Personal Injury Law in Arizona

Were you hurt due to another’s negligence in Arizona? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Arizona can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Arizona relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in  Arizona

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Arizona 

Arizona State University compiled data from across the state to find some commonalities between Arizonans and the accidents that afflict them. The data set showed that white people made up 62% of emergency room visits, and women made up 52% of all visits. The Arizona Department of Health Services found that the number one reason for ER visits in Arizona were chest pains, and contusions of the skin. Arizona saw over 300,000 ER visits, and in 2015, over 41% of all injuries were unintentional, or accident related injuries.

Steps in a Personal Injury Lawsuit in Arizona

Once you determine that you wish to proceed forward with a personal injury action in Arizona

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

In Arizona, the not at fault plaintiff, or party who was injured, first files a formal complaint with local courts. This complaint contains relative information such as the names of the parties involved, a description of the incident, proof that the law or rules were broken, and a list of the damages being sought. You then must give a copy to the at fault party. The court will notify them if they decide to hear the case.

Arizona Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

In 2019 over 1.8 million cases were filed with Arizona Courts. The vast majority filed were in Maricopa County, the state’s most populous county. Traffic related civil and criminal suits made up 68% of all municipal court cases. In addition, the Arizona court system collected $21.4 million in victim restitution payments alone in 2019.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in AZ, that means you risk not receiving any compensation at all.

Damage Awards in Arizona

If your Arizona personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage they inflicted.

  • Special compensatory damages: awards for lost income, medical bills, and insurance deductibles.
  • General compensatory damages: subjective and usually awarded for pain and suffering.
  • Punitive damages: rarely awarded and usually meant to teach the defendant a lesson.

Arizona’s constitution actually prohibits damage caps on both economic and non-economic damages. These include medical bills and pain and suffering costs, respectively.

Statute of Limitations in Arizona Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The statute of limitations in Arizona is two years for personal injury cases. This may seem like a significant timeline, however, keep in mind, many injuries and costs related to your accident may not develop until months later.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Arizona Lawyer

Pursue a personal injury claim in Arizona against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Arizona state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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