According to the 2020 Arizona Department of Transportation report, in 2020 a total of 98,778 crashes occurred in Arizona resulting in 970 fatalities and 28,610 injuries. After a motor vehicle wreck, injured parties in Arizona are eligible to receive compensation from the party responsible for the accident.
If you or a loved one has been involved in a car accident, you are entitled to compensation. Making a claim after an accident can be time-consuming and complicated, especially after the stress of an accident. Our team will help assist you with proving negligence, establishing liability from the opposing party, and assist in filing a claim on your behalf.
Time is of the essence. According to Arizona law statute 12-542, a victim generally has two years from the accident date to establish and file a claim.
How is compensation from a car accident determined?
There are several categories of damages a victim may claim if a personal injury lawsuit applies to the circumstances around an automobile accident injury or fatality including:
- Medical bills
- Pain and suffering
- Loss of income
- Property damage
- Loss of affection or loss of consortium
While the damages above are all grouped together into potential compensation, we will detail the top three below.
Medical Bills
After a car accident, the injuries sustained ranged from broken bones to paralysis or death. Injuries sustained can show up immediately, but in some cases, injuries take longer to show up. It is critical to complete a medical exam after the accident to detail your injuries and potentially track injuries down the road.
Some of the most common medical expenses after an auto accident include physical therapy, cognitive therapy, the cost of transportation to a hospital (ambulance or airlift), disability fees, and services associated with medical devices required for recovery (crutches, wheelchair, etc). The medical bills also include any future care you may need for your injuries.
Pain and suffering
Pain and suffering include mental and/or physical distress. Damages collected based on your pain and suffering will also factor in the severity of an injury, the longevity of pain and suffering, and future expenses that may arise due to the state of an injury or prognosis. The mental health impact is also factored into pain and suffering. This may include mental conditions like PTSD, anxiety, and stress after an accident requiring therapeutic costs or loss of income due to an inability to work.
Arizona employs an “at fault” protocol for insurance claims. A driver must show evidence of the fault before a claim is paid out by an insurance company. There are no limits on damages as prohibited by the Arizona State Constitution Article 2, Section 31.
Furthermore, a unique competitive fault system exists in Arizona (Title 12, Article 3, Section 12-2501) stating, “Except as otherwise provided in this article, if two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.” This means that everyone pays for his or her share of fault.
Loss of income
A loss of income may occur when an injury persists and permits you or a loved one from working. Days, weeks, or even months out of work can significantly impact the ability to pay bills associated with medical care or property damage, let alone living expenses on a month-to-month basis. After an accident with a negligent driver, you are entitled to compensation, and we can help.
What should you do after an accident?
After an accident has occurred an experienced attorney will help you establish liability. Growing expenses from medical bills, property damage, loss of income, and damages from pain and suffering are stressful. If you can prove another driver’s negligence you’ll need the following:
- Proof of negligent driving outside of reasonable and lawful behavior
- Evidence supporting the negligent driver was the cause of the accident
- Proof of injury, suffering, and loss of income due to a sustained injury as a result of the accident
We are dedicated to helping you get back on your feet and give you the justice you deserve. Families and loved ones who have lost someone due to catastrophic injury or are impacted by injuries related to a car accident we can help. Do not hesitate to call us and schedule a free consultation to talk about your case.
