It is possible that your case could go to trial. However, the vast majority of personal injury cases don’t go to trial. Actually, most Arizona personal injury cases resolve by settlement before the trial date arrives.
A case is most likely to go to trial when the facts are in dispute or when there’s a contested legal issue. Once it does go to trial, the court may rule either way. Therefore, going to trial could be very lucrative or very disappointing, dependent upon your outcome.
Not every accident makes a good personal injury case. Without physical injuries, there aren’t compensable damages like medical bills and missed time from work. Your injuries must have been caused by someone else’s negligence or recklessness. Your injuries don’t have to be from a car accident- you could have a claim arising from a dog bite,slip and fall, swimming pool accident, and more. If you’re unsure about whether you have a valid personal injury claim, the best way to find out is by speaking with an Arizona personal injury lawyer. You can use your consultation with an injury lawyer to learn if you have a claim, what its value may be, and how to proceed next.
Personal injury claims can’t be a number you make up in your head that sounds reasonable for all the damages you incurred. You will need to send the opposing party a demand letter that fully explains how much you need in compensation and why. You will need to calculate your damages as accurately as possible, including damages you will continue to incur in the future for serious long-term injuries. There could also be unique factors in your case that increase the potential damages. A personal injury lawyer can give you a better idea of what your claim is worth during an initial consultation.
“Damages” is the legal terminology used to describe the losses you incurred in the accident. Some damages are economic, meaning their financial value can be clearly ascertained- think medical bills, missed time from work, etc. Non-economic damages don’t have an obvious dollar sign attached, like emotional distress, loss of consortium, and pain and suffering. You deserve fair compensation for both your economic and non-economic damages. Our Arizona personal injury team will help you determine which apply in your case so that you can enter your personal injury claim informed.
The deadline you have to file your case is called a “statute of limitations.” In general, personal injury statutes of limitations are usually 2 years from the date of the accident. However, you need to be aware of the potential exceptions that could apply to your case. For example, dog bite claims have a statute of limitations of one year, and
claims against certain government entities are limited to 180 days. Failure to abide by the applicable statute of limitations for your claim will result in your case being dismissed. Contact our firm to determine the statute of limitations in your case with an experienced injury attorney.
Arizona uses comparative negligence laws for personal injury cases. This doctrine allows a plaintiff to recover damages in a lawsuit, even if they were more than 50% responsible for creating the accident. Your damages will be reduced in accordance with how much fault is assigned to you. For example, if you are in an accident and incur $100,000 in damages, but you are found to be 30% at fault for the accident. This would reduce your claim’s value by $30,000, bringing the total to $70,000. This creates opportunity for the opposing party to try to blame you for the accident and reduce your injury award. Our personal injury team will defend your position and keep your injury award as high as possible.
You are responsible for paying your own medical bills while sorting out your claim. Especially if you had to miss work due to your injuries, your finances could be tight. Your personal injury claim could take months to negotiate, and you may need to wait until the end of your statute of limitations to assess the total damages. There may be some options available to you, however. If your own health insurance covers medical expenses from the accident, they will later need to be subrogated (or reimbursed) out of your injury award. Your auto insurance policy may include MedPay, which helps with medical expenses after a car accident. You also may need to find doctors who accept medical liens, essentially keeping a running tab open until they are compensated through your personal injury award. Our Arizona injury team can help you figure out the most efficient way to stay on top of your medical bills after an accident.
It will be a while before your case is in front of a judge, and 95% of personal injury claims settle out of court. Our injury lawyers will always try to negotiate a favorable settlement before putting you through the stress of a trial. You can proceed with your claim knowing that your lawyer is prepared to take your case to trial, but only if necessary to get you a fair award. This also speeds up the process so that you can get your award sooner. Some of how long it will take will also depend on what types of injuries you have and how long it takes to treat them.
With most personal injury claims, you will be dealing with insurance companies. Insurance adjusters have several tactics to convince you to settle your claim for far less than its full value. When you hire a personal injury lawyer, the insurance company must always contact them first. This reduces the chances of you making statements to the insurance company that could hurt your claim. Our Arizona personal injury lawyers can negotiate for higher noneconomic damages than you may have been able to obtain on your own. We will also stay on top of deadlines and court documents so that you can use your free time to recover and catch up with your life. You can learn more about what our team will do for you by scheduling your 100% free and confidential consultation.
At My AZ Lawyers, we can start your claim with no up-front costs. Your initial consultation, which can be held in office or over the phone, is 100% free. If we take your claim, we work on a contingency basis- we don’t get paid until we negotiate your settlement or win your case at trial. Rather than working by the hour, we charge a flat percentage. While some of our competitors charge a contingency fee of 33% or higher, we guarantee a budget rate of 25%. This can mean thousands of extra dollars for you at the end of your case, depending on your injuries. To learn more, schedule your free consultation by filling out our online form or calling our