Personal Injury Lawyer in Tempe, AZ

If you were injured, you should always have a lawyer on your side.  Never rely on insurance companies to truthfully tell you what your case is worth or whether you even have a valid claim.

Our lawyers can work with you to help you get the compensation you need, accounting for medical bills, lost wages, and other expenses.  We can also seek full compensation for your pain and suffering and other non-economic damages.

To get started on your case, call our personal injury lawyers at Phoenix Accident and Injury Law Firm today at (480) 428-0816.

Determining Fault in a Personal Injury Case

In a personal injury case, fault requires four elements.  For any defendant who meets these four elements, a court can hold them responsible for their fair share of the blame.

Elements

Most injury cases are based on a claim of negligence, meaning that

1. The defendant owed the victim a legal duty, often based on traffic laws, other statutes, or what is reasonable in the given situation.
2. The defendant breached that legal duty, typically by failing to use the necessary care and skill.
3. That breach caused your injuries, i.e., the accident would not have happened unless the defendant did what they did.
4. You suffered damages, such as physical injuries and monetary damages, that you can recover compensation for.

If we can prove these four elements for any defendant, then we can hold them at fault.

Assigning Fault

In many cases, more than one party will share fault.  This means that these four elements apply to each defendant.

From there, the jury can assign a share of the fault to each party.  They do this based on what each at-fault party's actions were and how they contributed to the total harm.  For example, fault could be 50/50 or 60/40.

Fault can be assigned among many parties, and a portion of the blame can be given to the victim, too.

The Process of a Personal Injury Lawsuit in Tempe, AZ

Personal injury claims happen in a few stages:

Getting Medical Care

After your accident, you should get immediate medical care.  Serious injuries often require surgeries and a long road to recovery, but it is important to follow through with all appointments and therapies.

Collect Evidence

There is some evidence collection you may be able to do at the scene of the accident, especially in car accident cases.  There, you should collect the at-fault driver's name, contact info, insurance info, and vehicle info, along with any other info you can collect.

Witness information and photos of the accident area are always important.  Other evidence can be collected later, but our personal injury lawyers can typically handle this for you while you focus on your recovery.

Insurance Claims

The first place to turn for damages is insurance in many cases.  You may have some first-party benefits to help you, but most claims are filed against the at-fault party.

Initial settlement offers are usually low, and our lawyers may have to negotiate for better compensation.  Insurance investigations can take a while before we know the outcome.

Filing a Lawsuit

If the case is taking too long, the insurance company seems like they are giving you the runaround, or the insurance company has denied fault, we may have to go to court for damages.  Once we file in court, we take the decisions about fault away from the insurance company and put them in the hands of a neutral judge and jury.

Going to Trial

If your case does not settle through ongoing negotiations, then we can go to trial.  There, we can put on our case, call witnesses, and seek full damages from the jury.

Calculating Damages in Your Personal Injury Case

You can claim damages for nearly any harms you face in an accident, both monetary and otherwise.  These are typically divided into "economic" and "non-economic" damages, which are calculated a bit differently.  You can also claim punitive damages in some cases.

Economic Damages

You can claim the full value of any costs you have to pay or money you miss out on because of an accident, such as the following:

• Medical expenses
• Therapy bills
• Lost wages
• Other lost earnings
• Vehicle repair/replacement costs
• Home adaptations for disabilities
• Childcare while you are hospitalized.

We can calculate these costs by totaling up all bills and financial records, then projecting the future economic damages you will continue to face.  This includes ongoing medical care costs and ongoing lost earning capacity.

Non-Economic Damages

Pain and suffering, mental anguish, and emotional distress are all parts of the non-economic damages you can claim.  They have no inherent value, so it is our job to calculate a fair cost for these harms.

One method uses a multiplier, chosen based on how severe your injuries are.  We multiply this by the total economic damages to come to a non-economic damage value.

Another method assigns a per diem value to your pain and suffering, chosen by factoring in your typical daily income and adjusting for the severity of your injury.  We then multiply that by the number of days you faced pain and suffering.

Punitive Damages

Additional damages can be claimed not to pay you back, but to punish the defendant for wrongdoing.  These damages are only available if...

1. You have clear and convincing evidence of the defendant's mental state.
2. They went beyond mere negligence into intentional or reckless action, often involving a disregard for your rights.

Punitive damages equal to the rest of your compensatory damages are usually allowed, though there are factors to consider when calculating punitive damages.

What Does Insurance Cover?

