As a seasoned personal injury attorney with 30 years of experience, I’ve seen firsthand the impact car accidents can have on individuals and families. From the heartache of wrongful deaths to the complexities of insurance claims, each case I handle in Arizona, Illinois, or Colorado brings unique challenges and a deep sense of responsibility. Here, I aim to provide clarity on what compensation you can expect if the other driver is at fault.
Qualifying for Compensation after an Accident
In states like Arizona, Illinois, and Colorado, the compensation you can receive following an auto accident largely depends on proving that the other driver was at fault. This is known as a “fault” or “tort” system, and it significantly influences the types of damages you may be eligible to claim.
Wrongful Death
If a tragic loss occurs, surviving family members may seek wrongful death compensation. This could include funeral expenses, lost future earnings, and loss of companionship.
Fault and Compensation
Understanding fault in an accident is crucial for claiming compensation. Arizona follows a “pure comparative negligence” system. This means compensation can be claimed even if the claimant is partially at fault, though the amount is reduced based on their percentage of fault.
Try Our Injury Settlement Calculator
Our calculator can help estimate the compensation you might receive, factoring in various aspects such as injury severity and fault percentage.
Accident Victims Entitled to Economic, Non-Economic Damages
Victims are entitled to compensation for both tangible and intangible losses. This includes medical expenses, pain and suffering, lost wages, and impacts on future earning capacity.
Property Damage
Recovering damages for property loss, such as vehicle repair or replacement, is a key component of compensation following an accident. Arizona law requires motorists to have a minimum property damage liability insurance of $15,000.
Compensation for Physical Injuries
Medical Expenses
Medical expenses cover everything from emergency treatment to ongoing care. It’s essential to document all medical treatments received due to the accident.
Rehabilitation
Costs for rehabilitation services, which can be crucial for recovery, are also compensable.
Nursing Care
Long-term injuries may require professional nursing care, the costs of which should be included in the compensation claim.
Home Modifications
If injuries necessitate modifications to your home, such as wheelchair ramps, these costs can be claimed.
Lost Wages
Compensation for time off work due to injuries is another crucial aspect of your claim.
Reduced Earning Capacity
If your injuries impact your ability to earn in the future, compensation for this loss is also warranted.
Awards for Emotional Distress
Apart from physical injuries, the psychological impact of an accident is equally significant. Victims can seek compensation for emotional distress and mental anguish.
Additional Considerations
Every accident case has its nuances. Factors like the accident’s severity, insurance coverage limits, and specific state laws play a critical role in determining the compensation amount.
Contact an Attorney for Help Today
Navigating the complexities of a car accident claim requires expert legal assistance. At Lamber Goodnow, we understand the challenges you face and are dedicated to helping you maximize your compensation while ensuring your rights are fully protected. Don’t navigate this process alone; reach out to our team of knowledgeable personal injury attorneys today for the support and guidance you need.
Frequently Asked Questions
Q: What if the other driver doesn’t have enough insurance to cover my damages?
A: In such cases, your own uninsured/underinsured motorist coverage may come into play. Consulting with an attorney can provide insight into alternative compensation avenues.
Q: How is fault determined in a multi-vehicle accident?
A: Fault in multi-vehicle accidents is often shared among the parties involved. Arizona’s pure comparative negligence system means each party’s compensation is reduced by their percentage of fault.
Q: Can I claim compensation for emotional distress?
A: Yes, victims of car accidents can seek compensation for emotional distress, which includes anxiety, depression, and other psychological impacts resulting from the accident.
Q: How long do I have to file a claim for compensation in Arizona?
A: Arizona’s statute of limitations for car accidents is two years. It’s crucial to initiate the claim process within this period to secure your right to compensation.
Bottom Line
Understanding the nuances of car accident compensation is vital for anyone involved in such incidents. It’s important to be aware of the specific legal requirements and the potential compensation available, including economic, non-economic, and property damages. Ultimately, consulting with an experienced personal injury attorney is the best course of action to ensure that your rights are protected and you receive the full compensation you are entitled to.