Arizona law entitles you to compensation for injuries due to someone else’s negligence. Unfortunately, personal injury incidents like motor vehicle accidents or slip-and-falls can cause severe injuries, emotional trauma, and financial distress. While compensation can help a victim recover from the incidents’ physical, emotional, and financial impact, damage recovery can be challenging.

Personal injury claims often involve negotiating with insurance companies who may be seeking to deny you fair compensation. You must also navigate complex legal concepts like comparative negligence and statute of limitations. Therefore, understanding Arizona personal injury laws and the damage recovery process is critical to protect your right to fair compensation.

Overview of Personal Injury Compensation

Personal injury compensation is the financial or monetary compensation that victims receive after sustaining injuries due to another’s negligence. The compensation typically falls into three categories, economic damages, non-economic damages, and punitive damages.

  1. Economic Damages – These cover losses that one can calculate or quantify into dollars, including medical bills (past and future), lost wages, loss of earning capacity, and property damage. They can also include things like transportation to hospital appointments and the cost of alternative childcare for an injured parent.
  2. Non-Economic Damages – These cover intangible losses, including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Essentially, you cannot assign a specific dollar amount to someone’s mental anguish or physical pain. These damages often involve a lot of negotiations.
  3. Punitive Damages – the court awards these damages on top of compensatory damages to punish the defendant for extremely harmful or outrageous conduct. The court also seeks to deter the defendant from repeating the behavior. But, punitive damages are rare in Arizona.

Arizona Personal Injury Laws

While Arizona has several personal injury laws, some are critical when pursuing compensation in a personal injury claim, including:

  1. Statute of Limitations

This refers to the set time limit for filing a personal injury claim. You will not recover compensation if you miss the set deadline. In Arizona, you have two years from the date of the injury to file a personal injury claim. However, there are exceptions, including cases involving minors and claims against government agencies.

The statute of limitations may also be inapplicable in cases involving reasonable late discovery of injuries, especially in medical malpractices.

  1. Comparative Negligence

Arizona’s comparative negligence system allows you to recover damages even if you are partially to blame for the accident. But, you can only recover compensation proportionate to your degree of fault. For example, if you are 30% at fault, you will only receive 70% of the total compensation.

The comparative negligence rule can be contentious hence the need to have a skilled personal injury lawyer protecting your rights.

Key Factors Affecting Personal Injury Compensation

Several factors influence the amount of compensation you can receive in a personal injury claim, including:

  • Who is at Fault – Determining who is liable for an accident is the foundation of any personal injury claim. Arizona’s laws on determining liability affect your settlement amount, including the ‘fault-based’ claim system that requires you to prove the other person’s negligence to get compensation. The comparative negligence rule that reduces compensation by your percentage of fault also impacts the value of compensation.
  • Severity of your Injuries – Certain injuries will impact your life more than others with some injuries even leaving you disabled or unable to work. Your settlement amount must reflect the extent and impact of your injuries.
  • Insurance Coverage – Both the defendant’s and your insurance policies can impact the value of compensation. For instance, the at-fault party insurance policy may not cover your total losses requiring you to pursue direct compensation from the at-fault party. In such cases, you may not be able to recover fair compensation.
  • Evidence – personal injury laws require you to prove the other party’s negligence. You need sufficient evidence to get the total value of your claim. Thorough investigations and having strong evidence, including medical records, police reports, and photographs, can help you substantiate your claim.

The Legal Process for Seeking Compensation

Seeking personal injury compensation in Arizona involves some basic steps, including:

  1. Filing a Claim – The first step after an accident is notifying the at-fault party and their insurance company about your intention to seek compensation. However, you should avoid engaging in any negotiations without a personal injury attorney. A skilled attorney helps you navigate the legal complexities of the claim process, protect your rights, and ensure you get fair compensation.
  1. Negotiations – After collecting the necessary evidence, your personal injury lawyer will enter into negotiations with the insurance companies. With insurance adjusters often aiming to minimize your settlement amount, you need a skilled and experienced Arizona personal injury lawyer to negotiate on your behalf.
  2. Filing a Lawsuit – If there is no agreement or a fair out-of-court settlement, you may need to file a personal injury lawsuit. This involves preparing legal documents and presenting evidence in court. Your lawyer will offer legal guidance and advocate for your rights in court.
  3. Trial Process: If your case goes to trial, a judge reviews the details of the case, including available evidence, and determines the compensation amount. You can collect your compensation after the judgment.

Why You Need a Personal Injury Attorney

Recovering compensation in a personal injury claim is not always straightforward. However, having a skilled Arizona personal injury attorney significantly improves your chances of obtaining fair compensation. First, they can use their experience and skills to negotiate with insurance companies for a fair settlement.

A lawyer will also help you gather relevant evidence, including critical documentation. They can get expert testimony to strengthen your case if necessary. A personal injury lawyer will also help you navigate complex Arizona personal injury laws and ensure compliance, including meeting deadlines like the statute of limitations.

Contact an Anthem Personal Injury Lawyer

While Arizona law entitles you to compensation for injuries due to another’s negligence, damage recovery can be overwhelming and legally complex. However, a skilled personal injury lawyer can help you navigate the legal complexities and get fair compensation.

If you are in Anthem, AZ, contact our skilled and experienced personal injury attorney at Anthem Law. We will guide you through the personal injury claim process, protect your rights, and get you the compensation you need and deserve. Contact us today for a consultation and to learn more about our personal injury claim services.