Phoenix Car Accident Lawyer
Car accidents can happen anywhere in Phoenix. You might be rear-ended in the Post Office parking, sideswiped on the freeway, or T-boned at any of the intersections across the city. Car accidents cause serious pain, often requiring weeks if not months away from work.
Motor vehicle accidents are truly disruptive. As more people are drawn to the beautiful city, more people are also out on the roads. In the past decade alone, collisions involving cars have increased by 50 percent.
Fortunately, accident victims in Phoenix have avenues for receiving compensation, but they would benefit from legal assistance. Our Phoenix car accident lawyer can help you claim the full and fair settlement you are entitled to.
We Help Clients with the Full Range of Injuries
The forces generated by moving vehicles are incredible, even at relatively low speeds. Vulnerable occupants can suffer traumatic injuries even if buckled in and even if their airbags deploy.
Some common injuries are:
Strains, sprains, and contusions
Cuts or lacerations
Spinal cord injuries
Some injuries are immediately apparent. However, concussions and back injuries might take days before they fully present themselves. Whenever you feel pain, you should immediately contact the doctor. Some symptoms, like intense headaches, are cause for concern. Your injuries could quickly turn fatal if you do not receive swift assistance.
A Settlement is Possible
At Karnas Law, we have tackled many car accident cases. Over the years, we have developed strategies for improving our client’s chances of getting meaningful compensation when someone injures them.
Along with the injuries you sustain during a car accident, you will suffer many other losses, too. You may not be able to return to work right away. If you suffered catastrophic injuries, you may never be able to return to the same line of work again.
That could also mean not being able to earn the same amount of income you once did. When filing a claim, it is important to account for all of your losses. If you do not accurately value your claim and you learn you need to recover more compensation in the future, you will be unable to.
Our legal team is fully qualified to seek money damages for:
- Medical care
- Future medical care
- Lost income
- Loss of earning capacity
- Damage to property
- Pain and suffering
- Other intangible losses
The key to receiving compensation is to fully document your losses. This might mean creating a box to store all your medical bills, insurance statements, and prescription drug receipts. You can also include any repair estimates for your car and pay stubs to show how much income you lost.
When it comes to pain, suffering, and other losses, work with your lawyer. Our Phoenix car accident team can help you document how pain has disrupted your life. We might advise you to keep a pain journal or have family members write statements describing your struggles following an accident.
Some of the above damages are easier to value than others. For example, you may know the amount of weekly wages you lost while you were in the hospital. You may not know, however, the formula to use when calculating pain and suffering, which does not have a concrete dollar value. A Phoenix car accident lawyer will know how to identify all of your losses and accurately value them so you claim the full damages you deserve.
Common Car Accident Myths
A tremendous amount of misinformation exists on the internet. Many clients come to us with mistaken beliefs about the car accident settlement process. We are happy to provide correct information to anyone seeking it. Some of the more common myths are:
- You can’t receive compensation for a hit and run. This is false. It’s often possible to receive money even if a driver flees. We can usually make a claim on an uninsured motorist policy, if you have it. There might be other ways to get bills paid and your car repaired without ever finding the at-fault driver.
- If you hit a car, you’re always at fault. This isn’t true, either. It might usually be the case that the car which hit another car is at fault. But we really need to analyze the facts. For example, if someone pulled out directly in front of you, then they are at fault for the crash—even if you slammed into them.
- It’s better to negotiate your own settlement than pay attorneys’ fees. In our experience, the opposite is true. Few victims really understand the true value of their claim. Consequently, they settle for too little money and end up with large, uncompensated expenses. With us on your team, we can negotiate for maximum compensation.
- No car accident case ever goes to trial. This is partially true—car accident trials are rare. But rare doesn’t mean impossible. Sometimes, a trial is the only way to resolve disputes surrounding the fault. We know our way around a courtroom and can present your case forcefully to a jury.
