Personal injury claims arise when someone is injured or suffers harm due to the negligence of another person or entity. When such incidents occur, the victim may seek compensation from the responsible party, and if the responsible party has insurance, they will typically file a claim with the insurer.
In Arizona, as in most states, insurance companies use a specific process to evaluate personal injury claims. Here are the steps that insurance companies typically take when evaluating a personal injury claim in Arizona:
Investigation: The insurer will begin by investigating the circumstances of the accident or incident that caused the injury. They will review police reports, medical records, witness statements, and any other relevant evidence to determine the cause and extent of the injury.
Liability: Once the insurer has a clear understanding of what happened, they will assess liability. They will look at who was at fault for the accident and to what degree. If the claimant was partially responsible for the accident, the insurer will reduce their compensation accordingly.
Damages: Next, the insurer will evaluate the damages suffered by the claimant. This will include medical expenses, lost wages, property damage, and any other losses resulting from the accident. The insurer will also consider future medical costs, lost earning potential, and other long-term damages.
Settlement: Based on the investigation, liability assessment, and damages evaluation, the insurer will determine how much compensation they are willing to offer. They will typically make a settlement offer to the claimant, which the claimant can accept or reject. If the parties cannot agree on a settlement, the claimant may choose to file a lawsuit.
Negotiation: In some cases, the insurer and claimant may enter into negotiations to reach a fair settlement amount. This can involve back-and-forth communication and potentially the involvement of a mediator.
Litigation: If a settlement cannot be reached, the claimant may file a lawsuit against the responsible party. This can be a lengthy and complicated process that involves court appearances, depositions, and potentially a trial.
It is worth noting that Arizona follows a comparative fault system, which means that the amount of compensation a claimant can receive may be reduced by their own percentage of fault in the accident. For example, if the claimant was found to be 25% at fault for the accident, their compensation would be reduced by 25%.
Furthermore, Arizona has a statute of limitations for personal injury claims, which means that there is a limited amount of time in which a claimant can file a lawsuit. In Arizona, the statute of limitations for personal injury claims is two years from the date of the accident or injury. It is important to file a claim within this timeframe, or the claimant may lose their right to seek compensation.
Personal injury claims in Arizona are evaluated through a thorough investigation process, liability assessment, and damages evaluation. Claimants should be aware that insurance companies are primarily focused on minimizing payouts and should seek the assistance of an experienced personal injury attorney to ensure they receive fair compensation. Additionally, Arizona’s comparative fault system and statute of limitations should be taken into consideration when pursuing a personal injury claim.
Smith & Green, Attorneys At Law, P.L.L.C. can provide valuable assistance to individuals who have been injured in an accident and are seeking compensation from an insurance company. Our experienced personal injury attorneys have in-depth knowledge of the Arizona legal system and can navigate the complexities of the insurance claims process on behalf of our clients.
Here are some of the ways Smith & Green, Attorneys At Law, P.L.L.C. can help with personal injury claims in Arizona:
- Conduct a thorough investigation: Our attorneys will conduct a comprehensive investigation into the accident or incident that caused the injury. This may involve reviewing medical records, interviewing witnesses, and gathering other evidence to build a strong case.
- Assess liability: Our attorneys will assess liability by examining the facts of the case and determining who was at fault for the accident. We will work to prove the negligence of the responsible party and establish the extent of their liability.
- Evaluate damages: Our attorneys will evaluate the damages suffered by the claimant, including medical expenses, lost wages, and other losses resulting from the accident. We will also consider future medical costs, lost earning potential, and other long-term damages.
- Negotiate with the insurance company: Our attorneys will negotiate with the insurance company on behalf of our clients to ensure that they receive fair compensation for their injuries. We will fight to maximize our client’s compensation and ensure that their rights are protected throughout the claims process.
- Litigate if necessary: If a fair settlement cannot be reached, our attorneys are prepared to take the case to court and litigate on behalf of our clients. We have extensive trial experience and will work tirelessly to ensure that our clients receive the compensation they deserve.
At Smith & Green, Attorneys At Law, P.L.L.C., we understand how overwhelming and stressful it can be to deal with the aftermath of a personal injury. We are committed to providing compassionate and effective legal representation to our clients and helping them achieve a positive outcome in their cases.