Personal injury cases can be confusing, especially to someone with no legal background. At Esquire Law, our job is to help you understand your legal options so you can make the most informed decisions regarding your case. If you have questions about the legal process, you’re not alone. That’s why we’ve compiled a list of frequently asked questions for you to review before meeting with one of our attorneys. These personal injury FAQs should help you feel more prepared for your initial case evaluation.
Top Personal Injury FAQs
1. Why should I choose Esquire Law?
Esquire Law is the trusted legal advocate for accident victims in Arizona and Utah. Our team is familiar with local laws, has experience handling all types of personal injury cases, and has a track record of success. But don’t just take our word for it. Take a look at some of our case results.
2. What types of cases does Esquire Law handle?
As a personal injury law firm, our representation is comprehensive. We take on the following case types:
- Car accidents
- Truck accidents
- Boating accidents
- Medical malpractice
- Motorcycle accidents
- Bicycle accidents
- Brain injuries
- Pedestrian accidents
- Slip and fall accidents
- Birth injuries
- Dog bites
- Spinal cord injuries
3. How much will a personal injury lawyer cost me?
The cost of hiring a personal injury lawyer varies based on the firm you choose and how long your case takes to resolve. At Esquire Law, our compassionate attorneys care more about your well-being than our bottom line. That’s why we offer free case evaluations and work on a contingency fee basis, so you don’t have to pay until we win.
4. What kind of compensation can I expect in a personal injury case?
You can seek two types of compensation, or compensatory damages, in a personal injury case.
- Economic: These are measurable losses with a monetary value. Common examples include medical bills, rehabilitative care, property damage, lost wages, mental health treatment, and prescription medication.
- Non-Economic: These are intangible losses that affect a person’s well-being but have no direct monetary repercussions. Common examples include pain and suffering, mental anguish, emotional trauma, scarring and disfigurement, amputation, and loss of companionship or consortium.
5. How long will it take to receive a settlement?
The amount of time it takes to receive your settlement depends on several factors, including:
- The complexity of your case
- How many parties are involved
- How much evidence is available
- Each party’s willingness to settle
6. How much is my personal injury case worth?
Every case is different. Just because a similar case warranted a certain amount of compensation doesn’t mean yours will warrant the same amount. The worth of your personal injury case depends on a few key factors.
- How severe your injuries are
- How much damage was caused
- If you share any of the fault
- What insurance coverage you and the at-fault parties have
7. When should I speak with an attorney following an accident?
Contact an attorney as soon as possible to maximize your chance of receiving compensation. Your memory is also more accurate in the early stages after an accident, which can make your testimony more reliable and strengthen your case.
8. What steps are involved in a personal injury lawsuit?
Filing a personal injury lawsuit is complex. But Esquire Law is here to guide and support you every step of the way. From scheduling a consultation and gathering evidence to investigating the claim and submitting paperwork, we’ll handle it all so you don’t have to.
9. How long do I have after my accident to bring a lawsuit?
You must file a lawsuit within your state’s statute of limitations. Utah’s statute of limitations for personal injury cases is four years, while Arizona’s is two years. This means you have two to four years from the date of the accident to bring a lawsuit against the defendant. If you file a lawsuit once the statute of limitations has expired, you lose out on any compensation you could have received.
Car Accident FAQs
1. What should I do if I’ve been injured in a car accident?
Taking immediate action after a car accident is crucial. These are the initial steps you should take.
- Check for injuries: Nothing matters more than your safety. Check for visible injuries and seek emergency medical attention right away if needed.
- Move to safety: If you didn’t sustain any visible injuries and it’s safe to do so, move your vehicle to a less congested area—whether it’s to the highway shoulder or a nearby parking lot. This will keep you out of harm’s way and your vehicle away from oncoming traffic.
- Call the police: Call 911 so law enforcement officers can arrive at the scene to ensure safety, gather witness statements, and file a police report. Obtain a copy of the police report and the driver’s exchange for future reference.
- Exchange information: Share your name, address, vehicle registration number, car insurance information, and driver’s license information with the other driver(s) involved in the accident, and get the same information from them.
- Seek medical care: Even if you didn’t sustain any visible injuries, you should still visit a doctor’s office or urgent care facility before heading home. This is important because people involved in car accidents often sustain minor and internal injuries that don’t present themselves until days or even weeks after the incident. At that point, the damage has been done, and the injury could get worse before it gets better. Seeking immediate medical attention is essential for your recovery and overall health.