When you file an insurance claim against the defendant, it can cover any damages you face, up to policy limits.  Some insurance policies may have low limits, and any overflow can be claimed against the defendant directly.

However, uninsured or underinsured defendants often cannot afford damages beyond their policy limits, making recovery complicated.  In car accident cases, your own insurance policy might have supplemental coverage, such as underinsured motorist insurance, that can take care of additional costs.

FAQs for Personal Injury Claims in Tempe, AZ

When Should I Call a Lawyer?

You should contact a lawyer as soon as you can after an accident.  Calling in the first few days is ideal because it allows us to jump in and look for any evidence from the scene that might be available, like security footage that could be deleted/overwritten within days.

It also allows us to talk to witnesses, track damages, and help you with other aspects of your recovery, such as finding specialists for treatment.

How Long Do I Have to File an Injury Claim in Tempe, AZ?

Injury cases have to be filed within 2 years from the date of injury.  This is set by the statute of limitations for personal injury cases in Arizona.

Is There a Limit on Damages in My Case?

Damages are not capped in Arizona.  This means you are allowed to claim as much money as you need to cover your damages.  We cannot, however, claim damages beyond what we can prove.

What Damages Can I Claim?

Most personal injury claims involve at least these three areas of damages:

• Medical bills
• Lost wages
• Pain and suffering.

On top of this, you can claim other expenses and monetary damages related to the case.  Some cases also allow for punitive damages if the defendant's actions were intentional or reckless.

Who Can I Sue?

Injury cases can be filed against any party that violated a legal duty, resulting in your injuries and damages.  This is often an individual, such as another driver on the road, but it can also be a company or business, such as a store with a slippery floor.

You typically cannot sue an employer for a work-related injury, but that does not stop you from suing other people responsible for a work injury.

How is Fault Determined?

For any party to be held at fault, they must have violated a legal duty that they owed you, and that violation must have actually caused your accident.

In many cases, multiple parties make mistakes that contribute to the accident, and each party can be held liable for their fair share of fault.  Courts usually apportion fault as a percentage of the blame and damages, based on how much each party's actions contributed to the injuries.

What if I'm Partially at Fault?

If you are partially responsible, the court can assign you a percentage of the blame, too.  Under Arizona law, your damages can be reduced according to your percentage of fault, but you cannot be blocked from suing.

Where Do I File a Lawsuit?

Most injury cases worth at least $1,000 will be filed in the local Superior Court.  For injuries in Tempe, this typically means filing in the Maricopa County Superior Court.

Do I Have to File a Lawsuit?

In some injury cases, we may be able to negotiate with the defendant and their insurance company and settle for a fair value.  Insurance claims can pay high-dollar damages, and you may be able to avoid a lawsuit altogether if our personal injury lawyers can negotiate with the defense.

However, insurance carriers sometimes refuse to settle for a fair, reasonable value, leaving us no choice but to press the case in court.

Can ASU Students Sue in Tempe if They are From Out of State?

About 35% of ASU students are from another state, but that does not change their rights under Arizona law.  You typically file an injury case where it happened, meaning you are able to get a local attorney and file your case here in Tempe.

You might not be able to file your case back home, depending on who is responsible.

What Does a Lawyer Help With?

Our attorneys can help with calculating damages, finding evidence, building your case, helping you understand your legal rights, and actually fighting the case, whether in the courtroom or at the negotiating table.

However, we pride ourselves on taking care of more than just the legal issues our clients face.  The time after an injury can be very confusing, and our firm can help you find doctors, schedule appointments, find rental cars, and otherwise guide you toward getting back on your feet after a serious injury.

Can You Reopen a Settlement?

Once you settle an injury case, it is usually finished.  You typically sign paperwork releasing the defendant from any further liability as part of a settlement agreement.  Even without this, if you just accept money, it might still function as a settlement.

Settlements usually cannot be reopened to add more money later or to go back to court, so you must make sure you are happy with the settlement before accepting anything.  Always talk to a lawyer before signing anything or accepting any money.

Who Decides Fault?

In a trial, the jury decides fault.  This means they decide which facts are true, what happened, who was responsible, and how much the damages are.

If you use a bench trial, the judge takes on these responsibilities instead.  If you settle before going to trial, the settlement will usually not include a statement about who was at fault; you give up any claims about fault when you settle.

In an insurance claim, the insurance company decides fault, which is why they often decide in their favor.

What Does it Cost to Hire an Injury Lawyer?

Personal injury lawyers are typically paid a percentage of the winnings in your case.  This means we get paid nothing unless and until we win your case.

How Do I Choose a Lawyer?

