Tens of thousands of car accidents happen every day in the United States. The aftermath can be an overwhelming experience. Car crashes are not only traumatic and painful, but they can be expensive, especially when not properly handled.
Filing a Lawsuit
Most car accidents do not result in a lawsuit or trial. The concerned parties are often willing to negotiate through their insurance provider instead of going through the court system. However, if you and the insurance company cannot reasonably agree who was at fault for the accident or both parties are not satisfied with the proposed compensation, you will find yourself in court.
However, there are some situations where a lawsuit is necessary for recovering the compensation you need after an accident. This can include a car accident that was especially tragic and resulted in severe injury or death, or if an insurance company refuses to provide a reasonable amount of compensation that would cover the damages of a car accident.
In Arizona, fault is determined based on the law of negligence, which attempts to account for harm not caused by intent (which is a required element in most crimes) but by inattention or carelessness. Determining fault requires a detailed investigation involving a review of photos of the accident scene, damages to each vehicle involved, assessing the nature and extent of the victims’ injuries, and reviewing documentation such as maintenance records and phone records. Using all of this information, it will be possible to reconstruct the accident and determine who was at fault.
If you have been injured in a car accident in Arizona, you may be entitled to compensation for damages, including car repair, car rental, diminution of value, loss of wages, medical bills, pain and suffering, permanent injuries, scars, future health care, and even damage to a spousal relationship.
Do I need an attorney if I have insurance?
Even if you are not at fault, an insurance provider might depreciate the true value of the damages you have suffered or downplay the coverage allowed to help you recover from the injuries you sustained after a car accident. In this instance, it’s beneficial to have an attorney on your side who will fight for your rights and help you receive the compensation you deserve.
If your insurance company requires you to report your accident to them in a certain amount of time, do not accept any settlement offer until you consult with your Phoenix car accident attorney.
How long do I have to file a lawsuit?
In most cases, car accident victims in Arizona can file a claim up to two years after the accident occurred or when a hidden injury was first discovered. If you wait to file a claim outside of the two-year time limit, you will not be allowed to pursue compensation. However, there are instances where the statute of limitations passes in as little as six months. Deciphering the correct statute of limitations can be extremely complicated, so it’s best to consult an attorney if you have any questions.
Call Arizona Attorney Lawyers today to discuss your legal options and determine if it is in your best interest to file a lawsuit.