- Contact a car accident attorney: Contact a trusted car accident attorney. This professional will help you understand your legal options and navigate the claims process from start to finish.
- Don’t sign anything or speak with the insurance company without first speaking to an attorney: Let your attorney handle filing the insurance claim on your behalf. Anything you say could be used against you during the claims process or in court, so don’t say anything that could be interpreted as admitting fault.
2. Should I talk with an insurance company?
Most insurance companies require policyholders to report accidents shortly after they occur. However, we strongly recommend speaking with a car accident attorney before contacting your insurance provider. Insurance companies often care more about their bottom line than your well-being. You can’t always trust them to have your best interest at heart. A trusted car accident attorney will review your case thoroughly, explain your legal options to you, and advise you on what to tell your insurance company.
3. How do I know if I have a valid car accident case?
Negligence must be established before you can claim any compensation from the defendant. These four criteria must be met to establish negligence.
- The defendant owed a duty of care to the victim
- The defendant breached this duty of care
- The breach caused the plaintiff’s injuries
- The plaintiff suffered some form of identifiable harm—whether it be physical or financial—as a result of their injuries
If these criteria are met, you have grounds to file a car accident claim and seek compensatory damages.
4. Who pays for my medical bills after a car accident?
The person who pays the medical bills resulting from a car accident depends on who is at fault for causing the accident. It could be another driver, a car manufacturer, a repair shop, or another entity. If more than one party is at fault, each one must pay the percentage of damages they contributed.
5. Can I claim compensation if the accident was partially my fault?
Thanks to comparative negligence laws, plaintiffs can still seek compensation even if they’re partially at fault for the accident. Their compensation is simply reduced by the percentage of fault they contribute.
Utah practices modified comparative negligence, which allows plaintiffs to be up to 49% at fault for an accident and still seek compensation. If a plaintiff is 50% or more at fault, they cannot seek compensation from the defendant.
Arizona practices pure comparative negligence, which allows plaintiffs to be up to 99% at fault for an accident and still seek compensation for the remaining 1%.
6. What if the other driver doesn’t have insurance?
Both Arizona and Utah require minimum insurance coverage for in-state drivers. Arizona has 25/50/15 coverage, which provides:
- $25,000 for one person who sustains a bodily injury or dies in an accident
- $50,000 for two or more people who sustain bodily injuries or die in an accident
- $15,000 for damage to others’ property
Utah has 25/65/15 coverage, which provides:
- $25,000 for one person who sustains a bodily injury or dies in an accident
- $65,000 for two or more people who sustain bodily injuries or die in an accident
- $15,000 for damage to others’ property
Unfortunately, not all drivers have minimum insurance coverage. To protect yourself financially if you get in an accident with one of these drivers, you should carry uninsured motorist (UM) or underinsured motorist (UIM) coverage. This type of coverage covers any medical bills and property damage costs caused by a driver who either doesn’t have auto insurance or whose policy wouldn’t cover the expenses in full.
7. How is fault determined in a car accident?
The most important factor in determining fault is whether negligence can be established. Remember, four criteria must be met to prove negligence.
- The defendant owed a duty of care to the victim
- The defendant breached this duty of care
- The breach caused the plaintiff’s injuries
- The plaintiff suffered some form of identifiable harm—whether it be physical or financial—as a result of their injuries
Other information your lawyer will use to determine fault includes:
- The nature of the accident
- Eyewitness statements
- The official police or accident report
- Any other relevant evidence
- What should I bring to my initial consultation with a car accident lawyer?
Be prepared for your initial case evaluation so you can get the most out of it. Here are some things you should bring to the consultation.
- A detailed description of the accident
- Relevant medical records
- Documentation of any injury-related costs
- A copy of the official police or accident report
- Pay stubs
- Any correspondence with the defendant’s lawyer or insurance company
- A list of questions
Have a Question That’s Not Answered Here? Get in Touch With Us Today
If this personal injury lawyer FAQ didn’t answer all your questions, feel free to reach out. We’re here to simplify the claims process and put your mind at ease. Our skilled attorneys will take every necessary measure to hold the at-fault party accountable and get the compensation you deserve. Contact us today to get started with a free, no-obligation case evaluation.