Not At Fault For an Arizona Car Accident – Do You Need an Attorney?

Not At Fault For an Arizona Car Accident – Do You Need an Attorney?

When you are a victim of an Arizona car accident, you might think you do not need a car accident attorney. However, that might not always be the case. An Arizona car accident attorney can be very beneficial to have in your corner when filing a claim.

If you do not sustain any injuries or just your vehicle is damaged, you do not need an attorney. If you do sustain injuries from a crash, it would only help you to have an Esquire Law Firm personal injury attorney handling your injury claim!

Arizona Car Accident Laws

ARS 12-542: The statute of limitations for car accident cases is set to two years. Victims of car accidents have two years from the date of the accident to file a claim. Families of car accident victims who experienced a wrongful death also have two years from the date of the death to seek financial compensation.

ARS 12-2505: Pure comparative negligence states that Arizona car accident victims can seek partial compensation for their damages even if they are deemed partially at fault for the crash.

Arizona is an at-fault state which means the victims of a car accident can seek compensation for the damages caused by someone else’s negligence. Car accidents in Arizona can be stressful due to the comparative fault law. If the insurance adjuster of the at-fault driver involved can find the victim any percentage at fault, it can potentially lessen the amount of compensation.

If you have an Arizona personal injury lawyer who specializes in car accidents in your corner you will be able to recover a better settlement. Our Arizona car accident attorneys will gather the proper evidence and build a case to prove the percentage of fault for the other driver. You cannot trust that the insurance company will give you a proper settlement to cover all of your damages.

Required Car Insurance Coverage

In Arizona, by law, drivers are required to carry car insurance. It is required to have a minimum of $25,000 bodily injury coverage and a $15,000 minimum for property damage. Even though all drivers are required to have these minimum coverages, some drivers do not carry any car insurance. It is recommended for drivers to opt to carry uninsured motorist coverage for these types of instances.

Arizona Car Accident Damages

Arizona car accident lawyers will be able to recover a settlement for damages victims have endured if there is insurance coverage to go after. Damages that can be collected with the help of an Arizona car accident lawyer are:

  • Medical bills
    • Medical records that show a direct correlation between sustained injuries and the crash will be helpful. This will help you collect payment for all medical expenses that have happened and any that will happen in the future.
    • This will include any surgeries, physical therapy, and routine medical checks for progress
  • Lost wages
    • During the time following the car accident with injuries that impair your ability to work, you can collect on those lost wages.
    • Lost wages are calculated by figuring out how many work hours you missed due to your injuries. This can be done whether you are working a salary or hourly wage.
    • For a victim who is self-employed, you would have to claim lost income rather than lost wages. You would need to provide proper documentation such as the previous year’s tax return or 1099, bank statements, and previous receipts and invoices.
  • Property damage
    • If your vehicle was badly damaged, you will be able to receive compensation to either repair the vehicle or for a new vehicle.
  • Pain and suffering
    • This can consist of PTSD, anxiety, depression, and ongoing pain that is experienced every day.
  • Loss of companionship
    • If a family member is looking for compensation for a loved one’s wrongful death due to the negligence of another driver. They can collect compensation to pay for funeral costs and any medical costs that may have taken place before the loss.
  • Disabilities
    • Any injuries that cannot be fixed with surgeries or physical therapy.
      These types of injuries can be from the spinal cord or the loss of a limb.

If you try to collect compensation only from the insurance company, you will not be able to receive compensation for all of the damages listed above. Being involved in a car accident can be a stressful situation when you are worried about recovering. Car accident costs can add up quickly and it is important to recover the most compensation possible.

The pure comparative fault law establishes the percentage of fault for all drivers in the accident. The percentage of fault for drivers can reduce the amount of settlement available. If the victim of the crash was found to be 20% at fault and the original settlement amount was $100,000, they would only be able to get $80,000.

This is why it is recommended to have an Arizona car accident attorney help you with your claim. They will be able to prove the other party is more at fault than the victim. Our car accident lawyers provide free consultations to review your case and provide you with legal advice.

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