How Would I Know If I Had A Car Accident Injury Case? 7 Thing To Keep In Mind:
Very few horrific experiences can compare to being in a car accident. Even if you walk away from the accident unscathed, it will still leave you with feelings of dread and unpredictability. More than 50,000 individuals are hurt each year in automobile accidents in the state of Arizona.
When you live in a state with some of the busiest roads in the world, you may be involved in a car accident. There are a lot of people who wonder if they should call an Arizona Car Accident Lawyer to find out if they have a case or if they should pursue a claim to find out if they have a case. The following are some considerations that will assist you in making that choice:
Understanding state laws in Arizona
Because there is a system that classifies states into “fault” and “no-fault” classifications, and Arizona is a “fault” state, which is excellent news for accident victims, the validity of your case depends on the laws of the state in which it was filed.
In a state that follows the “fault” system, such as Arizona, the driver who is found to be at blame will be the one who is responsible for paying for any damage that was caused. On the other hand, an experienced auto accident attorney in Arizona may be able to assist you in demonstrating that the fault is with the other driver.
In a state that follows the “no-fault” system, an individual’s insurance will pay for their damages regardless of who was at fault for the accident. To put it another way, if your accident occurred in a state under the “fault” system, you might have a case. If your car accident took place in a state with a “no-fault” policy, the only time you are eligible to file a lawsuit is if your injuries are more severe than those specified by the legislation of that state.
How long do you have to file a claim after an accident?
In the state of Arizona, the statute of limitations for filing a lawsuit following a motor vehicle collision is two years unless the claim is brought against a public entity such as the state or the city. If this is the case, you have one year from the date of the automobile accident to launch a lawsuit and 180 days from the date of the car accident to file a notice of claim. You will be deemed to have given up the right to submit a claim if you fail to initiate a legal proceeding within these specified time frames. As a result, you should schedule an appointment with an Arizona Accident Attorney as soon as possible.
Identifying the person or persons responsible for the incident
You need to determine who was at fault for the accident and your injuries before you can file a legal claim. For instance, you ought to make an effort to investigate the following in order to assist you in determining who is at fault:
- The motorist appeared to be oblivious to the spotlight.
- Has the driver been going too fast?
- Were alcohol or other substances affecting the driver’s ability to operate the vehicle?
- Did the driver nod off while they were operating the vehicle?
- Before the crash, was the driver utilizing a mobile phone in any way?
- Was the motorist preoccupied with something else, such as putting on makeup while driving?
- When you say “before the collision,” did you even notice the driver? It’s possible that they are groping for something under the seats, which would cause them to lose control of the vehicle.
After you have determined the likely reason for your accident, you can move forward with the steps required to file a compensation claim. It is essential to consider that Arizona uses the comparative fault system. For instance, the vehicle that struck you might have been going too fast through the intersection, but you might have ignored the warning signal to stop when it turned red. As a result, the percentage of culpability may be divided between the two of you, which may affect the amount of compensation you are awarded.
Gathering potential evidence
It’s possible that you’ve already documented your accident with photographs and videos. If you are unable to do so, obtaining the police record will be extremely important to the outcome of your case.
After an automobile collision, you can collect evidence in a few different ways, including the following:
- You should go back to the location of the accident and if at all feasible, speak with the witnesses there.
- You could ask the owner of nearby businesses or households that have cameras installed to check and see if there is any recorded footage of the car accident you were involved in.
- Make sure that you have documentation of the treatment that you have had, such as x-rays and a diagnosis. If you are currently unable to work due to your injury, you could be required to submit a request for medical certification.
- Because the accident may have caused you to miss time from work, you may be eligible for financial compensation to compensate for your lost income. Request evidence of your absence from work due to your injury from your direct supervisor or the HR department.
- If the accident renders your vehicle unusable, you must compile records detailing the damage degree and the repair cost.
Assessing the various types of damage
The losses caused by an automobile collision can either be economic or non-economic in nature. However, it is much simpler to calculate the economic damages, which include things like the following:
- Expenses incurred for the repair or replacement of a vehicle
- Income reduction due to time away from work Costs associated with continued medical care and medication
The most challenging aspect is determining the value of the non-economic damage, and if you have been hurt, there are certain things you need to be able to demonstrate:
- Agony and mental anguish
- Emotional trauma and mental distress
- Impairment and those with disabilities
As was previously mentioned, the laws of each state are distinct from one another. In some regions, the amount of legal compensation you can collect might be capped at a certain point. Fortunately, the legislation in Arizona does not place any caps on the compensation available to accident victims who have suffered severe injuries.
Determining the extent of the injury
People are typically motivated to move on with their lives as quickly as they can after being involved in an automobile accident. After an accident, taking care of your health should be your top priority, even if you have a long list of other responsibilities.
You should always go to the doctor as soon as possible, regardless of whether or not you are experiencing any symptoms of injury. The severity of your injuries will play a significant role in determining how much compensation you are entitled to receive for your claim. Accidents involving motor vehicles most frequently result in one of these two types of injuries:
Hard injuries are severe traumatic physical wounds readily apparent to medical professionals during exams. Hard injuries are often referred to as “high compensation” because of the severity of their symptoms and the potential for long-term impacts on traffic.
You have the legal right to compensation for any physical injury you sustain, even if it is more difficult to demonstrate that you had a soft injury. To ensure that any soft tissue injuries are documented in your medical report, it is imperative that you seek medical assistance as soon as possible following a car collision.
Establishing your claim
Hiring a car accident attorney in Arizona will be of assistance to you in demonstrating that the evidence and damages you have are valid and reasonable. Can you recognize yourself in any of the circumstances described in this article? Your right to compensation for the injuries you sustained in the car accident depends on the answer to this question. Our trustworthy group of Arizona car accident injury attorneys at The Law Office of Erica Gelfand is here to assist you in any way we can. Call (480) 424-4431
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