strains, tears to ligaments, tendons, and muscles in the back, neck, shoulders, and knees are common from repetitive motions, heavy lifting in agricultural or construction roles, or sudden twists and falls. These injuries can cause chronic pain, limit range of motion, and may require lengthy physical therapy, injections, or even surgery, leading to persistent discomfort and reduced work capacity.
In specific workplace environments, burns can be a significant hazard. Workers in construction, welding, or industries dealing with chemicals or high temperatures are at risk of thermal, chemical, or electrical burns. These injuries often necessitate specialized burn unit care, skin grafting, and can result in severe scarring, nerve damage, and psychological trauma. Given Arizona's climate and the outdoor nature of many jobs in the Arivaca Junction area, heat-related illnesses such as heatstroke, heat exhaustion, and severe dehydration can also be classified as occupational injuries, sometimes leading to falls, organ damage, or other complications. Furthermore, some workers may experience Post-Traumatic Stress Disorder (PTSD) following a particularly traumatic workplace event, such as a severe accident, witnessing a fatality, or experiencing violence, particularly relevant for professions like law enforcement or border patrol. The psychological toll of such events can be profound, requiring counseling and therapy. The cumulative costs of treating these injuries – from emergency room visits, diagnostics (MRI, CT scans), surgeries, medications, physical and occupational therapy, to long-term care and psychological support – can quickly overwhelm an injured worker and their family. An experienced workers' compensation attorney at AccidentLegalForce understands the full scope of these injuries and the potential long-term impacts, fighting to ensure that all current and future medical needs are comprehensively covered by your claim.

Compensation Available for Arivaca Junction Workers' Comp Victims
When a worker in Arivaca Junction sustains an injury on the job, the Arizona workers' compensation system is designed to provide a safety net, offering specific types of compensation to help them recover and support themselves and their families. It is crucial to understand that workers' compensation benefits primarily cover medical expenses and lost wages, and operate under different principles than a traditional personal injury lawsuit. Unlike a personal injury claim where you might seek "economic damages" (like medical bills and lost wages) and "non-economic damages" (like pain and suffering), Arizona's workers' compensation system typically does not provide direct compensation for pain and suffering or punitive damages from your employer. However, the benefits it *does* offer are vital for an injured worker's financial stability and recovery.
The cornerstone of workers' compensation benefits is the coverage of Medical Expenses. This includes all reasonable and necessary medical treatment related to your work injury or occupational disease. This can encompass emergency room visits, doctor appointments, diagnostic tests (X-rays, MRIs, CT scans), surgeries, hospital stays, prescription medications, physical therapy, occupational therapy, rehabilitation services, assistive devices (crutches, wheelchairs), and even mileage reimbursement for travel to and from medical appointments. The goal is to ensure you receive the best possible care to reach maximum medical improvement (MMI).
In addition to medical care, workers' compensation provides Lost Wage Benefits, also known as "indemnity benefits," to help replace income lost due to your inability to work. These benefits are categorized into:
- Temporary Total Disability (TTD): Paid if your doctor determines you are completely unable to work for a temporary period. In Arizona, this is typically two-thirds (2/3) of your average weekly wage, up to a state-determined maximum.
- Temporary Partial Disability (TPD): Paid if you can return to work but at a reduced capacity or lower wage than before your injury. This compensates for a portion of the difference in your earning capacity.
- Permanent Partial Disability (PPD): If your injury results in a lasting impairment even after you've reached MMI, you may be eligible for PPD benefits. These are calculated based on the severity of your impairment, often using impairment ratings, and factors like your age, occupation, and wage. This can be paid as a lump sum or in periodic payments.
- Permanent Total Disability (PTD): In rare cases where an injury permanently prevents you from returning to any gainful employment, you may be eligible for PTD benefits, which provide ongoing wage replacement.
