Arizona Car Accident Lawsuit
How Do I Know if I Should File a Lawsuit?
Filing a lawsuit over a car accident is a big deal. It’s not a decision to take lightly. On the other hand, you shouldn’t feel so intimidated by the prospect that you don’t seek the justice you deserve. Arizona does not restrict lawsuits over car accidents so that you can sue whomever you feel is responsible and liable for your damages.
The best person to advise you on filing a lawsuit is a car accident lawyer. You should be able to find reputable, experienced lawyers and firms who can look over your case for free and determine if you have a strong case. Some reasons to file suit after an accident include:
- The accident has left you with serious injuries.
- Some of your injuries may be permanent, debilitating, or disfiguring.
- The injuries impact your ability to work or earn as much as you did before the accident.
- You have been unable to get a fair amount of compensation through an insurance claim.
- A family member died in the accident.
What Are the Steps in an Arizona Car Accident Lawsuit?
If you hope to file a lawsuit, it helps to know what to expect. Your lawyer will prepare you and do most of the work, but be aware of how a lawsuit proceeds before you begin:
- Hiring the right lawyer
While having a lawyer is not a strict requirement for filing a lawsuit, it is strongly recommended. Without an experienced car accident lawyer, your chances of a good outcome are much smaller. - Filing a complaint
Once you have representation, your lawyer will officially begin the lawsuit by filing a complaint. This goes to the court and notifies the defendants of the suit against them. - Building a case
The complaint starts the lawsuit, but both sides then have time to build their case. Your lawyer will continue to investigate the accident, gather evidence, and talk to experts and witnesses to prove negligence. - Negotiating before trial
Many cases end here when a lawyer can get their client a fair settlement without going to trial. It may benefit you for being a faster way to get compensation, but if you don’t get an offer you like, you can go to trial. - Litigating in court
If your case goes to court, your lawyer presents the evidence to a jury. The jury will decide if the defendants are negligent and if they are liable for your damages. They can award a damages amount they feel is fair, but the judge can also change the amount.
You may also face an appeal after a jury award. The defendants can appeal the decision and ask a judge in a higher Arizona court to overturn it. This delays your ability to collect compensation.
What is the Statute of Limitations in Arizona?
The statute of limitations in Arizona is two years for personal injury lawsuits. This rule gives you two years from when the accident occurred to file a lawsuit. It’s important to talk to a lawyer as soon as you can.
How Can I Help My Lawyer Prove My Case?
Your lawyer needs to prove that the defendant caused your accident through negligent behavior, such as driving while distracted or by running a red light. They also have to show that the accident caused your injuries and resulting expenses.
To help your lawyer prove this, be honest, answer all their questions, and provide everything they ask you for:
- Your medical bills
- Medical reports regarding your injuries
- Any evidence from the accident scene, such as photos or videos
- Contact information for anyone you know was present or involved
- Insurance information
- Police reports
- Information about your work and income and how injuries affect your ability to work
- Your emotional experience and how the accident has affected you
How Much Can I Recover in Damages from My Lawsuit?
No one can answer this question exactly, not even your lawyer. They are the best person to provide a reasonable estimate based on the unique factors in your case. For instance, your lawyer will estimate and seek a compensation amount based on:
- The severity and type of your injuries
- How the injuries affect your day-to-day life and ability to work
- Earnings you’ve lost from being unable to go to work
- Whether or not your injuries are expected to be permanent or debilitating
- Your emotional and physical pain and suffering from the accident and injuries
- Whether you lost a loved one in the accident
Examples of Arizona Personal Injury Lawsuits
While your lawyer can estimate your damages amount and the outcome of your case, there are no guarantees. There is always a risk you’ll be wasting your time with a lawsuit. However, there are endless reasons to file and many good outcomes, as you can see from these examples from around the state:
- In Arizona, the attorney general, Mark Brnovich, secured a $5 million settlement with Honda in 2020 over two deaths in the state related to faulty airbags. The defective Takata airbags have been recalled but not before two people in Arizona died in crashes in which the bags failed to protect them. A portion of the settlement goes to restitution for consumers, while the rest goes to incentives for residents to get their airbags changed.[1]
- A self-driving Uber vehicle struck and killed Elaine Herzberg as she walked her bike across a street in Tempe in 2018. Video footage from inside the car showed that the human safety driver had not been paying attention when the accident occurred. Uber Technologies settled with the family of Herzberg for an undisclosed amount.[2]
- Twelve-year-old Isaiah McGinnis died in the hospital after being struck by a truck crossing the street in Peoria on his way home from school. Although it hasn’t yet been resolved, his family has filed a $15 million lawsuit against Peoria Unified School District, the Maricopa County Department of Transportation, and the Arizona Department of Transportation. They allege that the crosswalks are unsafe and do not include adequate warnings of children in the area.[3]
These cases and others from Arizona show what is possible when filing a lawsuit over a car accident. The stakes are high, so rely on an expert. An experienced car accident lawyer is the right person to advise you, take on your case, and represent you in negotiations and in court.