Gilbert Car Accident Lawyers

A traffic collision may have profound effects on your life, leading to physical injuries, emotional trauma, and financial hardship. The injuries sustained may require extensive treatment, rehabilitation, and potentially long-term care, all of which may result in high medical costs. Additionally, you may face wage loss if your injuries temporarily or permanently prevent you from working, further straining your finances. Seeking compensation from the at-fault party for injuries and losses is important to ensure you can recover from the incident.

If you were injured in a recent motor vehicle collision, you need an experienced Gilbert auto accident attorney on your side to protect your rights.

How is the Value of an Injury Claim for a Crash Determined?

Many people may question the value of their bodily injury claim following a car wreck. The value of the case will depend on factors such as the severity of the impact to the involved vehicles, type and extent of crash-related injuries, available insurance coverage, whether liability is unclear or disputed, and other relevant considerations.

How is Liability Determined in a Motor Vehicle Collision?

Proving negligence involves a comprehensive process that includes collecting and preserving evidence from the crash site, obtaining notarized eyewitness statements, acquiring surveillance footage of the incident, and consulting with expert witnesses, such as crash reconstruction specialists. At Southwest Injury Law, we have the necessary resources to investigate your Gilbert car accident case and help you build the strongest case possible. Our legal team is committed to ensuring that every aspect of the case is carefully examined.

How Partial Fault Can Affect an Injury Claim

Under Arizona’s comparative fault law, an injured party may still file a bodily injury claim for a motor vehicle collision even if they share partial blame for a crash. Keep in mind that the total compensation will be adjusted based on the percentage of fault that is assigned to the injured person for the accident. For instance, if an injured party is assigned 30 percent fault for a traffic collision, their total award would be reduced by 30 percent accordingly. To learn more about comparative fault, contact an experienced auto accident attorney near you.

How Much Car Insurance Do You Need in Arizona?

In Arizona, all drivers are required to have liability insurance, which covers injuries and losses if they cause a traffic collision. The minimum coverage for Arizona drivers includes:

• $25,000 for bodily injury, covering injury or death to one person in a crash
• $50,000 for bodily injury, which is the total amount available for multiple people injured or killed in the same wreck
• $15,000 for property damage resulting from the incident

Due to the large number of drivers in Arizona who have state minimum coverage or no auto insurance, it is important to carry uninsured and underinsured motorist protection.

Recoverable Damages in a Bodily Injury Claim for a Crash

In a personal injury claim, damages can be categorized into economic and non-economic. Economic damages cover tangible costs and non-economic damages address intangible harms. Examples of recoverable damages for a Gilbert car accident case include:

• Medical Expenses: Compensation may cover both past and future medical costs related to the injury. This may involve ongoing treatment or future care, determined with medical records and the testimonies of expert witnesses.
• Lost Wages: If the crash causes missed work, compensation may cover lost income, including bonuses and benefits. If the injury causes permanent disability and affects future earning potential, these losses may also be accounted for.
• Pain and Suffering: This covers both psychological trauma and physical pain caused by the car wreck. To claim damages for pain and suffering, evidence such as trauma counseling and medical expert testimony for conditions such as PTSD may be required to build a strong case.
• Loss of Consortium: Compensation for loss of consortium may be recovered if the traffic collision causes an injury that impacts a marital relationship. In cases involving partial or complete paralysis, the inability to conceive children may fall under loss of consortium damages.

Learn more by contacting our legal team at Southwest Injury Law for a free case evaluation. Feel free to give us a call or fill out an online contact form to get started today.

Common Insurance Defense Tactics in Injury Cases

Insurance companies may use various defense tactics to dispute the value of a personal injury claim or deny it, such as:

• Holding onto the claim until the statute of limitations runs out, preventing the claimant from filing a lawsuit to protect the statute
• Creating obstacles like long hold times or phone tag to hinder the claimant from receiving the necessary compensation
• Delaying the claims process to pressure the injured party into giving up or accepting a low settlement offer
• Arguing that the lack of immediate treatment means that there is no evidence linking the injury to the incident
• Delaying their acceptance or providing incorrect forms to complicate the claims process

Insurance carriers operate with the goal of making a profit, and that may unfortunately come at the cost of injured parties like you. Level the playing field by hiring a skilled lawyer to represent you.

What is the Statute of Limitations for Personal Injury in AZ?

The statute of limitations is a legal timeframe within which a plaintiff must file a lawsuit. For personal injury claims in Arizona, a lawsuit must be filed in court within two years of the incident date. Cases involving government entities are subject to different time limits due to specific procedural and filing requirements. In these cases, the statute of limitations is six months to file a notice of claim. It is important for an injured party to be aware of the deadlines that apply to their Gilbert car accident case to ensure it is filed properly and on time.

What Happens if the Accident Claim is Not Settled?

Many personal injury cases are resolved through negotiations with the insurer representing the at-fault party. However, there are situations where the insurance carrier may be uncooperative and offer inadequate compensation to the injured party. In such situations, it is important to work with an experienced attorney who is prepared to file the case in civil court to protect the statute of limitations and litigate the matter to secure the maximum compensation their client deserves. You can expect that when you work with our legal team at Southwest Injury Law.

Is it Expensive to Hire an Injury Attorney?

Our Gilbert car accident lawyers operate on a contingency fee basis, meaning clients do not pay any fees if and until we successfully resolve their case. Attorney’s fees are typically deducted from the settlement received from the insurance company or from a court-ordered award if the case goes to trial. It is important to note that attorney’s fees may increase for cases that require arbitration, mediation, or trial. Working with an attorney that operates on contingency reduces your financial risk and allows you to focus on your recovery after a motor vehicle collision.

Consult With a Gilbert Car Accident Lawyer Today

If you or a family member was injured in a recent car wreck, do not wait to seek the legal assistance you need. Your path to recovery starts with taking the first step – contacting a knowledgeable personal injury lawyer to learn about your rights and options. Learn about your options for recovery by speaking with a Gilbert auto accident attorney. Call our law firm for a free consultation at (602) 777-3300. We represent clients in motor vehicle collision cases throughout Arizona, including Maricopa County.