Furthermore, if your injury prevents you from returning to your previous job, the system may offer Vocational Rehabilitation services. This can include job training, placement assistance, and educational programs to help you develop new skills and find suitable employment. In the tragic event of a fatal workplace accident, Death Benefits are provided to qualifying dependents, covering funeral and burial expenses, and ongoing wage replacement.
It's important to note the distinction: while you generally cannot sue your employer for pain and suffering through workers' comp, if your injury was caused by a third party (someone other than your employer or a coworker), such as a negligent driver, a defective product manufacturer, or a careless contractor on a shared job site, you may have the option to pursue a separate personal injury lawsuit against that third party. This "third-party claim" could allow you to seek compensation for non-economic damages like pain and suffering, emotional distress, and potentially even punitive damages under Arizona law, in *addition* to your workers' compensation benefits. Navigating these complex distinctions and ensuring you receive all available compensation, whether through workers' comp or a third-party claim, is precisely why the expertise of an AccidentLegalForce attorney is invaluable. We fight to maximize your settlement, considering all avenues of recovery under Arizona law.
How Our Arivaca Junction Workers' Compensation Lawyer Team Handles Your Case
Facing a workplace injury in Arivaca Junction can leave you feeling vulnerable and overwhelmed, particularly when confronted with the complex legal and administrative procedures of Arizona's workers' compensation system. At AccidentLegalForce, our dedicated team of workers' compensation lawyers is committed to alleviating that burden, guiding you through every step of the process with expertise, empathy, and unwavering advocacy. Our approach is comprehensive and designed to maximize your chances of securing the full benefits you deserve, allowing you to focus on your recovery.
The journey begins with a Free, No-Obligation Consultation. This initial meeting is crucial. We listen intently to your story, understand the circumstances of your injury, assess its impact on your life, and review any initial documentation you may have. During this consultation, we provide an honest evaluation of your case, explain your legal rights under Arizona workers' compensation law, and outline the potential strategies we can employ. This is your opportunity to ask questions, gain clarity, and feel confident in your choice of legal representation without any upfront financial commitment.
Following your decision to retain our services, our team immediately launches a thorough Investigation into your claim. This is a meticulous process of gathering and analyzing all pertinent evidence. We will collect official accident reports, secure all relevant medical records (including doctor's notes, diagnostic test results, treatment plans, and prognoses), interview witnesses to the incident, and obtain your employer's incident reports and safety records. If necessary, we may consult with medical experts, vocational rehabilitation specialists, or accident reconstructionists to build a robust and compelling case that clearly links your injury to your employment. This comprehensive evidence gathering is fundamental to countering any potential disputes from the insurance company regarding the cause, extent, or work-relatedness of your injury.
Once we have a clear understanding of your medical condition, prognosis, and the full scope of your lost wages and other damages, we proceed with Filing Your Claim accurately and promptly with the Industrial Commission of Arizona (ICA). This involves completing and submitting the necessary forms, such as the Worker's and Physician's Report of Injury (Form 102), ensuring all legal requirements and strict deadlines are met. We handle all direct Communication with Your Employer and Their Insurance Carrier, protecting you from tactics often employed by adjusters to minimize your claim or elicit statements that could harm your case. Our lawyers will meticulously review all correspondence, benefit notices, and settlement offers, advising you on their implications.
The next critical phase often involves Negotiation with the workers' compensation insurance company. Our experienced negotiators leverage the strong evidence we’ve compiled to advocate for a fair settlement that covers all your medical expenses, lost wages (temporary and permanent disability benefits), and any vocational rehabilitation needs. We understand the tactics insurance companies use and are skilled at countering lowball offers, ensuring that any proposed settlement adequately reflects the true value of your claim and your long-term needs. Should negotiations fail to yield a just outcome, or if the insurance company denies your claim, we are fully prepared to proceed with Litigation and Hearings before the ICA. Our attorneys possess extensive trial experience and are adept at presenting cases before administrative law judges, cross-examining witnesses, and arguing complex legal points. We will represent you vigorously in all hearings and appeals, fighting tirelessly to secure the benefits you are entitled to under Arizona law. Throughout this entire process, we maintain open and consistent communication with you, providing regular updates on your case's progress and answering any questions you may have. Our commitment is to be your unwavering advocate, from the initial consultation to the final resolution of your workers' compensation claim in Arivaca Junction.

