Do Damages Include Attorneys Fees In Arizona ?
In Arizona, courts generally do not construe "damages" to include attorneys' fees. U.S. Fidelity & Guar. Co. v. Frohmiller, 71 Ariz. 377, 380, 227 P.2d 1007, 1009 (1951) (holding that attorneys' fees were not damages within meaning of A.R.S. 12-503);
See also Assyia v. State Farm Mut. Auto. Ins. Co., 229 Ariz. 216, 22221, 273 P.3d 668, 674 (App. 2012) (providing that attorneys' fees requested and awarded pursuant to statute are not damages caused by an uninsured driver); Proctor v. Parada, 145 Ariz. 203, 204, 700 P.2d 901, 902 (App. 1985) (rejecting claim that attorneys' fees were damages pursuant to A.R.S. 12-2044).
This is not a case where attorneys' fees are a legal consequence of an original wrongful act or any of the other situations where attorneys' fees can be considered damages. See Desert Mountain Props. Ltd. P'ship v. Liberty Mut. Fire Ins. Co., 225 Ariz. 194, 20961, 236 P.3d 421, 436 (App. 2010) ("When one party's breach of contract places the other in a situation that makes it necessary to incur expenses to protect his interest, such costs and expenses, including attorneys' fees, should be treated as the legal consequences of the original wrongful act and may be recovered as damages.") ; State Bar of Arizona, Arizona Attorneys' Fees Manual, 7.1 to .5 (5th ed. Supp. 2014).