Have you been involved in an accident in Arizona? It may be helpful to know where you stand if you have been injured because of a collision in the Grand Canyon State. There are some basic laws which will affect your case, whether you decide to file a personal injury lawsuit or simply working with an insurance company for a settlement.
Arizona has time limits for injury lawsuits
In every state, Arizona included, there is a law called the “statute of limitations.” This law creates a time limit for how long you until can bring an injury case to court.
Arizona allows two years to file a lawsuit that is connected to a personal injury accident. This time limit begins on the date of your accident.
However, if there is an injury involved in the accident that doesn’t appear until later (such as soft tissue injuries), the two-year time limit may start on the date that the injury is diagnosed, instead of the date of the accident.
What is the time limit when you are making a claim against a city, county, or the State of Arizona? There are one hundred eighty days to file a formal claim and a lawsuit must be brought within one year.
Sometimes, when you attempt to determine the responsibility of a person or company for injuries, they may argue that you are partially or totally at fault. They do this to reduce the amount of compensation that you can recover.
This is called comparative negligence. Comparative negligence as a defense is meant to lessen the number of damages that you can recover in a claim, based upon the degree of your own negligence which may have contributed to causing the injury in the case.
Arizona courts can apply comparative negligence in injury cases, and insurance adjusters may utilize it in their settlement claims, too. You have to be prepared to counter that argument if it’s at all possible in order to get the compensation you deserve.
Arizona is an “at-fault” state. This means a person who is injured in a collision has the choice to settle their claim with an insurance company or they decide to go to court. In Arizona, drivers are required to have basic auto insurance coverage.
However, Arizona’s at-fault auto insurance laws are flexible, which can assist you when you’re attempting to receive an insurance settlement.
“Damages cap” limits the amount of compensation an injured person can be awarded in certain kinds of cases. Different states offer various damages caps for certain kinds of injuries. However, Arizona has no damages cap in personal injury cases.
Have you been involved in an accident? Contacting ELG Law will help you in the case of your car accident claim as soon as possible. Each accident is unique and damages vary from case-to-case. It is important to retain the services of an experienced personal injury attorney who can help you within the boundaries of your accident. ELG Law can help. Contact us to discuss the details of your accident and how we can assist you to regain the compensation you fully deserve.