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The personal injury lawsuit process can be an ordeal without an experienced attorney helping guide you along. For those who have been injured as a result of an accident in Arizona and are considering available options, learn more about the personal injury lawsuit process here.
Arizona, like most other states, has a statute of limitations.This is a law that sets a time limit within which one can bring a case to court. The statute of limitations applies to all cases where an injury or death has occurred as a result of the actions of another party. This statute means that from the time of your injury, you have two years to file a lawsuit in Arizona. Often, it happens that an injury, resulting from a motor vehicle crash, will present symptoms late – that is to say, you may not necessarily I know you’ve been injured until a little time passes. In this situation, the two-year time limit will start on the day the injury was diagnosed rather than the date of the accident. But, in all other cases, if you are late filing for the personal injury case by even one day, the court will refuse to hear your case. If you are filing a case against a public employee, city, county, or the state, Arizona personal injury laws state that you have 12 months to file a formal claim from the injury date.
Arizona follows the comparative negligence rule. For example, if you were involved in a motor vehicle accident, then the jury will hear your case and may find that you were at 30 percent at fault and the other party was at 70 percent at fault. If the total damages awarded are $200,000, then you would receive $140,000 because you were at 30percent fault.
Insurance companies also use the comparative negligence rule during injury settlement negotiations. Be aware that the insurance adjusterwill put forward the motion that your compensation should be lowered because you were also partially at fault.
To handle auto insurance cases, Arizona utilizes the “at fault” system, meaning that if you are injured in an auto accident, you have the option to settle the claim with the insurer. If this fails, you can go to court to prove fault and collect damages. Like all U.S. states, in Arizona, it is mandatory to have the minimum liability insurance when driving on the roads. This insurance will provide compensation to an injured driver without having to seek legal action.
In most states, there is a “one-bite rule,” meaning when a dog injures another person, the owner is protected to a varying degree from injury liability if he or she had every reason to believe that the dog was not dangerous. However, in Arizona, the one-bite rule is not practiced, and the owner is strictly liable for any dog bite injury, irrespective of the dog's past behavior.
Many states have a cap on damages that can be awarded to an injured person. The amount of capped award does vary and applies to many types of injuries. However, in Arizona, there are no caps on damages for personal injury cases. This means that juries are at liberty to award large sums of money for personal injury cases. Damages can also be awarded for emotional distress, pain, and suffering.
In Arizona, there are certain rules and regulations that one has to abide by when understanding the personal injury law process. Each step has to be properly executed or the case can be dismissed. Below are the general steps that are taken to abide by Arizona personal injury laws:
If you have been injured by the negligent actions of another individual and would like to file a lawsuit, the best advice is to first consult with a personal injury lawyer to determine if your case has merit. The first consultation is free and you may ask any questions you like. For personal injury lawsuits, lawyers work on a contingency basis, meaning you only pay when you win. The important thing is to seek an experienced personal injury lawyer who is not afraid to go to trial, but at the same time, is also willing to settle if the compensation is fair. Contact Richard Gullette Law today to find an experienced attorney.