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What to Do if You Suffer an Injury in Phoenix

Get immediate medical treatment after an accident to create a record of your injuries and get on the path to recovery. Then, call a lawyer so we can help you collect evidence and begin your case.

If you are able to take notes about the location and conditions of the accident or even take some photos of the accident scene, these will also be helpful. However, you should always focus on your health first if collecting evidence would be hard because of your injuries.

Should You Speak With the Insurance Company?

Once you are represented by a lawyer, the insurance company should not contact you directly. Avoid speaking to them and never sign anything or accept a settlement until after speaking with your lawyer.

Your lawyers can help file your claims and negotiate with the insurance companies on your behalf. If you do speak with the insurance company, stick to the facts, avoid speculation, and do not apologize or admit fault.

Filing a Personal Injury Lawsuit in Arizona

Filing a lawsuit may be the key to winning your case. If the insurance company will not cooperate or pay fair damages, we can take the case before a judge and jury.

The process of filing a lawsuit is complex, and you should never go into a case without a lawyer on your side.

How Long Do You Have to Sue For Injury?

Under the statute of limitations in Arizona, you have 2 years to file your injury case. That clock starts ticking on the day of your injury, and there are only limited exceptions and extensions under this rule.

It is vital to contact a lawyer as soon as you can to start building a case; filing too late can lead to dismissal.

Economic Damages

Economic damages pay you for the monetary harm you face in an accident. This means covering things like medical bills, therapy bills, rehabilitation bills, lost wages, lost earning capacity, childcare costs, and other incidental expenses.

In a car accident case, economic damages also cover the cost of repairing or replacing your damaged vehicle. Never trust the insurance company or the defendant to properly value your case; always work with a lawyer.

Non-Economic Damages

Non-economic damages are often referred to as “pain and suffering,” “emotional distress,” or “mental anguish.” Though these terms might have slightly different definitions, the goal is the same: to pay you back for the intangible, non-monetary harms you suffered.

More serious injuries pay higher pain and suffering damages, and these damages are often a major part of your case. Never accept a settlement offer until you have your attorney review the damage calculations.

How Comparative Fault Works in Arizona

Arizona’s comparative fault rule allows a jury to assign partial blame to every party involved in a case. Then, each party pays its fair share of damages, according to their percentage of the blame.

The plaintiff/victim can also be partially blamed, and this reduces their overall damages by the portion of the blame assigned to them. Arizona does not bar claims for a victim’s shared fault, even if the victim has a high percentage of blame.

What to Know About Damage Caps in Injury Cases

The Arizona Constitution prevents damage caps for injury cases. This means that the jury is free to award you whatever amount is fair to make up for the harms you faced.

When claiming punitive damages, you may get additional damages to punish the defendant for exceptionally bad behavior. These are typically allowed in an amount equal to your other damages. Unusually high punitive damage awards might be reduced.

How to Prove Negligence in a Phoenix Injury Case

Proving negligence requires showing that the defendant breached a legal duty, resulting in your injuries. This often means proving a traffic violation like speeding or drunk driving for auto accidents, or other dangerous or unreasonable behaviors in other cases.

We can help collect evidence and present your testimony, other witness testimony, medical records, and any other evidence we have to prove your case. If we can prove the case “by a preponderance of the evidence” – a “more likely than not” standard – then the jury should rule in your favor.

Do You Need an Attorney to Win Your Case in Arizona?

Strictly speaking, it is legal to act as your own attorney. However, our lawyers have years of experience in court and in negotiations with insurance companies. We know what kinds of evidence are needed and how to present them, as well as what settlement amounts would be appropriate for your case.

Taking on an injury case on your own is a huge burden, especially when you are dealing with serious injuries. Plus, the defendant is likely to have a lawyer through their insurance, so you should have a lawyer of your own.

What if the At-Fault Party Faces Criminal Charges?

Criminal charges can complicate cases. It is best to let your lawyer handle any interactions with the police, including evidence sharing that could help lead to convictions and potential restitution through the criminal system. But remember, the goal there is to punish the defendant, not to pay you for your damages.

If you still have outstanding damages that have not been paid through restitution – or if the defendant won their criminal case – we can file a separate civil case. Because of the lower burden of proof in civil cases, you can potentially still win your claim, even if the defendant won their criminal case. Their criminal conviction can also be used to bolster your civil case.