Our attorneys offer free case reviews where we can discuss your case.  You can learn a bit more about our firm and how we handle cases, and you can see whether we are a good fit.  There is no obligation with a free case review, so call us today.

Contact Our Tempe Personal Injury Attorneys Today

Call (480) 428-0816 for a free case review with the personal injury lawyers at Phoenix Accident and Injury Law Firm.

A bad car accident can change your life in an instant, making you incur lots of damages you should not have to pay. We are here to help you with all the next steps after a collision, from tallying damages to advocating for their fair recovery on your behalf.

We can also obtain all the evidence you need to win your case, such as eyewitness testimony, photos, videos, and medical records. We can then organize that evidence into a compelling case that proves the defendant is more than likely liable for the crash. You may not have to go to trial if we reach a sizable settlement, which is relatively common in personal injury lawsuits.

For a free and confidential case discussion with our car accident lawyers, call the Phoenix Accident and Injury Law Firm at (480) 428-0816.

What Should Be My Next Steps After a Tempe, AZ Car Accident?

In the moments after a crash, focus on calling 911 and seeking medical attention. In the days after, focus on initiating your case with our lawyers.

Dial 911 and Get to Safety

The first thing you should worry about is your physical safety. If you can, move away from the road to avoid further injury. Then, turn your attention to informing the police. You should report any collision that results in injury, death, or significant property damage to ensure clear documentation of the event.

Seek Medical Attention

If you are injured in any way, you should go to the hospital from the accident scene. Paramedics may offer to take you; let them. Do not minimize any pain or discomfort you feel. Adrenaline might make you ignore less obvious injuries like internal bleeding, so it is always a good idea to get checked out after a serious crash.

Stay on top of your physical recovery and treatment after an accident. Attend all scheduled appointments, see any specialists as needed, and do not do anything that could worsen the injury, such as returning to work.

Initiate Your Case

Next, focus on initiating your compensation claim with our car accident lawyers. Doing this promptly is preferable so we can report the accident to the relevant insurance company, gather medical records, interview eyewitnesses, and take other important steps toward building a strong compensation claim in Arizona.

Once two years have passed since the crash, you most likely lose your chance to file a lawsuit, so do not wait.

What Evidence Can a Car Accident Lawyer Obtain for Me?

Let us worry about preserving and collecting evidence, such as witness statements, medical records, and more.

Eyewitness Statements

Interviewing eyewitnesses immediately is very important. Small but crucial details might fade from memory over time, so we must preserve statements right away. You may request names and phone numbers from witnesses at the scene before you leave to go to the hospital. Police officers may also speak with witnesses and record their statements.

The victim of the crash is also a witness, so we will also take your statement and may have you testify if the lawsuit goes to trial.

Expert Witness Statements

We can also use our experience and resources to get the appropriate expert witnesses for your case. Experts can testify about the severity and prognosis of an injury, the likely cause of an accident, and other crucial details that influence compensation.

Photos

Send us any pictures you took on your phone while at the scene. We may get additional photos from law enforcement or other eyewitnesses. Even a picture that seems useless might contain helpful information, so do not delete anything before showing us.

Medical Records

Without the evidence of injury found in medical records, the plaintiff cannot prove that they were injured, needed medical treatment, or incurred any medical damages. Our attorneys can obtain records from all providers on your behalf and present them during your case.

Video Footage

Video footage may come from security cameras, dashboard or doorbell cameras, and even smartphones. We can explore all potential sources of video footage and review it before it is deleted or overwritten.

What Can Happen if I Do Not Have a Car Accident Attorney in Tempe, AZ?

If you do not have a reliable attorney in your corner, there is a greater chance of you miscalculating your damages and making other crucial missteps that affect your compensation.

Miscalculate Damages

Seeking compensation without an experienced lawyer's help puts you at risk of miscalculating your damages. Medical bills pile up quickly and are easily misplaced, and we can carefully track all hospital visits and their cost.

We can also factor in future damages in our calculations and request relief for the economic and non-economic damages you expect to incur.

Miss the Statute of Limitations

You are also at risk of missing the statute of limitations if you do not have a skilled car accident lawyer in your corner after a collision. In general, you have two years from the accident to file your case. Arizona provides several exceptions to this rule, and we can check whether any apply to extend your filing deadline.

Settling Too Quickly

Our attorneys can advocate for your full and fair recovery, stopping you from settling the case too quickly. Settlement offers from the defense generally improve over time, so accepting one of the first few offers could make you miss out on too much compensation.

