Arizona Personal Injury Lawsuit
Important Signs You Should File an Arizona Personal Injury Lawsuit
In the aftermath of an accident or incident that caused you harm and left you with major expenses, you may be unsure what to do about it. A personal injury lawyer practicing in the state is best situated to provide advice. They can clarify the laws, your options, and your likely outcome of filing a lawsuit.
If you’re hesitant to reach out and talk to a lawyer about suing someone over a personal injury, consider these signs that a lawsuit may be your best option:
- You suffered significant harm in an incident that should have been prevented. You feel certain someone else’s mistake or poor choices caused your injuries.
- The injuries or harm you suffered have cost you a lot of money. In most personal injury cases, the costs result from medical bills and ongoing care needs.
- Your injuries prevent you from returning to work right away or at all. You may not be able to return to the same job or earn as much as you once did.
- You now have to live with a permanent disability or disfigurement.
- The incident was traumatizing, causing you significant distress and emotional and physical suffering.
What Steps Are Involved in an Arizona Personal Injury Lawsuit?
Going forward with a lawsuit can feel overwhelming. Let a lawyer explain the process and take the lead, but also make sure you have a basic understanding of what will happen:
- Filing the complaint
The first official step, after consulting with your lawyer, is to file a complaint. This document describes your allegations, notifies the defendants, and makes the lawsuit official in the court system. - Discovery and building a case
The complaint filing begins a period of time called discover. This gives each side time to build a case. Your lawyer will continue investigating the situation. They will collect evidence, talk to witnesses and experts, and hold depositions. - Negotiating a settlement
The defendants will most likely be willing to enter into negotiations for a settlement. A trial is risky for defendants because juries tend to award higher amounts than settlements. Your lawyer will negotiate on your behalf, but you have the final say in accepting an amount. - Going to trial
If negotiations fail, you can take the defendants to court. Here your lawyer will argue your case in front of a jury, presenting evidence and testimony to show the defendants were negligent and are liable for your expenses. Arizona does not cap damages amounts, so you can work with your lawyer to seek any amount you feel is fair. - Collecting compensation
Even if you get a verdict with an award, you may still need to take steps to get your compensation. Your lawyer will fight an appeal, for instance, in the event the defendants want to go to a higher court to get the verdict overturned.
Is There a Time Limit on Filing a Personal Injury Lawsuit in Arizona?
The statute of limitations for a personal injury lawsuit is two years in Arizona. This is a time limit for filing. It means that you have two years, either from when the incident occurred or when you reasonably discovered the incident caused injuries and damages.
What Will My Lawyer Need to Prove Negligence and Liability?
To help you recover damages, your lawyer must show the defendants were negligent in causing your injuries and liable for your resulting expenses. In general, this means proving that the defendant acted in a way considered to be unreasonable or unacceptable, such as texting while driving.
That unreasonable action or inaction must have directly caused the accident and your injuries. Finally, you must show that the injuries resulted in significant damages. The damages may be actual costs, like medical bills, but also intangible costs, such as pain.
What Can I Expect in Damages?
Your lawyer can provide you with a reasonable estimate of what you can seek and hope to get in damages. They cannot guarantee you a certain amount.
Damages are based on several factors:
- The extent of your injuries
- Your medical bills
- Estimated future medical costs, including long-term care for disabilities
- Lost wages
- Lost ability to earn in the future
- Disfigurement or permanent disability
- Physical pain, emotional suffering, and damage to personal relationships
Arizona’s Supreme Court found that capping non-economic damages is unconstitutional. This means you can seek as much as you feel is fair to compensate for things like pain and suffering.
Examples of Arizona Personal Injury Lawsuits
No two personal injury lawsuits are the same, but it can help to see examples from the state. These give you an idea of what people sue over, what they seek in damages, and how lawsuits end. You can’t predict exactly what will happen in your case, but look at these suits to see what might be possible:
- $1.1 Million for Toxic Gas Exposure. In 2021, a judge in Arizona awarded Ahmad Alsadi and his wife Youssra Lahlou damages after exposure to hydrogen sulfide gas. Alsadi worked at an Intel factor when the exposure occurred. He suffered significant and lasting injuries from the exposure. Lahlou received compensation for loss of consortium.[1]
- $1.75 Million for Vehicle Accident. The plaintiff in this case suffered severe injuries after being rear-ended by a commercial vehicle in Arizona. The collision propelled her car into a Phoenix city bus. This second collision resulted in crush injuries in her legs. She required emergency surgery and had her leg amputated. The driver of the commercial vehicle was found to have fallen asleep at the wheel.[2]
These are just a couple of examples of terrible incidents in Arizona that resulted in personal injury lawsuits. The victims received fair compensation because of their willingness to take legal action and their diligent lawyers. If you suffered harm in an accident, contact an Arizona personal injury lawyer.