Car accidents can be a traumatic and life-altering experience, especially if you or a loved one has been injured. If you are involved in a car accident in Arizona, you may be wondering what to expect in terms of legal action. In this blog post, we will outline the key elements of an Arizona car accident lawsuit, including the statute of limitations, fault determination, and damages.
Statute of Limitations
In Arizona, the statute of limitations for a personal injury lawsuit resulting from a car accident is two years from the date of the accident. This means that if you do not file a lawsuit within two years, you may lose your right to seek compensation for your injuries.
Arizona is a “fault” state, which means that the person who is at fault for the accident is responsible for any damages that result. Determining fault in a car accident can be complicated, as there may be multiple factors that contributed to the accident. The police report, witness statements, and physical evidence such as skid marks can all be used to help determine fault.
If you are injured in a car accident in Arizona, you may be entitled to compensation for damages such as medical expenses, lost wages, and pain and suffering. In Arizona, there is no cap on damages for personal injury cases, which means that you can potentially recover all of your losses.
The amount of damages that you can recover will depend on the severity of your injuries, the amount of time you had to take off from work, and the impact that the accident has had on your life. It is important to keep detailed records of your medical treatment and other expenses related to the accident so that you can provide evidence to support your claim.
Settlements vs. Trials
In many cases, car accident cases in Arizona are settled out of court. A settlement is an agreement between the parties involved to resolve the case without going to trial. Settlements can be beneficial because they allow both parties to avoid the time and expense of a trial. However, settlements also mean that you may not recover as much compensation as you would in a trial.
If a settlement cannot be reached, the case may go to trial. In a trial, a judge or jury will hear evidence from both sides and make a decision about fault and damages. Trials can be lengthy and expensive, but they can also result in a larger award for damages.
Negotiating with Insurance Companies
In Arizona, insurance companies are required to offer uninsured motorist coverage, which can provide additional protection if you are hit by a driver who does not have insurance or who does not have enough insurance to cover your damages. However, dealing with insurance companies can be challenging, especially if you are dealing with a company that is more interested in protecting its bottom line than in compensating you fairly.
Insurance companies may try to offer you a settlement that is lower than what you are entitled to, or they may try to deny your claim altogether. In these cases, having an experienced attorney on your side can be crucial. An attorney can help you negotiate with the insurance company and fight for your rights in court if necessary.
Working with an Experienced Personal Injury Attorney
If you have been injured in a car accident in Arizona, it is important to work with an experienced personal injury attorney who can help you navigate the legal system and protect your rights. An attorney can help you gather evidence, negotiate with the insurance company, and pursue compensation for your injuries and damages.
When choosing an attorney, look for someone who has experience handling car accident cases in Arizona and who has a track record of success. Ask for references and read online reviews to get a sense of the attorney’s reputation and level of client satisfaction.
Being involved in a car accident can be a traumatic experience, but it is important to remember that you have rights and options. By understanding the key elements of an Arizona car accident lawsuit and working with an experienced attorney, you can protect your rights, seek the compensation that you deserve, and move forward with your life.
Smith & Green, Attorneys At Law, P.L.L.C. is a law firm that specializes in personal injury cases, including car accident lawsuits in Arizona. Our experienced attorneys can help you navigate the complex legal system and pursue the compensation that you deserve.
Here are some of the ways that we can help:
- Providing legal advice and guidance: We can help you understand your legal rights and options and guide you through the process of pursuing a car accident lawsuit in Arizona.
- Investigating the accident: We can conduct a thorough investigation of the accident to gather evidence and determine who was at fault.
- Gathering medical evidence: We can work with medical experts to gather evidence of your injuries and the impact that they have had on your life.
- Negotiating with insurance companies: We can negotiate with the insurance company on your behalf to seek a fair settlement for your injuries and damages.
- Representing you in court: If a settlement cannot be reached, we can represent you in court and fight for your rights in front of a judge and jury.
At Smith & Green, Attorneys At Law, P.L.L.C., we understand how overwhelming and stressful a car accident can be. We are committed to helping our clients navigate the legal system and pursue the compensation that they deserve. If you have been injured in a car accident in Arizona, please don’t hesitate to contact us to schedule a free consultation.