Car accident compensation can be the driver’s typical first thought after he or she has been involved in a car accident. In Arizona, automobile accident laws are among the most favorable for drivers in the country. Naturally, if you were not at fault, your chance of success is even greater. If you are at fault and you don’t know how to calculate car accident settlements, it’s much better to ask a car accident attorney on how you should proceed.
Arizona’s Tort or “At Fault” Insurance Claim System
When you are a victim in an accident in Arizona, like many states with a tort or “at fault” system, you must show fault on the part of the other driver. When you can prove this, you are likely to successfully collect on insurance claims or win in a court case.
The claims drivers seek are critically important because it is common for unseen medical issues resulting from an accident to crop up months, or even years later. Car insurance companies seek to pay as little as possible for car accident claims. Drivers, on the other hand, especially if the accident is serious, must seek to win as much as possible to assure they are compensated fairly for damages that were not his or her fault.
However, as in many conflicts in life, fault is a relative matter. This means the other driver may be mostly at fault however, the other side may argue that YOU are partially at fault. In Arizona, there is a jurisdiction that throws a wrench into a black and white accident situation called “pure comparative negligence”. To explain this, we must imagine your car accident compensation case proceeds to a trial. When this happens, a jury will assign percentages of fault to each driver involved in the accident. For example, if the jury finds a driver even two percent responsible for the accident and finds the other driver 98 percent at fault, the second driver who is mostly at fault may still win some amount of damages. Many other states award nothing to a driver if he or she is more than 50 percent at fault.
Time and Money: Limits in Arizona Automobile Accidents
After an accident occurs, the drivers have two years to bring a lawsuit to recover damages. Depending on the severity of the accident and its complexity, this allows a person time to weigh evidence, recover and learn what the insurance company will offer. While the clock ticks in deciding whether to file a lawsuit to win car accident compensation, the amount of damages one may seek to recover is unlimited.
Economic and Non-Economic Damages
Damages for automobile accidents are commonly divided into one of these two categories by lawyers and car insurance companies. The damages that equate to hard dollars are fairly easy to quantify: car repairs; medical expenses—both immediate and future; lost wages from missing work; and other out-of-pocket costs. It is calculating the non-economic damages that are more challenging to assign. These include pain and suffering, loss of the ability to thrive, emotional difficulty, and permanent physical injuries or disfigurement.
Since Arizona has no cap on damages for personal injury, victim drivers can seek assistance with long term help. The effects on a person from an accident can be broad. Examples of car accident damages sought by drivers to recover are: a new vehicle; pain and suffering; medical expenses; rental car use, loss of wages and loss of consortium or companionship. There are many different formulas that lawyers and car insurance companies use to arrive at figures for these; the subjective nature of this calculation makes this part of recovering losses difficult for an inexperienced person. Experienced personal injury attorneys understand the different nuanced nature of arriving at figures to present to insurances companies, juries, and the other driver.
It is easy to see how car accident compensation can become very complicated. The decisions to weigh about seeking and winning damages can become extremely confusing. Most drivers cannot afford a mistake. Get a claim evaluation from one of our experienced attorneys. Your case is a greater chance of success when the right figures are calculated and presented. We can help you get this right. Call us today.