Why Choose AccidentLegalForce in Arivaca Junction
When you've suffered a workplace injury in Arivaca Junction, the choice of legal representation can profoundly impact the outcome of your workers' compensation claim. At AccidentLegalForce, we understand the unique challenges faced by injured workers in Arizona, and we distinguish ourselves through a combination of unwavering commitment, specialized expertise, and a client-centered approach that sets us apart. Choosing our firm means partnering with a team that is not only highly skilled in Arizona workers' compensation law but also deeply empathetic to your situation.
One of the most significant advantages of choosing AccidentLegalForce is our Contingency Fee Structure. We firmly believe that financial hardship should never prevent an injured worker from accessing top-tier legal representation. This is why we operate on a "no win, no fee" basis for workers' compensation cases. This means you pay absolutely nothing upfront for our services. Our legal fees are contingent upon us successfully recovering compensation for you, and they are typically a percentage of your award, approved by the Industrial Commission of Arizona (ICA). This arrangement ensures that our interests are fully aligned with yours: we are motivated to achieve the best possible outcome for your claim, and you can pursue justice without the added stress of hourly legal bills.
Our team boasts extensive Trial Experience and a proven track record of success. While many workers' compensation claims are resolved through negotiation, some cases require aggressive advocacy in formal hearings before the ICA. Insurance companies are well aware of which firms are willing and able to take a case to a hearing. Our readiness and capability to litigate forcefully often give us significant leverage in settlement negotiations, compelling insurers to offer fairer compensation rather than face us in court. We are not afraid to stand up to powerful insurance companies and will tirelessly fight for your rights, presenting a compelling case built on thorough evidence and sound legal arguments.
Furthermore, our firm possesses in-depth Local Court and ICA Knowledge. While Arivaca Junction is a small community, the legal procedures for workers' compensation claims fall under the jurisdiction of the Industrial Commission of Arizona, which has specific administrative law judges and protocols. Our attorneys are intimately familiar with the ICA's regulations, procedures, and the administrative law judges who preside over these cases. This local and specialized knowledge allows us to navigate the system efficiently, anticipate challenges, and craft strategies tailored to the unique nuances of Arizona workers' compensation hearings. We understand the specific regional considerations that might impact your claim, ensuring your case is handled with the utmost precision and strategic insight.
Beyond our legal acumen, AccidentLegalForce is dedicated to providing exceptional client service. We offer 24/7 Availability for urgent inquiries, understanding that workplace injuries don't adhere to business hours. Our team prioritizes clear, consistent communication, ensuring you are always informed about the progress of your case and your questions are answered promptly and thoroughly. We pride ourselves on our client-centered approach, treating each individual with the respect, compassion, and personalized attention they deserve. When you choose AccidentLegalForce in Arivaca Junction, you're not just hiring a lawyer; you're gaining a powerful ally who will champion your cause, fight for your full entitlement under Arizona law, and provide the dedicated support you need during a challenging time. We are your force for justice, committed to securing the financial stability and medical care necessary for your recovery.

What to Do After a Workers' Comp in Arivaca Junction
Sustaining a workplace injury in Arivaca Junction can be a disorienting and painful experience. The immediate aftermath is crucial, as the steps you take (or fail to take) can significantly impact the success of your workers' compensation claim and your access to vital medical care and financial benefits. It is imperative to act strategically and decisively to protect your health, your rights, and your future. Following a clear protocol helps to preserve evidence, establish a strong claim, and avoid common pitfalls that can undermine your case.
