Personal injury law in Arizona can be complex and overwhelming, especially if you’ve been injured in an accident. Understanding your rights is crucial for navigating the legal system effectively and ensuring you receive fair compensation for your injuries. As a plaintiff’s personal injury attorney for 30 years, Jeff GOULD Law has answered your questions in a FREE initial consultation and provided advice on how to move forward – with or without an attorney. Sometimes you need an attorney, sometimes not. Let’s outline seven things you should do to navigate Arizona’s personal injury laws in our state.
Table of Contents
1. Statute of Limitations
One of the most important things to be aware of is the statute of limitations (SOL) for filing a personal injury claim in Arizona. In most cases, you have two years from the date of the injury to file a lawsuit. However, this rule has very limited exceptions, such as cases involving government entities or medical malpractice.
For instance, claims against government entities typically have a shorter window for filing, often as little as six months (180-day AZ Notice of Claims ACT). On the other hand, cases involving medical malpractice may have a “discovery rule” that may allow the normal 2-year SOL to begin from the date the injury was discovered rather than the date it occurred. It’s crucial to consult with an attorney, such as Jeff GOULD Law, the Attorney in YOUR Corner, as soon as possible to ensure you don’t miss the deadline for filing your claim.
2. Comparative Negligence
Arizona follows a comparative negligence system, meaning that even if you are found to be mostly at fault for the accident, you can still recover damages, but they are reduced by your percentage of fault.
However, determining fault can be complex and may involve legal arguments and evidence presentation. Having a skilled attorney who understands Arizona’s comparative negligence laws can be invaluable in demonstrating the extent of the other party’s fault and minimizing any attempts to shift blame onto you.
3. Types of Damages
In addition to economic and non-economic damages, Arizona law also allows for recovery of damages for loss of consortium, which compensates spouses or family members for the loss of companionship, care, and services of an injured loved one.
Calculating the full extent of damages requires careful consideration of all the ways the injury has impacted your life and the lives of your family members. A defense attorney will work diligently to ensure all eligible damages are accounted for and pursued in your case.
4. Insurance Laws for Motorists
It’s important to be aware that Arizona law requires drivers to carry minimum liability insurance coverage for bodily injury and property damage. However, not all motorists comply with this requirement; some may be uninsured or underinsured.
In such cases, if you have paid premiums for uninsured/underinsured motorists (UM/UIM) coverage, there may be additional protection for you and your family. Understanding your insurance coverage and how it applies to your personal injury claim is essential for maximizing your recovery.
5. Role of an Attorney
Beyond legal experience, a knowledgeable personal injury lawyer can also provide invaluable support and guidance throughout the recovery process. From helping you find the right medical treatment to negotiating liens and medical bills, a plaintiff’s personal injury attorney can address various aspects of your case beyond the obvious. Additionally, having an attorney handle communications with insurance companies and opposing parties can relieve stress and allow you to focus on your recovery and well-being. Jeff GOULD Law offers free consultations to review your case and options.
6. Evidence and Documentation
Collecting and preserving evidence is crucial for building a strong personal injury case. This includes not only physical evidence such as photographs of the accident scene and medical records but also documentation of any communications with insurance companies and healthcare providers.
Keeping a detailed record of your injuries, treatments, and expenses can help substantiate your claim and support your request for compensation. Jeff GOULD Law can assist you in gathering and organizing this evidence and ensuring its admissibility in court.
7. Settlement vs. Trial
Many personal injury cases in Arizona are resolved through auto insurance claims processing – settlement negotiations rather than going to trial. While settlements offer a faster resolution and avoid the uncertainty of a trial, they may not always result in maximum compensation. Your Plaintiff’s Personal Injury Attorney can advise you on whether to accept a settlement offer or proceed to trial based on the specific circumstances of your case and your best interests.
Knowledge is Power!
Navigating personal injury laws in Arizona requires knowledge, skill, and experience. By understanding these seven key concepts and working with a reputable attorney with experience in personal injury law, you can protect your rights and pursue the compensation you deserve after an accident. If you’ve been injured due to someone else’s negligence, then…
Don’t DELAY: Call Jeff GOULD Law, the Attorney In YOUR Corner – TODAY!
DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your situation. Further, this information does not create an attorney-client relationship.