Personal injury is a broad area of law that encompasses any claim that involves a personal injury or wrongful death. While the general ideas about personal injury law are basically the state amongst the states, but specific aspects of personal injury vary from state to state. If you live in Arizona and you feel you may have a personal injury claim, please contact an Arizona personal injury lawyer as soon as possible to find out if you do, indeed, have a case.
Statute of limitations
In most states, there are time limits for filing a personal injury lawsuit called a statute of limitation. In Arizona, the statute of limitations for most personal injury cases is two years.
You may be entitled to compensation for your losses including:
- Past and future medical bills
- Lost wages
- Lost earning capacity
- Property damage
- Permanent disability
- Permanent disfigurement
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- Other costs that were a direct result of your injury
In Arizona, as in many other states, most personal injury cases require that the plaintiff prove negligence in order to prove fault. Negligence means that the person at fault failed to use what is referred to as "reasonable care." The negligence then resulted in injury or injuries. To prove negligence, these four elements must be present:
- The person who caused your injuries owed you a duty
- The person failed to uphold that duty
- That failure caused your injuries
- You suffered damages
Arizona adheres to pure comparative negligence, which means if you were partly responsible for your injuries, you may still receive compensation, but it will be reduced by the portion for which you were responsible. If you were 30% responsible for your injuries, you can only recover 70% of the damages. But, on the other hand, if you were 95% responsible for your own accident, you can still recover 5% of the damages.
In some personal injury cases, there are two or more parties that are responsible for the injury. In Arizona, when this is the case, then several liability applies, and each responsible party is responsible for their share of the damages and only their share. Compensation must be collected individually from each responsible party, and no party is responsible for another party's payment.
If you live in Arizona and feel you may have a valid personal injury or wrongful death claim, please contact a personal injury lawyer in Arizona today to schedule a confidential consultation.