Fail to Prove Fault

We know what it takes to meet the standard of proof in a car accident lawsuit and hold a defendant liable. Without our car accident lawyers, you might lack the evidence needed to prove fault and convince the jury that you deserve compensation for all medical expenses, lost wages, and non-economic damages.

What Can My Lawyer Do to Settle My Car Accident Case?

There is much we can do to settle your car accident case out of court so you can avoid a trial and get compensation sooner.

Know the Claim's Value

To settle your lawsuit fairly, we must know the claim's value. This requires us to carefully track all economic and non-economic losses, as well as the bills and other evidence that prove them.

Reject Unfair Offers

When we know the claim's value, we can better identify and reject bad settlement offers. Accepting a bad offer and signing the agreement ends your case, and you cannot seek additional compensation later.

Leverage Evidence

We can also leverage some of our strongest evidence during settlement negotiations so the defense understands their chance at trial. Eyewitness statements are good leverage, as is video footage and photographic evidence. Rather than go to court and face public liability, the defense may agree to settle for a large sum without a trial.

Tempe, AZ Car Accident Lawyer FAQs

Is Getting a Lawyer After a Car Accident Worth It?

Getting a lawyer after a car accident is typically worth it if you are injured, were not at fault, and need any compensation for medical expenses, property damage, or other damages.

How Soon Should You Hire a Lawyer After a Car Accident in Tempe, AZ?

You should contact us about your case immediately after an accident, as waiting can cause evidence to be lost or degraded, especially video footage and eyewitness statements.

Do You Need Photos for a Car Accident Lawsuit?

Photos are key evidence and can help us reconstruct the collision. Use your phone or another device to take many pictures after the crash, and do not delete any before sending them to us.

Who Gets Eyewitness Statements for a Car Accident Lawsuit?

We can contact and interview eyewitnesses to preserve their statements about an accident. You may talk to witnesses at the scene and request their contact information, which we may also learn from the police report.

Can Your Lawyer Get Medical Records After a Car Accident?

With your consent, we can retrieve all medical records from the hospital, specialists, and other physicians to prove your injuries and damages. Tell us where you were treated so we can obtain these documents.

Can Your Lawyer Reconstruct a Car Accident in Tempe, AZ?

We can use photos, videos, property damage, eyewitness statements, and accident reports to reconstruct collisions and show the jury what most likely happened.

What Economic Damages Can Your Lawyer Track After a Car Accident?

Our attorneys can track all the following economic damages and more after a car crash in Tempe:

• Hospital bills
• Ongoing care costs
• Property damage
• Lost wages

What Non-Economic Damages Can Your Lawyer Track After a Car Accident?

We will also tally non-economic damages by learning everything we can about the pain and suffering you have endured since the accident. Physical pain, emotional distress, mental suffering, and other intangible damages are recoverable.

Who Decides if a Car Accident Case Goes to Trial in Tempe, AZ?

If either party does not wish to settle the car accident lawsuit, it goes to trial. We will help you decide whether or not to accept a settlement or go to court based on the claim's value and strength.

What Does Your Car Accident Lawyer Have to Prove?

When car accident lawsuits go to court, our lawyers must prove by a "preponderance of the evidence" that it is more likely than not that the defendant bears liability. We must prove they owed you a duty of care, they breached their duty, their breach of duty injured you, and you suffered damages.

Do You Have to Testify to Get Pain and Suffering?

Plaintiffs do not always have to testify to recover damages for their pain and suffering. However, speaking to the jury directly may make them more sympathetic to your intangible losses.

Can You Sue for Your Car Accident Injuries?

Do not downplay your injuries or think they are too insignificant to sue for, especially if you have incurred any medical expenses or other damages because of someone else's negligence.

What is the Statute of Limitations for Arizona Car Accident Claims?

The personal injury statute of limitations for car accident claims in Tempe is two years, according to A.R.S. § 12-542. In general, the clock begins to count down on the accident's date.

Does Arizona Limit Damages for Car Accident Victims?

Arizona's state constitution prohibits caps on damages in personal injury claims, meaning you can seek full compensation for all losses, no matter how great.

How Long Do Car Accident Cases Take?

Some car accident lawsuits are resolved via settlement within a matter of weeks or months. In contrast, others take much longer and may even go to trial. All cases are unique, and we can assess yours to estimate how long it may be before you get the compensation you seek.

Call Our Attorneys for Help After a Tempe, AZ Car Accident

Contact the Phoenix Accident and Injury Law Firm's car accident lawyers for a free case evaluation by calling us today at (480) 428-0816.