Your absolute first priority must be to Seek Immediate Medical Attention. Even if an injury seems minor, or if you feel you can "tough it out," it is essential to be evaluated by a medical professional as soon as possible. Some serious injuries, like concussions or internal trauma, may not present obvious symptoms immediately. Go to the nearest emergency room, urgent care clinic, or your primary care physician. Inform them that your injury occurred at work. This creates an official medical record linking your injury to a workplace incident, which is foundational evidence for your claim. Follow all medical advice, attend all appointments, and keep meticulous records of all diagnoses, treatments, medications, and expenses. Any gaps in treatment or failure to follow doctor's orders can be used by the insurance company to dispute the severity or ongoing nature of your injury.
Next, you must Report the Injury to Your Employer Immediately. Arizona law requires prompt notification, and while there isn't a strict immediate deadline, it's generally recommended to report it within 24-48 hours, and certainly no later than 30 days. Report the injury verbally to your supervisor or manager, and then follow up with a written report. Include the date, time, location, and a brief description of how the injury occurred. Keep a copy of this written report for your records. Do not downplay your symptoms or apologize for the incident; simply state the facts. This formal report triggers your employer's obligation to notify their workers' compensation insurance carrier and file the necessary paperwork with the Industrial Commission of Arizona (ICA).
If it is safe to do so, Document the Scene of the Accident and Preserve Evidence. Use your phone to take photographs and videos of the accident site, any hazardous conditions (spills, faulty equipment, poor lighting), your injuries, and any damaged clothing or equipment. Note the names and contact information of any witnesses, and briefly ask them what they saw. Do not alter the scene or throw away any items related to the accident until advised by your attorney. This visual and testimonial evidence can be invaluable in corroborating your account of the incident.
After addressing your immediate medical and reporting needs, it is crucial to Avoid Discussing Fault or Signing Anything Without Legal Counsel. Do not admit fault or speculate on what caused the accident with anyone other than your attorney. Do not provide a recorded statement to the employer's insurance company or sign any documents (including medical releases or settlement agreements) without first consulting with an experienced workers' compensation lawyer. Insurance adjusters are trained to minimize payouts, and they may try to elicit statements or have you sign documents that could jeopardize your claim.
Finally, and perhaps most importantly, Contact an Experienced Workers' Compensation Attorney from AccidentLegalForce as soon as possible. Our firm specializes in Arizona workers' compensation law and can provide immediate guidance. We will explain your rights, handle all communication with your employer and their insurance carrier, ensure all deadlines are met, gather the necessary evidence, and vigorously advocate for your full benefits. An attorney will protect you from common insurance company tactics, accurately assess the value of your claim, and fight to secure the medical care and financial compensation you rightfully deserve, allowing you to focus on your recovery without the added stress of navigating the complex legal system alone.

"After my Workers' Comp accident in Arivaca Junction, I was lost. This team got me 3x what insurance offered. They fought hard and delivered."
"My claim was denied twice. These attorneys appealed and got me full compensation. Best decision I ever made."
"Available 24/7, they answered every question. Recovered $420k for my case. Highly recommend."
"Professional and aggressive. They knew exactly how to handle my case and got maximum compensation. Zero upfront cost."
Frequently Asked Questions
How much does a workers' compensation lawyer cost in Arivaca Junction?
At AccidentLegalForce, we work on contingency — zero upfront cost. You pay nothing unless we win.
How long do I have to file a claim in Arizona?
Arizona typically has a 2-3 year statute of limitations. Act fast — evidence disappears quickly.
What compensation can I recover after a workers' comp in Arivaca Junction?
Medical expenses, lost wages, pain & suffering, property damage, emotional distress, and punitive damages in egregious cases.
How long does a workers' comp case take in Arizona?
Most cases settle in 6-18 months. Complex cases may take longer. We push for fast resolution without sacrificing maximum compensation.
Can I recover damages if I was partially at fault?
Arizona uses comparative negligence. As long as you're not more than 50-51% at fault, you can still recover damages proportional to the other party's fault.