Arizona Personal Injury Lawsuit - What You Need To Know
An accident can happen at any time, and when it does, your life may be changed forever. Some people lose their lives while others suffer from injuries that are both debilitating and costly. Those injured from an accident have every right to seek compensation from the party whose negligent conduct caused the accident. Understanding the basics of how to file a personal injury claim in Arizona is important if and when you find yourself in this situation.
Regardless of the type of accident, you have the right to seek compensation for all damages. Unless you are familiar with the process, it can be complicated and confusing. For that reason, it is recommended to consult with a personal injury attorney. Personal injury attorneys have knowledge and experience with the law and judicial process. They understand how to negotiate with the insurance company and receive the most compensation for persons injured in an accident.
Statute of Limitations
When you file a personal injury claim in the state of Arizona, you need to understand that the law only allows two years to file a claim, also known as the two year statute of limitations. This means that those injured in an accident only have two years from the date of injury to file a personal injury suit in court. This also applies to wrongful death claims arising out of the death of a loved one from an accident. Beyond the two-year period, it is likely the court will prevent pursuit of the claim for injuries against the negligent party.
The first step in recovering compensation for injuries suffered in an accident is to draft a demand letter describing the injuries and amount of compensation sought from the negligent party. For minor accidents, it is safe to anticipate a decent offer from the insurance company of the at-fault party. Minor accident typically have a good chance of a quick settlement. If substantial injuries and loss are involved, however, it’s likely there will be a fight for fair compensation. When accident victims with serious injuries do not get a fair settlement offer that truly reflects the extent of their loss and/or injuries, a lawsuit should be filed.
Negotiations to settle personal injury claims are very likely to take time as the parties argue their respective positions on fault for the accident and the injured person’s damages. If a settlement is not reached, the injured person will have to file a suit against the at-fault party and have the judge or jury decide the case. With a personal injury attorney fighting for the injured party, there is a much better chance of the parties reaching a fair settlement.
If settlement negotiations are unsuccessful and the insurance company rejects the demand for compensation, the case will move to court. Taking a case to court can be expensive and take a great deal of time. The first step is the discovery phase, which includes both parties gathering information and evidence and to build their cases.
After information and evidence is obtained, the case will go to trial. Depending on the complexity of the case, civil trials can last a few days or weeks. In most cases, the jury will decide how much compensation should be awarded to the injured party. In all, after a case is filed in court, it takes over a year before the case is decided by a jury.
Contact The Folger Law Firm Today!
While it’s never easy, having a skillful and knowledgeable attorney by your side can make all the difference. An experienced attorney will represent your interests, build your case, and provide valuable advice throughout the process.