If you sustain a personal injury due to the actions of another individual, such as a car accident, slip and fall incident, or other personal injury situation, Arizona residents can get help to alleviate the financial stress such an injury can cause. By filing a personal injury claim, an Arizona resident can get help to pay for accident-related medical bills, recover lost wages due to time missed from work, and obtain compensation for pain and suffering, allowing you to get back on your feet financially after the accident.
Statute of Limitations in Arizona
Almost all personal injury claims are subject to a statute of limitations. States set a limit in regards to the amount of time one has to file a personal injury claim starting with the date the injury occurred. Arizona is no exception to this rule. The statute of limitations for personal injury claims in Arizona is two years.
Motor Vehicle Insurance in Arizona
The State of Arizona requires mandatory automobile insurance or proof of financial responsibility. The insurance coverage covers the costs if a driver is at fault for an accident that injures another individual. The minimum insurance coverage allowed by Arizona law is as follows:
- $15,000 per person for bodily injury liability
- $30,000 per accident when more than one person suffers injuries, and
- $10,000 for property damage.
In lieu of carrying automobile insurance, drivers can opt to comply with the state’s “financial responsibility” requirement by self-insuring and purchasing a bond totaling a minimum of $40,000 and presenting proof of said bond to the DMV.
Who Is At Fault for an Accident in Arizona?
Arizona is an “at fault” state when it comes to auto insurance and personal injury claims. This means that the state operates under the tort system, in which you have the right to sue someone for compensation for any injury or loss that results from an automobile accident. This means that you can file a claim with your own insurance company, the at-fault individual’s insurance company, or file a personal injury lawsuit in a court of law to seek damages from the at-fault party.
Arizona does however use what is known as comparative negligence when determining fault. What this means is that the amount of damages you are eligible to receive is decreased by the percent you are at fault. For example, if you were injured in an auto accident which resulted in $10,000 worth of damage, but you were 25% at fault, the most you could be awarded would be $7,500.
A Previous Arizona Personal Injury Case
An Arizona Personal injury law firm represented a surveyor who was struck by a State-owned van while he was working in a busy street. The victim was crossing the street, walking between traffic stopped for a stoplight, when he stepped into the center turn lane and was hit. The victim sustained a head injury resulting in a mild traumatic brain injury (TBI). Accident reconstruction, medical, and labor market experts were utilized by each side of the lawsuit. The State of Arizona ended up paying the victim $250,000.00 for damages.
Damage Caps in Arizona
As a general rule Arizona does not put limits on the amount of damages one can recover in court for personal injury cases.
Filing a Personal Injury Claim in Arizona
If you have suffered a personal injury due to the actions of another individual you should consult with an Arizona personal injury attorney to discuss how to recover any losses you may have incurred. Your Arizona personal injury attorney can take your case to court before a judge and jury, work with you to help establish fault, and assist you in understanding exactly what damages you should seek compensation for. Your attorney can also help you understand the monetary amount of any damages to which you may be entitled.
