How are damages calculated and pursued after an accident in Yuma Arizona?
Personal injury caused by a negligent party can be remedied through compensation for damages in a legal claim against that. Talk to a lawyer to explore options and a direction.
Legal claim.
If a person is injured because of someone else’s actions at work, at a public place, in a car accident, or in someone’s home, there are actions to take to counter the negative effects to future income and quality of life by suing for damages. If another party’s negligent acts can be proven to be the cause of an injury, it is wise to make a claim to cover expenses above the insurance settlement amounts paid out for car accidents, worker’s compensation, or premise liability claims. This is done by building a case against the other party to secure compensation for any negative changes to a person’s life resulting from the accident, including loss of current and future income, medical bills, pain and suffering and wrongful death claims.
Compensation of damages.
There are no caps or damages for personal injury accident claims in the State of Arizona, which means there is a high probability that an accident victim could receive damages that exceed amounts covered by insurance. Compensation is requested to cover both economic and non-economic losses, such as lost wages, medical bills, legal fees and costs of property replacement as well as pain and suffering. In some cases, additional punitive damages are awarded as an additional punishment to the person being sued.
If you think insurers are not paying you what your claim is actually worth, it may be a good time to consult with a Yuma Arizona accident attorney.
The expenses that include costs of medical bills and lost wages from work are simply calculated in a claim for damages. Compensation estimates for pain, scarring, emotional harm, or short and long term psychological and physical limitations are not as easy to calculate and a sum must be decided upon by lawyers, insurance companies and juries who must consider what is a fair and reasonable amount of money based on a compilation of evidence provided to the court comparing the victim’s life before the accident to the limitations imposed on that life after the accident.
Timely bill payment.
In the interests of timely payment or treatment by health care providers or other professionals it may be wise to submit bills through a victim’s own health insurance to ensure prompt payment. In the case where the person who caused the accident does not have insurance at all, or in an amount that is not large enough to cover the accident bills, a lawyer will have to advise a victim on how to prove fault to secure a judgment from the person causing the injury.
Limited time to file a legal claim.
In the State of Arizona you have two years to file a legal claim unless the accident occurred at your job or at a government agency when deadlines can be shortened to six months.
Comparative fault.
Under Arizona’s comparative fault laws, an injured party is allowed to recover even if he or she is 99% at fault. The compensation for the damages from the injury may be adjusted based on what percentage of fault each party is assigned regarding the circumstances of the accident. This is often the part where legal representation can make a positive impact.
Seek experienced legal counsel.
If you have hire an experienced legal professional at the Law Offices of Schneider & Onofry to file a personal injury claim and/or talk with the insurance company on your behalf, it may yield swifter results with a higher dollar amount, and you will not have to spend time dealing with paperwork and irritation while you are trying to heal from your injuries.
Schneider & Onofry, P.C.
6024 E. 32nd St.
Yuma, AZ 85365
Phone: 928-257-4887
Fax: 928-271-5802
Sources:
https://law.justia.com/codes/arizona/2015/title-12/section-12-2501/
https://www.azleg.gov/ars/12/00542.htm
