Located less than 25 miles from Phoenix, Gilbert, Arizona is one of the largest municipalities in Arizona. It was once known as the “Hay Shipping Capital of the World.” Like any other community, Gilbert residents and visitors experience their share of injuries and accidents caused by others.
The following is a guide to filing a personal injury claim, tips on how to find the right attorney for you and a list of some of the best personal injury attorneys in the Gilbert area.
Arizona Statute of Limitations for Personal Injury Cases
In Arizona, a two-year statute of limitations applies to personal injury lawsuits. That means an individual has two years to file a suit alleging an injury due to someone else’s negligence, starting from the time that the alleged injury occurred. This statute of limitations does not apply to medical insurance claims for injuries—most insurers require you to report an injury within a week.
Arizona Personal Injury Laws
Arizona has several regulations that may impact a personal injury suit. Here are some important legal requirements to keep in mind.
- Comparative fault. To receive compensation for an injury caused by another’s negligence, an individual must prove the other party is at fault. In many situations, however, both parties may bear some responsibility.Arizona’s comparative negligence regulation requires a jury to reduce the amount of damages a plaintiff can recover according to how much their own negligence contributed to the injury they sustained. So, if a jury concludes a plaintiff is 20% at fault for their injury, it must reduce the damage award by 20%.
- Damage cap. Unlike many states, Arizona does not cap the amount of damages an individual can recover for personal injury or wrongful death claims.
- Liability insurance. In Arizona, drivers must carry liability insurance in case they cause an accident that injures someone. The minimum required limits are $25,000 to cover bodily injury for one person and $50,000 for that of two or more people, along with $15,000 in property damage liability coverage.Uninsured and underinsured motorist coverage is not required but is advisable in the event of an accident caused by an uninsured driver.
Personal Injury Settlement Considerations
The vast majority of personal injury lawsuits are settled by the parties. In a settlement, the plaintiff accepts an agreed-upon sum in exchange for dropping or not filing a lawsuit against the defendant. If the defendant’s insurer is involved in the settlement proceedings, it could take up to a year for the plaintiff or claimant to receive compensation.
Remember that your attorney will be paid out of the settlement amount. However, many personal injury attorneys are paid on a contingency basis, so if you don’t receive any compensation, your attorney won’t either. Settlement amounts that compensate an individual for lost wages and noneconomic damages are usually subject to federal and state taxes, while amounts paid to cover medical expenses are usually not taxed.
Settlement amounts in personal injury cases vary widely and depend on the circumstances in each case. In determining compensation, settlement negotiators take into account factors including:
- severity of the injury
- how much the injury affects the individual’s life and ability to work
- cost of treatment and recovery
- emotional or psychological toll on the individual
- debate over the extent of the defendant or accused’s liability