PHOENIX PERSONAL INJURY ATTORNEY
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PERSONAL INJURY CASES WE HANDLE
Affordable Arizona Personal Injury Attorney
If you’ve suffered an injury due to the negligence of another person or as a result of a malfunction, you may be eligible to claim financial compensation for your injuries and losses. As a top trusted Phoenix law firm, we’re dedicated to defending the rights of injury victims, as well as their families.
Our Phoenix personal injury lawyers understand how difficult the process can be for those who are suffering from a personal injury.
We have years of experience handling personal injury lawsuits in Phoenix and have a proven track record of success.
At Ybarra Maldonado Law Group, we’ll help gather the paper trail associated with your injury, car accidents, lost wages, property damage, and the insurance company to help ensure you’re getting what you deserve.
ARIZONA PERSONAL INJURY ANSWERS
How is Pain and Suffering Calculated in Arizona?
Pain and suffering damages are difficult to articulate. They can be even more difficult to demonstrate in court. Regardless, Arizona allows injury claims for pain and suffering.
When someone is injured due to another person’s negligent actions, they can seek compensation for his or her medical expenses and lost wages under Arizona’s personal injury law. While it’s easy to calculate the cost of medical treatment and lost wages, it can be much harder to place a price tag on a person’s pain and suffering.
When someone is injured, they generally experience some degree of pain and suffering. Two kinds of pain and suffering exist:
- physical pain and suffering includes the physical pain associated with the injuries. This includes both up to the date of recovery and the pain that can be reasonably expected to continue into the future.
- mental pain and suffering includes the emotional toll that an injury takes on the plaintiff. This can include fear, PTSD, depression, etc.
In Arizona, the plaintiff can recover damages for the physical and mental pain and suffering caused by the injury.
The challenge with pain and suffering is that it’s terribly difficult to put a number on a person’s level of pain and suffering. Because of this, courts look at several factors when trying to decide how much compensation the plaintiff should receive.
These factors include:
- type of injury
- type of medications needed
- length of recovery
- permanence of the injury
An often overlooked factor is whether or not you’re a good witness (or if you’ve hired a good attorney to help you prep for this step). If a juror (in the case of a trial) or the opposing attorney (in the case of settlement negotiation) perceives you as a good witness, you’ll more likely to receive the compensation you’re seeking.
What is the Average Payout for a Personal Injury Claim?
There tend to be general patterns as to how most insurance companies will value a personal injury case in Arizona:
- The injury-serious injuries will result in more medical expenses and significantly more pain and suffering damages. This in turn, usually leads to a higher payout.
- Defendant’s insurance policy-insurance providers won’t offer settlements over the policy limits.
However, there are several actions you can take that can drastically affect the likelihood of a successful outcome, as well as the amount of compensation you may receive:
- hiring an experienced personal injury attorney
- negotiating a settlement, as opposed to taking the first offer, and
- taking steps to involve the court
What is the Statute of Limitation on Personal Injury in Arizona?
Like every other state, Arizona has statute of limitations. This sets the time limit on bringing injury cases to the courts. In Arizona, you have 2 years to file a lawsuit related to a personal injury. In the majority of cases, this time limit will start running on the date of the accident. However, if you suffer a hidden injury that you didn’t discover until later, the 2 year time limit could start on the date you discover the injury, instead of the date of the accident.
However, if you’re bringing a claim against a city, county, or the state of Arizona, you have 180 days to file a formal claim and must bring a lawsuit within 1 year.
How Long Does an Insurance Company Have to Settle a Claim in Arizona?
In Arizona, insurance companies have 40 days to settle a claim after it is filed. Arizona insurance providers also have very specific timeframes in which they must acknowledge the claim and decide whether or not to accept it, before paying out the settlement.
Insurance Claim Timeline in AZ
- 10 business days to acknowledge the claim and send the policyholder paperwork. This will include proof-of-loss forms that serve as a sworn statement from the policyholder bout the scope of the damage or injury received.
- 15 business days to make the final decision on the claim after receiving the completed proof-of-loss forms.
- 15 days to make the final payment if the policyholder approves the claim.
What Can You Sue For in a Personal Injury Claim?
After an accident caused by the negligence of another person or company, a variety of different types of compensation exist.
The negligent party could pay:
- medical expenses
- lost wages
- pain and suffering
- emotional distress
- property repair or replacement
When someone is killed by an accident, the victim’s family can bring a wrongful death claim. Wrongful death compensation may cover:
- medical bills
- lost financial support
- loss of consortium or companionship
- funeral costs
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