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.
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