- You don’t have to call the police for a parking lot accident. This is false! You should call the police for any accident that causes meaningful damage or injuries. Call: it’s the safe thing to do.
To get accurate information, contact Karnas Law today. We offer a free consultation where we can go over your case with you.
Proving Liability After a Car Accident
Although under the law, you can file a claim for compensation, your word alone that the crash was someone else’s fault is not enough. You must also prove your case. Proving your case first involves determining what caused your crash. There are many reasons car accidents occur, and they are as follows:
- Distracted driving
- Reckless driving
- Failure to yield
- Improper lane changes
- Improper passing
- Fatigued driving
In some cases, it is not another driver that is at fault but another entity. A defective or improper road design can also cause a car accident. For example, if a busy intersection did not have any stop lights or stop signs, that could be considered a negligent road design that could cause an accident.
Defective car parts can also cause an accident. For example, if the braking systems on a car were defective, it may seem as though a driver was following too closely and failed to brake. It may only be found out later that the braking system on the car was actually defective. In these cases, the manufacturer would be liable for paying damages.
Once you have determined what caused your accident, you can then file a claim against the liable party. To do this, you must show that the other party owed you a duty of care to ensure you did not suffer harm, that they breached that duty of care by acting negligently, and that their negligence caused you injury and other losses. You must also prove the nature and extent of your injuries. This can be done through medical invoices, pay stubs for lost wages, and proof of any anxiety or depression you have suffered as a result of the crash.
The Statute of Limitations on Car Accident Claims
The personal injury process is governed by many different procedural rules and laws. One of the most important of these is the statute of limitations. The statute of limitations is the amount of time you have to file your claim. If you do not file within this time, you will lose your legal right to file a claim against the liable party and claim any damage at all.
In Arizona, you have only two years from the date of the car accident to file your claim. Although this sounds like a lot of time, it is not. Usually, accident victims are surprised to find how quickly time passes after a crash. For this reason, it is critical to speak to a Phoenix car accident lawyer who can provide the sound legal advice you need.
Phoenix Car Accident FAQs
What if the police report states I am at fault?
Sometimes officers make a finding of fault. However, this is only their opinion. They don’t have all the facts. Indeed, critical information sometimes comes out later which the officer has no way of knowing at the time they wrote the accident report. We can still seek compensation even if the officer believes you are at fault.
How much time do I have to sue?
Arizona has a statute of limitations, found atA.R.S. § 12-542. It gives accident victims two years to bring a lawsuit from the date of the crash.
Can I receive compensation if I am partially at fault for the crash?
Yes. Under Arizona law, your compensation is reduced by your percentage of fault. So if you were 40% to blame for the crash, you will only receive 60% of the money you otherwise would. If your claim is worth $50,000, then the most you would receive is $30,000. Fault is sometimes disputed. A good Phoenix car accident lawyer can minimize your contribution.
What if my car was defective?
If you believe a defect caused a crash, you might sue the manufacturer. If a mechanic did shoddy repairs, you might also sue the mechanic. A question in cases like this, though, is whether you knew of the defect. If you did but chose to drive, then you bear some fault for the collision.
Can I sue if a loved one died in a car accident?
Yes. Arizona has a wrongful death statute for this situation. Certain survivors have the right to sue—spouse, children, parents, or a legal representative of any of them. When no one survives, then the estate can bring the claim. A wrongful death provides compensation for certain damages, such as funeral burial expenses and the income a deceased would have earned.
Call Our Car Accident Lawyers in Phoenix Now
A car accident will cause serious injuries and other losses and you deserve compensation for all of them. Unfortunately, obtaining it is not usually as easy as it should be. At Karnas Law Firm, PLLC, our Phoenix car accident lawyers will determine who is liable for your injuries, and hold them accountable for paying the full and fair settlement you are justly entitled to. Call us now at 602.402.5207 or reach out to us online to schedule a free consultation with one of our experienced attorneys and to learn more about your legal options.
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