After you have been injured in an accident and you seek the attention of a medical professional to diagnose and treat your injuries, the next step is to seek the guidance of an experienced Arizona personal injury lawyer to review your case. A legal professional seasoned in personal injury will know best how strong your claim is, and if you will be able to obtain compensation as well as how much is feasible for your damages.
Determining The Sum for Your Personal Injury Claim
Through the guidance of an experienced legal professional, a specific amount of money based on your situation will be determined. The factors that these personal injury attorneys use to figure this sum out include:
- Medical expenses will be the accumulation of medical records, receipts, and an estimate for the perceived pain and suffering you are enduring from the injuries. These will include the treatment or therapies you face right after the accident as well as the continued treatment and therapies that you will require in the future to recover from the accident.
- Property damages are much easier to quantify as they will be based on the actual monetary amount that the damages to your actual physical property cost.
- Any wages you lost after the accident and those that you expect to lose in the future, including if you will be able to return to work as normal will be taken into account.
- Emotional distress and mental trauma that has transpired as a result of the accident, the pain and suffering, can all impact your quality of life. These implications would not have been a factor if not for the accident and therefore should and will be taken into account.
- The multiplier or how severe your damages are will also be considered. If an accident is catastrophic it will garner a higher compensation amount than one that is minor. The multiplier is used to determine the severity, and there is a range of one to five which is used to find this amount.
- State laws will also be a factor as some states have caps on damages, for instance. The laws of each state must always be considered to calculate a viable amount.
A comparative fault takes into account shared responsibility for an accident and it will impact the final sum of your settlement amount. There are three different types of comparative fault, including:
- Pure Contributory Negligence which is a system where there is no ability to recover compensation if the plaintiff owns any responsibility for the accident. This system is not used in Arizona.
- Comparative Fault is a system where the plaintiff can recover a portion of the final compensation if they had any responsibility for the accident. For instance, if they were deemed 4% responsible, they would have the final claim amount with the subtraction of that 4%. This system is used in Arizona.
- Modified Comparative Fault is a system that won’t allow the damaged party to receive compensation when they are responsible for 50% or greater fault of the accident. This is not a system that Arizona uses.
Arizona uses the comparative fault system and also allows for a right to contribution. If more than one person causes another’s injuries, they will both be held liable and have to pay for compensation.
Contacting An Experienced Phoenix Personal Injury Attorney
Figuring out a feasible settlement isn’t an easy task and many factors need to be taken into consideration. A resourceful and knowledgeable Arizona serious injury attorney can take on the task for you. When you have a personal injury claim, look to the Phoenix personal injury attorneys at ELG Law to help you seek your full legal justice and the highest amount of compensation by calling us at 623-562-3838.