Best Personal Injury Lawyers Mesa, AZ Of 2024 – Forbes

4 minutes, 49 seconds Read

If you are considering filing a personal injury lawsuit in Arizona, it can feel overwhelming to start. You want to understand the statute of limitations for personal injury suits, the types of cases and relevant laws that may apply to you.

Arizona Statute of Limitations

Every state has a statute of limitations on certain civil suits, designed to ensure that a case isn’t pursued too long after the incident occurred.

Over time, memories of an event may fade and evidence can become lost or difficult to find. A statute of limitations helps protect defendants from unfair legal action and ensures that a case can be fairly and accurately evaluated.

In Arizona, the statute of limitations for personal injury claims is two years, meaning that an individual has two years from the date of the incident to file charges. For instance, if an individual was bitten by a dog on August 1st, 2022, they have until August 1st, 2024 to file their case.

There are a few exceptions to this law, including if an injury results in death. In this case, the person filing has two years after the victim died to file the case. Another exception is if the victim was under 18 at the time of the incident, in which case they would have two years from their 18th birthday to file.

While two years can seem like a long time, it’s wise to gather evidence as early as possible to ensure you have a strong case.

Types of Personal Injury Cases in Arizona

While there are many different kinds of personal injury cases, there are three main case types that an incident can fall into.

  • Intentional torts. If someone intentionally injures you, as in the case of battery or assault, then you can pursue compensation. In a case like this, you can also pursue criminal charges.
  • Strict liability claims. In a strict liability case, the law makes a defendant liable for an accident or injuries whether or not they intended to do harm. For example, if you drove a car with defective steering and were consequently injured, then the car company may be held responsible even if they unknowingly developed a defective product.
  • Accidental injuries. If someone’s negligence or failure to live up to a professional obligation results in an injury, you may be able to file for compensation. For instance, if a store mops the floor and fails to place a caution sign and you slip, the store may be found liable. Conversely, if a medical practitioner accidentally injures you by acting negligently, you may have a personal injury case.

Arizona Personal Injury Laws

In Arizona there are rules that determine the damages you are entitled to in a personal injury claim.

  • Pure comparative negligence. Under Arizona law, if you are found partially responsible for your injuries, you may lose a percentage of the compensation. For instance, if you are hit by a car that ran a red light, but you were not wearing your seatbelt, you may be found partially responsible for the injuries you obtained and your damages award is reduced by your own percentage of fault. Under pure comparative negligence, as long as you are not 100% responsible for your injuries, you may still be entitled to compensation.
  • Tiered damages. In Arizona, when you initially file your complaint, you cannot specify the exact amount of compensation you are wanting to receive. Instead, you must select one of three damage tiers. The first tier will be selected if you plan to recover $50,000 or less. The second tier is if you plan to recover more than $50,000 but less than $300,000, and the final tier is if you plan to recover more than $300,000 in damages.
  • Written notice requirements. If you plan to file a claim against a government entity, a government employee or a school in Arizona, you must provide written notice of your intent within 180 days after the incident. This notice is not the same as filing a claim, but must be given before the suit is filed.
  • Damage caps. Unlike most states, Arizona does not cap the amount of money a person can receive for compensation for a personal injury. While there is no cap, an individual does still have to prove economic damages and agree to calculated terms for emotional damages.

How Can an Attorney Help You?

A qualified attorney will take the burden of pursuing compensation off your shoulders. Your lawyer advocates for you in settlement negotiations or before a jury if necessary.

Your attorney can help determine the amount of compensation you may be entitled to, as well as what evidence and witness statements will best support your case.

With their experience, many lawyers understand tactics used by insurance companies to lower compensation amounts and use their negotiation skills to help clients receive the best possible outcomes. Lawyers are also adept in legal jargon and processes, which can add a layer of confusion and stress for those who are not in the field.

While working with an attorney may make the process easier for you, it’s not required. You can still pursue a personal injury claim without representation.

Most lawyers work on contingency for personal injury cases, meaning that payment for their work will be a percentage of the settlement or verdict obtained. If the case does not obtain a settlement or verdict, you don’t have to pay anything aside from general filing fees. Lawyers usually take around 33% of the settlement or verdict, but specific terms may vary.

Since there is no upfront cost to hiring a lawyer, it can be wise to do so, especially in more complex cases. In simple cases, such as when an individual admits fault, you may be able to receive compensation without a lawyer, entitling you to the full award.

This post was originally published on 3rd party site mentioned in the title of this site

Similar Posts