Who Can Make a Personal Injury Claim in Arizona?Arizona Legal News
Deciding whether you should file a claim or file a lawsuit is the primary step to get the injury compensation that you are entitled to. Here’s what you need to be aware of.
If someone else, such as a person or a business, leads you to an injury, you should expect recompense for your injuries.
Every day, someone is injured in a car accident, slips and falls, is bitten by a dog, handles a defective product, is the victim of a medical mistake, and more. Any of these people can make a personal injury claim.
For instance, what if you’re injured in a car accident that was someone else’s fault? You have medical bills, and you’re injured and can’t work. Should you file a lawsuit, or do you try to work with a settlement?
Difference Between a Claim and Lawsuit
Claims and lawsuits are separate ways of seeking compensation. A personal injury claim works with an insurance company, like auto, homeowner’s, business liability or malpractice.
A personal injury claim is a process between you and the insurance company. In most cases, you file a claim with the at-fault driver’s insurance company lead to a settlement payment. However, for complex cases, you’ll need an attorney to garner fair compensation.
A personal injury lawsuit happens when the negotiation breaks down. The breakdown may happen because the insurance company denies that their insured was at fault. The next step after this issue is a lawsuit.
A claim happens after you suffer injuries or property damage that is caused by another person’s carelessness. The at-fault driver then turns the case over to their auto insurance company.
Once this happens, the insurance assigns a claims adjuster. The adjuster attempts to negotiate a settlement.
The investigation of the accident may include:
- Your medical bills
- Witnesses to the accident
- Police report
- Photographing the scene of the accident
- Checking out property damage
You need to prove:
- Their insured’s negligence was the cause of the accident
- Your injuries are severe and needed medical attention
- Medical costs are substantial
- Out-of-pocket costs are directly related
- You are unable to work
- You have pain and discomfort
The claims adjuster will then make a decision based on all of the information. At any time during this process, you can consult an attorney.
Watch Out for the Statute of Limitations
Personal injury claims are subject to statutes of limitations. You must work out your injury claim or file a lawsuit before the clock runs out, or you can’t pursue compensation. The time period starts when your injury actually happened, not when you filed your claim.
The insurance company doesn’t have to settle your claim before the deadline takes place, or to warn you that you don’t have much time left. If the statute is over before you settle, they win the case.
A lawsuit is filed against the at-fault person, not their insurance company. Lawsuit expenses include:
- Serving your lawsuit
- Court reporter costs
- Medical testimony
- Copying costs
Before you file a lawsuit, talk to an experienced personal injury attorney. They will know how to handle your case.
Making An Injury Claim — Talk To A Qualified Attorney In Arizona
Have you been involved in an accident? If you or a loved one sustained an injury in a collision, contact the expert personal injury attorneys at ELG Law. 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. Contact us to discuss the details of your accident and how we can assist you to regain the compensation you fully deserve.