How Long After An Accident Do You Have To File a Claim In Arizona?
Our Expert Mesa Accident Lawyers Discuss How Long You Have To File a Claim After An Auto Accident
Our Mesa Accident Attorneys discuss a timeline for auto accidents in Mesa and throughout Arizona. Many people question how long you have to file a claim. Additionally, many people wonder about the deadlines and schedule of events surrounding auto accidents in Arizona. If you find yourself in a situation where you may need an experienced Arizona personal injury attorney, contact our Mesa Accident attorneys at (602) 600-6001.
If you’ve been injured in an accident in Arizona, you probably have several things to worry about right now. Because of the high cost of medical treatments in the United States and the possibility of missing a significant amount of time from work, several of these concerns may be financial. If so, you will probably need to file a personal injury claim in order to receive compensation for your damages. While preparing your claim, make sure you know how long you have from the date of your accident to file. If you are unsure, call our firm to schedule your free consultation with one of our experienced Mesa personal injury lawyers.
How Do I File a Claim After An Accident?
The first step to filing your claim is calculating your damages, so you know how much to request in your potential lawsuit. Once calculated, you will send these damages, including descriptions of each, to the other party. Usually, this will be the other driver’s insurance company. They may accept your offer, or counter with a lower number. You will need to negotiate with the insurance company to reach a settlement agreement, or file your lawsuit in court. All steps of the personal injury process are simplified and handled when you retain a Chandler injury attorney.
Why You Shouldn’t Wait To File Your Personal Injury Claim
From the day you are injured in an car accident in Arizona, the clock begins ticking. To receive compensation for your damages after an accident, your lawsuit must be filed within the applicable statute of limitations. The statute of limitations is essentially an expiration period for the validity of your lawsuit. If you file your lawsuit outside the statute of limitations, it will be dismissed. The court will no longer have the right to adjudicate your claim, nor impel the defendant to pay for your damages.
This doesn’t mean that you should run to the courthouse to file your case within a few days of your accident. The statute of limitations generally allows you enough time to receive medical treatment and fully assess your damages. If your medical treatment won’t be completed within the statute of limitations, you can account for future medical costs in your claim.
Benefits Of Filing a Claim For An Accident
Most of the time, the other party won’t pay for your damages unless you go through the personal injury claim process. There are several types of damages you can potentially be compensated for in your claim. Medical expenses, including those you will incur in the future, are compensable in a personal injury claim. You can also request payment for your time missed from work, as well as any lost future earning potential due to your injuries. These damages, along with a few others, will be totaled to help you calculate your pain and suffering damages. While the rest of your damages compensate you for an expense you’ve already paid, pain and suffering provides additional compensation for inconvenience, trauma, etc. It is usually calculated by multiplying the sum of the rest of your damages by a number between 1-5, depending on the severity of the accident and your injuries. You can only be awarded punitive damages- meant to punish the defendant- in a jury trial, not a settlement.
Is It Too Late To Pursue a Claim For My Auto Accident?
In general, the statute of limitations after an auto accident in Arizona is 2 years. However, your case could be subject to exceptions based on certain factors being present. It is important to note that your lawsuit must be filed in the court within the statute of limitations- sending your demand letter to the other party will not suffice. Even if you are in negotiations with the other party, your case will be moot if not filed within the statute of limitations.
It’s vital that you understand exceptions to the statute of limitations before deciding how to proceed with your case. When the other party is a city or state government entity, the statute of limitations is reduced to 180 days. However, if the accident victim is a minor, either a parent or legal guardian can file a claim on their behalf, or the child has 2 years after turning 18 to file a claim. Medical treatment can be more complicated on children, and it can be more difficult to assess permanent damages on a body that is still growing.
Our Contingency Fee Advantage
Most personal injury attorneys charge on what is known as a “contingency” basis. This means that you will pay your attorney nothing up front to represent you in your personal injury claim. However, once your case is settled, or receives a jury verdict in your favor, your attorney will receive a set portion of your award. You will agree to this percentage when you retain your attorney. This payment style makes it more feasible for accident victims to hire representation, as finances are generally tight after an accident. It also rewards personal injury attorneys for assuming the risk of the case- the attorney gets nothing if you lose your case, but could receive an exceptionally high payment if successful.
When deciding which attorney to hire in your personal injury claim, the contingency rate should be one of the factors you use. While a difference a few percentage points may not sound like much, this could eventually result in hundreds or even thousands of dollars more in your pocket. Many attorneys in Arizona charge up to 33% or more for their contingency fees. At Mesa Injury Lawyers, our dedicated personal injury attorneys charge a guaranteed 25% contingency fee.
So what does 8% or more look like in a personal injury claim? Let’s say you were injured in an accident and are awarded $50,000. If you go with a firm that charges 33%, about $16,666 will be deducted from your award. If you go with our Mesa personal injury lawyers, your attorney’s fees will only be $12,500. That’s an extra $4,166 for you. Your savings will vary based on the value of your claim, so call for your free case evaluation to learn more today.
Schedule Your Free Case Evaluation In Arizona Today!
Just because our personal injury legal representation is affordable, doesn’t mean that we won’t negotiate high settlements or win your case at trial. Our staff and attorneys have years of experiencing helping accident victims restore themselves through financial compensation, and can do the same for you. To learn more about the benefits of retaining our firm for your Arizona personal injury claim, call or use our online form to schedule your free consultation today.