Get yourself medical attention – evaluation and treatment
To begin with, the most critical aspect to do right after an auto accident is to ensure that you are medically safe. You may feel fine, but there could be injuries which you have not realized due the initial trauma or possible internal injuries which may not be visible. This is why the first thing is to ensure that you receive medical attention. Even if you feel alright, there is no harm in getting yourself checked out.
It is vital that you do this!
Collect as much evidence as possible
Gathering evidence is imperative because if in the near future the accident case escalates to litigation you will need all the possible evidence to support your claim. Right after a car accident, while you are at the accident site, there is an abundance of evidence available. Now this step is even easier considering you will most likely be carrying your smart phone.
- Use your phone to take pictures of the car accident site, the debris and all the registration plates of the vehicles involved. Note the details of all persons involved in the accident, such as, full names, address, and contact numbers. Put that outstanding and cutting edge smart phone to use! Now that phone can really pay for itself.
- Furthermore, if anyone is willing to testify, you can use the voice recorded application on your phone or just the video camera to record the testimony.
- Another necessary piece of evidence you should collect is the names and badge numbers of all the responding law enforcement officers who responded to your call.
Contact your insurance company to report the accident
It is vital you do this without delay because your insurance company then cannot deny your claim on the basis that you failed to report the accident in time within their deadline.
Talk to one of our fantastic legal representatives
This step may be listed last, but it is most certainly the most important step of all. The fact is that you need the best legal representation possible if you intend to win your civil lawsuit and receive compensation for all the losses you incurred and the pain and suffering. You will not overcome this situation inadvertently. You need to make the right decisions and to take initiative.
Remember that accident laws are complex. Talk to one of our outstanding legal pros as soon as possible to evaluate your claim and make. Our attorney will do everything possible to safeguard your rights and get you the compensation you deserve from every party that may be liable for the harm you have endured.
You can find them using our interactive map on USAttorneys.com. Any questions? Contact us using our contact form and we will get back to you.
Does an accident in Arizona have to be catastrophic before an attorney can help?
Attorneys in Arizona offer a valuable skillset to accident victims suffering injury and property damage. Lawyers are familiar with an insurance company’s desire to close out claims quickly, but will first work to prove negligence, so that fault can be assigned and the valuation of injuries are assessed to support final negotiations of comprehensive awards for victims. Accidents do not need to be catastrophic to utilize the expertise of an attorney who will build a legal case by:
- Sending investigators to the accident scene
- Reviewing police reports, witness testimony and medical reports
- Determining the cause of the accident
- Supporting victim’s rights against aggressive insurance companies
- Drafting and filing complicated insurance and legal documents
Accidents are unplanned detrimental events that lead to injury, or long term disability and have caused an average of 3 to 4,000 annual deaths between 2007 and 2017 in Arizona. The harm, injury, damage, loss, or wrongful death casualty is often a result of someone else’s actions, or negligence. Arizona law provides for the compensation, or indemnity of all types of accidents, including auto and motorcycle, personal injury, premises liability, medical malpractice, and worker’s on-the-job injuries. A victim can pursue legal action for economic, and non-economic compensation to cover losses directly resulting from an accident in Arizona.
Motor vehicle.
Under Arizona’s comparative negligence laws, an injured party is allowed to recover damages even if they are 99% at fault, but fault must be proven and compensation for the damages from the injury may be adjusted in accordance with the fault assigned to each party. When a pedestrian, cyclist, or driver of any type of motor vehicle is injured by a negligent driver in Arizona, they have a right to pursue compensation for their losses.
Negligent acts that include speeding, distracted driving, or drunk driving may have a criminal component that will have to be addressed first, but may strengthen the proceedings for the civil action. A lawyer’s involvement may speed this process along, and compensation will vary depending on insurance coverages and degrees of fault assigned to each driver. There is a two year time period to file a suit after an accident in Arizona, referred to as the statute of limitations.
Personal injury.
In personal injury cases, negligence will need to be proven if a victim is trying to recover damages from another person, or entity they believe acted, or failed to act, resulting in their injury. The recovery of damages rests on proof that the other individual, or entity was the cause of the injury and owed a duty of care to the victim.
Premises liability.
Premises liability accidents encompass injuries that happen on another’s property and may be covered under homeowners’ insurance. If the injury is a result of poor conditions on the property, improper maintenance, or upkeep, or involves interactions with occupants and animals on the premises, the property owner’s responsibility to provide a duty of care will need to be proven based on the reason they are on the premises. An invitee is owed a duty of care, but a trespasser may not be owed that same duty.
Medical malpractice.
Medical malpractice occurs when an individual is injured while under the care of a health care provider. Arizona does not place a cap on the amount of damages recoverable in a medical malpractice action. Article 2, § 31 of the Arizona Constitution prohibits the enactment of any law limiting the damages recovered for personal injury, or death. The statute of limitations is two years from the date of injury, or knowledge of the date of injury, to file a suit, with some exceptions.
Workers’ compensation.
Workplace injuries often result in serious economic hardship for the worker and their family because of the loss of income, unexpected medical bills, interruptions to daily routines and physical pain, and/or resultant disabilities. Worker’s compensation is in place to support injured workers and a skilled attorney may be of assistance in filing a claim with the Arizona Department of Labor. Injuries may be caused by an accident, or event that results in physical injury, a medical condition that develops over time caused by repetitious use of a body part, or a condition associated with the workplace environment itself. Accurate records of injuries, medical treatment and worker’s salary will be necessary for this type of action.
Wrongful death.
A wrongful death legal action is a particular type of lawsuit that is brought by loved ones of someone who dies because of the negligent, reckless, or deliberate act of someone. Damages in these lawsuits can include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for the pain and suffering
- Punitive damages that are intended to punish the person who caused the death.
What can a victim recover from property damage and accident injuries in Arizona?
Compensatory damages are meant to restore an individual back to the state they were in prior to the accident and include an award of money to compensate for actual economic losses, based on property damage, and/or injury. Total awards can include:
- Economic damages include present and future loss of earnings, medical bills, future medical care, household expenses and
- Non-economic damages include pain and suffering, mental anguish and loss of consortium or companionship.
Punitive damages.
Arizona law makes it very difficult to sue for punitive damages, that are meant to deter future similar acts. This difficulty comes from the lack of guidance in the laws on the books, coupled with restrictive state court rulings that have allowed for punitive damages only when an individual’s actions are found to be intentional, egregious, and harmful.
Legal action after an accident.
An Arizona accident victim can take steps to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, or against an insurance company’s legal team yielding a swift and fair monetary settlement.
