What You Need to Know When Suing After an Accident 

Introduction

With almost 16,000 car accidents occurring across the United States each day there are roughly two million drivers who will experience a permanent and often debilitating injury as the victim of a car accident. In addition to the costly damage to your car, the injuries caused by your accident may lead to pricey hospital stays and continuous doctors appointments.

Though insurance companies may make it seem like the accident was not as severe as you claim or refuse to pay you what you deserve, you are not in this fight alone. Hiring an experienced personal injury attorney to aggressively fight for the compensation you deserve will reduce the stress you are experiencing as well as will allow you to properly care for yourself and overcome the damage caused in your accident.

Arizona Statute of Limitations for Car Accidents

Each state has their own “statute of limitations” which is a time limit designating how long someone has to file a personal injury lawsuit following a traumatic event such as a car accident. The statute of limitation exists to allow those who have been injured or have had their property damaged to adequately prepare for and file a lawsuit to reclaim a monetary amount sufficient enough to cover the damage as well as pain and suffering that they experienced.

In Arizona, the statute of limitations for filing a lawsuit for injuries and damages caused by a car accident is two years from the date of the accident.

If you wait too long to file your lawsuit and the two year time window has expired, you will not be able to file a lawsuit to recover money for the injuries and damages that occurred.

Even though it seems like two years is sufficient enough time to file a lawsuit, waiting to file a lawsuit will only hurt your case. One of the most consequential mistakes of waiting an extended period of time to file a lawsuit is that you will forget many important details relating to your accident and this may significantly impact the strength of your lawsuit.

To properly prepare and prevent your case from being negatively impacted by something as simple as forgetting details, speak with an experienced personal injury lawyer immediately after your accident.

Damages Following an Accident

In the legal world, damage is defined as the loss or harm due to injury or destruction of property. In your case of a car accident, the damage that can be sued for would be an injury that occurred to you or your passengers, as well as any damage that occurred to your car.

To be reimbursed for the damage inflicted by the negligent act of another individual, a lawsuit will need to be filed to obtain damages. In this instance, “damages” does not mean the actual injury or destruction of property, but rather the money awarded in a lawsuit to the individual who sustained injuries and property damage.

Generally, the person at fault for the accident as well as their insurance company will be responsible for reimbursing you for the damage and injuries that they caused as well as compensating you for the pain and suffering following the accident.

If you have been injured in an accident, damages can be awarded to assist you with the following examples:

Medical Treatment

The most common damages awarded to a personal injury victim is reimbursement for the necessary medical care that they received to treat their injuries as well as compensation for their future medical care.

Income

An auto accident can cause you to miss work and that means that your ability to provide for yourself and your family may be jeopardized. If your income has been impacted, you can receive compensation for income lost as well as future income that may be affected.

Property Loss

Besides the damage to your car, you may receive compensation for your damaged personal items such as your clothes and cell phone.

Pain and Suffering

In addition to the injuries sustained in your crash, you may also be forced to deal with both continuous physical and mental pain and suffering. Pain and suffering can be both physical and mental which means that things such as recurring pain or even depression or anxiety necessitates you to be compensated.

Since each case has its own merits and reasonings, there is not a standardized settlement or payout for the damage caused by an accident. To appropriately determine how much your settlement or payout may be, set up a consultation with a personal injury attorney who will fight to get you the money you deserve.

Pain and Suffering Following an Accident

Even though each accident is different and the damage differs from case to case, there are several common injuries that may go unnoticed and often untreated.

Common forms of pain and suffering following an accident are:

  • Whiplash
  • Ears ringing (tinnitus)
  • Post-traumatic stress disorder
  • Depression
  • Anxiety

Whiplash

At first you may not think that whiplash is a serious injury as it often seems to be a normal part of any trip to an amusement park, but whiplash when caused by an auto accident can cause serious injury and future pain and discomfort.

Whiplash is most often caused during an accident when an unsuspecting driver is rear ended. When the car is struck, the initial force from the accident causes your head to jolt backwards and then forward quickly causing damage to the discs, nerves and ligaments of your neck.

Symptoms of whiplash:

  • Neck Pain
  • Stiff Neck
  • Headaches
  • Pain in your shoulders
  • Lower back pain
  • Pain or numbness in your arms and hands
  • Difficulty concentrating or remembering
  • Irritability
  • Sleep disturbances
  • Fatigue

Though it may not seem like the symptoms for whiplash are serious, if left untreated the pain can continue on for a significant amount of time and may negatively impact your ability to earn an income or to enjoy normal daily activities. If you suspect that you experienced whiplash in your car accident, obtain medical assistance as well as speak with an attorney as soon as possible.

As the victim of a car accident you are entitled to sue for the financial compensation to remedy the damage caused by the other driver.  To ensure that you receive the money you deserve, speak with the premier car accident lawyer in Arizona.

Call our Personal Injury team at (480) 467-4392 to discuss your case today.

Meet the Author

attorney jared everton

Jared E. Everton

Personal Injury Attorney

Jared Everton is a Managing Shareholder at JacksonWhite. As an attorney, Jared has represented clients throughout the United States. He is a talented problem solver and advocate. Jared has extensive experience litigating insurance related disputes. As a member of JacksonWhite’s executive leadership, he has assisted in creating and pursuing a vision that has led JacksonWhite to become one of the most respected law firms in the state of Arizona. Prior to joining the firm in 2001, Jared interned for Senator John McCain in Washington D.C. Jared was named to the Super Lawyers Arizona Rising Stars list as a prominent attorney for 2012, 2013, and 2014. No more than 2.5 percent of lawyers in Arizona are selected for this honor annually. He has been awarded a five star peer review rating from Martindale Hubbell.

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