How do I know if I have a Personal Injury claim?
How do I decide if I need to hire an attorney?
How long do I have to hire an attorney?
What damages can I recover?
Should I bring any documents with me to the consultation?
What can I do to strengthen my case?
Is there anything I should avoid doing?
How long will it take to settle my claim?
How do I know if I have a Personal Injury claim? (TOP)
To have a personal injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are.
How do I decide if I need to hire an attorney? (TOP)
An attorney should be consulted if you have been injured. These cases can get quite complicated. In such cases, an attorney will have the legal expertise, time and resources to effectively handle your claim. An experienced personal injury attorney will be able to accurately analyze your case and will be able to meet all of the rules, requirements and deadlines.
When should I hire an attorney? (TOP)
You should hire an attorney right away. It is important to start an investigation so that witnesses can be contacted and other valuable evidence preserved. You don't want the insurance company to have a head start in the investigative stage of your case.
The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Generally, for personal injury and wrongful death claims, the statute of limitations in Arizona is two years from the time of injury or death, although the time limit is significantly shortened in certain types of cases.
The period of limitations usually runs from the time the injury occurred. Special rules, however, apply in some situations. If the claimant is under the age of eighteen, mentally incompetent, or imprisoned, the two-year limitation period is usually tolled.
For lawsuits brought against public entities, involving workers compensation claims, or dog bite cases, there are statutes which require lawsuits be brought within a very short period of time. In certain cases, written notice of the injury must be given to the government. In other cases, the workers compensation carrier must agree to reassign the claim.
What damages can I recover? (TOP)
You can recover your actual past losses such as medical expenses, property damage, and lost wages. The law allows compensation for future medical and care expenses as well as future loss of income and earning capacity.
You are also entitled to non-economic damages for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, etc. Punitive damages are intended to punish a defendant for reckless or malicious behavior and are only awarded in rare cases.
Should I bring any documents with me to the consultation? (TOP)
Yes, you should supply any documents that might be potentially relevant to your case. Police reports can contain eyewitness accounts and details of the surrounding conditions. Copies of medical records and bills from doctors and hospitals will describe your injuries. And insurance information for you and the person who caused your injury will also be helpful. Be sure to bring your own health plan and car insurance information, as well as a pay stub to show your earning capacity.
What can I do to strengthen my case? (TOP)
You should maintain an accurate record of all medical treatment, hospitalizations, surgeries, and prescriptions. Also remember to tell your doctor of any complaints you might have, because doctors’ records are often a good source of information for the insurance companies to evaluate your claim. Make note of anyone who witnessed your accident, what they saw, and their contact information and allow your attorney to review the notes. Taking photos of the scene, the vehicles, and any injuries you sustained can also be very helpful to have. Pictures help to capture the degree of damage to the vehicles and offer an explanation as to what might have happened during the accident. The more information you are able to provide to your lawyer, the easier it will be for him or her to determine if your claim will be successful.
Is there anything I should avoid doing? (TOP)
If you’ve hired an attorney, you should refer the insurance company to your attorney. Avoid any written or recorded statements without the approval of your attorney because they could later be used against you. Do not sign an authorization allowing the insurance company to obtain your medical or employment records unless your attorney specifically instructs you to do so. Without an attorney first reviewing the release, you might be enabling the other insurance company access to personal information.
How long will it take to settle my claim? (TOP)
The time it takes to settle a personal injury claim depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle.
