Car Accidents and Injuries: Are You Entitled to an Injury Claim?

Car accidents are relatively common in Phoenix, as they are in many metropolitan areas with significant populations and high traffic volumes. The city is known for its large and expanding road network, including several major highways like Interstate 10, Interstate 17, and Loop 101. But sadly, data compiled by the Arizona Department of Transportation shows that thousands of fatalities occur yearly due to vehicular accidents. Although the root cause varies, the loss of life has steadily climbed every year as cars become omnipresent in our environment.

It’s worth noting that efforts are being made to enhance traffic safety and reduce the number of accidents in the city. These efforts include efficient law enforcement, public awareness campaigns, improvements in road design, and ongoing evaluation and analysis of accident data to identify areas for improvement. However, accidents will continue as long as cars are a part of life. The recourse for victims is to seek restitution for injuries. Doing so requires an understanding of the law and hiring competent legal aid. If you or a loved one was injured on the road, consult a car accident attorney in Phoenix, AZ, to help you seek the settlement you deserve. This blog post will broadly explore the factors determining whether or not you are entitled to an injury claim following a car accident.

Determining Negligence

The first step in filing an injury claim after a car accident is determining whether or not negligence was involved. Negligence is defined as failing to act with reasonable care. It could mean driving recklessly, driving under the influence of drugs or alcohol, speeding excessively, or any other behavior that endangered others on the road. If an investigation reveals that another driver was negligent in their actions leading up to the accident, they may be liable for your injuries.

Damages

The next step is determining whether or not you sustained damages due to the car accident. Damages are any losses due to personal injury or property damage resulting from an accident caused by another person’s negligence.

If you experience physical trauma such as broken bones, cuts, and brain injuries, among others resulting from a car crash caused by another person’s carelessness, these fall under bodily injury damage.

Meanwhile, pain and suffering fall under non-economic injuries. This category also includes things like emotional distress and inconvenience alongside lost wages, including future ones due to complications emanating from partial/permanent disabilities.

It is best practice to take pictures at the scene (of both cars’ positions) and keep records with attending hospital/doctor notes description on initial premise entering hospitals, etc., so potential evidence can’t disappear over time. It helps in proving your case when it comes up later.

Filing a Claim

Once negligence has been established and damages determined, the next step is to file a claim with an insurance company. This involves contacting your car insurance company and informing them about the accident. Depending on who was determined to be at fault, your insurance company or the other driver’s insurance company will be responsible for compensating for your injuries.

Enlisting a personal injury lawyer may benefit you when filing an injury claim over a car accident caused by another party. They can advise you on the best action to seek compensation, communicate with insurers, and negotiate appropriate settlement amounts.

Compensation

When filing an auto accident claim, several damage claims may emerge depending on what transpired at the scene. These include:

• Medical expenses for appointments related to recovery leading after sustaining special treatment.
• Lost wages due to absenteeism from work since the time taken out of work could result in remunerations lost over that period.
• Compensation for repair/replacement costs applies if any or both vehicles are privately owned. The cost factor connotes repairing or replacing items such as cars, damaged windscreens, and bumper lights.
• Pain and suffering claim: Essentially dealt within the non-economic damages category. This help facilitates compensating victims regarding distress resulting from traumatic experiences occasioned by the sustenance of physical/emotional/psychological pains (anxiety loss vs life quality).

Bear in mind that not all states allow plaintiffs seeking pain and suffering compensation under their laws; some states restrict claiming damages through no-fault laws stipulating structured limits due to policy restrictions.

The Takeaway

An attorney is adept at handling such cases and has developed their experience evaluating potential negatives besides possible drawbacks or challenges arising during lawsuit duration. Your attorney can help you determine if the statute of limitations for your case has expired and also accurately assess probable compensation due to you as a result of sustained injuries.

Ensure that you act swiftly since lengthy waiting periods could reduce the chances insurance firms accept claim amounts or reject reasonable claims altogether, meaning proceedings leading to extra costs on your end.