Getting in an accident is the easy part. You don’t have to do anything. You’re happily minding your business and suddenly you're dealing with injuries and other damages. While Arizona tort laws give you a path to recover compensation, don’t be surprised if you run into a few roadblocks.
Sometimes, recovering compensation is a lot harder than getting in an accident. However, if you know the essential steps in an Arizona personal injury lawsuit, recovering compensation may be a little easier. At the very least, you can knock out a few of the common roadblocks.
Even though no two accidents are ever exactly the same, one thing doesn’t change. You need to report the accident or incident that caused your injuries. This isn’t the time to start keeping secrets. If you don’t report your injuries, filing a compensation claim is going to be all but impossible.
Who you report the accident to varies depending on the type. Typically you call 9-1-1 to report things. Including a vehicle collision, dog bite, or slip-and-fall accident. If you’re injured at work, head to your employer. If injuries happen on someone’s premises, alert the property owner. You get the general idea.
Not every accident results in obvious injuries like broken bones and deep cuts. Some injuries aren’t visible and others may take a while to start showing signs and symptoms. Remember, Arizona’s statute of limitations only gives you two years to file an injury claim.
The clock starts ticking on the day the accident occurs. Putting off medical treatment may mean missing the statute of limitations. Besides, without your medical records, it’s tough to prove your accident is the cause of your injuries. If you can’t provide proof, the insurance company is probably going to deny your claim.
Unless you’re filing a strict product liability claim against the manufacturer, you’re going to need to prove negligence. This basically means proving the at-fault party’s actions and/or behavior isn’t that of a reasonable person. Yep, this definition is a little vague.
Essentially, you’re showing the person responsible for your accident wasn’t behaving in a way you expect from the majority of people. Here’s a quick example to help clear things up a bit. A reasonable person will obey all traffic laws. If your accident is caused by someone running a red light, their behavior is unreasonable and negligent. A reasonable driver will stop at a red light and wait for it to turn green.
Proving negligence is a little more involved than pointing a finger at the defendant. You’re going to need to tackle the four elements of negligence. Each element builds off of the other. Once you get going, the rest often falls into place:
Once you can prove negligence, things tend to go a little more smoothly.
Okay, before you dive into the role of a private detective, your health is a priority. If you need immediate medical care, don’t worry about gathering supporting evidence. Let your personal injury attorney handle this step.
However, if your injuries aren’t demanding an ambulatory ride to the hospital, break out your smartphone. Open the camera app and start taking some pictures. You want to get shots of your vehicle damage, any visible injuries, and the placement of your automobile. Where your vehicle ends up after the collision can go a long way towards supporting your version of events.
Look around for any traffic and surveillance cameras. You can usually find at least one or two security systems in any given area. Don’t forget about doorbell cameras. Some of them have amazing resolutions. Any video footage can go a long way toward supporting your accident claim.
Eyewitnesses can be invaluable. They can give a first-hand account of the accident. Don’t get this now, all you need is their contact information. Try to keep the conversation brief and pleasant. You don’t want to accidentally say anything the insurance adjuster can use to try and devalue your claim.
Damages listed in personal injury claims typically fall into one of two categories. You have economic damages like medical expenses, property damage costs, and lost wages. Gather up all of your bills, receipts, and repair/replacement estimates. Add everything and the total is the value of your economic damages. Pretty easy, right?
The other category is non-economic damages and this is when things get a little interesting. Non-economic damages are intangible and cover things like your mental anguish, pain, and suffering. Since you can’t fall back on bills and receipts, you need to be creative. You can use either the per diem or multiplier method to come up with the estimated value of your non-economic losses.
Once you have the total value of your accident claim, it’s time to send a settlement demand letter. This goes to the insurance company and lists the following details:
Your demand letter also lets the insurance company know the amount you’re willing to accept as a settlement. The insurance company can either accept or deny your claim. They can also call you in for negotiations. If negotiations fall through, you’re moving on to filing a personal injury lawsuit in civil court.
A step you probably shouldn’t overlook is working with an experienced Arizona personal injury attorney for your case. From navigating fault to calculating your damages your attorney can help make sure that you receive fair compensation. If your injury claim ends up as a lawsuit. Your attorney is ready to argue your case in court.
