Personal injury negligence claims in Arizona are different than in other states. If you have been injured in an accident, whether a slip and fall, car crash, or other accident, you may be unsure of your legal rights. If you have been hurt due to someone else’s negligence, you may be entitled to file a personal injury claim and obtain compensation for your medical expenses, lost wages, pain and suffering and more.
Understanding Personal Injury Negligence
Personal injury cases center around negligence. The legal definition of negligence is a failure to behave with the level of care someone else would have exercised under the same circumstances. Within a personal injury claim, the plaintiff (or victim), must prove four things:
- The defendant, or party at-fault, owed a duty to you. For example, a motorist had a duty to obey the driving laws.
- The defendant breached that duty and failed to exercise reasonable care. For example, the driver failed to adhere to laws in place.
- The defendant actions led to an accident and your injuries.
- The accident caused damages, which can include physical, emotional, and financial damages.
How Personal Injury Claims Work
Many personal injury victims want to move past their injuries as quickly as possible. Unfortunately, this means they may be receiving less compensation than they deserve. Filing a personal injury claim doesn’t have to be complicated. An experienced attorney can help guide you through the following process.
- A claim is filed on your behalf.
- The defendant has 20 days to respond to the claim after they have received it.
- If a response is filed, both parties will need to provide evidence on the lawsuit and reasons for why it the accident may have occurred.
- Depositions will be used to request important documents such as a police report.
- Following the discovery process, a motion to set the case will be completed.
- If the case can continue, a jury or judge will review the claim, determine fault and award damages.
While the process may seem intimidating, by hiring the best lawyer, you can rest assured that they will take care of everything for you. A good personal injury attorney understands that your priority should be healing from your injuries, not dealing with an insurance company.
What is a Personal Injury in Arizona?
The definition of personal injury is similar across the U.S. However, some states do have comparative negligence laws, and Arizona is one of them. Comparative negligence means that even if the personal injury victim is at fault, they may be able to recover compensation. Ultimately, the victim’s compensation is reduced based on the amount in which they are at fault.
Under Arizona law, if the jury finds the plaintiff at fault, their amount of compensation is reduced by the degree of fault. However, if the plaintiff (or victim) caused the accident or contributed to the injury, they may be unable to recover compensation.
Requirements of Arizona’s Negligence Laws
Along with contributory negligence and proving duty, breach, and damages, there are additional requirements to Arizona’s negligence laws. Arizona’s law includes the right to contribution.
Right to contribution in Arizona primarily focuses on the rights of individuals who are jointly liable for the same injury to a person and damage to the property. For victims, this means they have a right to hold all parties liable who contributed to the damages. For example, in a medical malpractice case, if it can be proven that multiple medical professionals breached their duty of care, each of them may be held liable. In a car accident claim, it may be proven that an individual caused an accident, but poor road design by the local government contributed to the accident as well.
Additionally, state laws require that all personal injury claims be filed within two years of when the accident and injuries occurred.
Why You Need a Lawyer
Hiring a lawyer for a personal injury negligence claim is important. Having an experienced attorney on your side means you’ll have someone to help you navigate the legal process. Your lawyer will be able to investigate your claim, obtain the necessary documents needed to build a strong case, file a claim on your behalf, and fight against the liable parties so that you can obtain the compensation you deserve.
Personal injury negligence can cause you to lose up to 100% of your claim. Don’t let that happen to you. Contact us if you’d like a case evaluation.