Common Personal Injury Questions:
- Why hire an attorney?
- How much is my case worth?
- What if I am partially at fault for the accident?
- Will my insurance premium increase if I use my underinsured/underinsured coverage?
- Can I afford an attorney to represent me for my personal injury claim?
- What should I do after being involved in a car accident?
- How much time do I have to pursue my personal injury claim?
- What if I was involved in an accident while on the job?
Q. Why hire an attorney?
If you have suffered an injury as a result of someone else’s negligence your attention should be on your health and physical recovery. Hiring an attorney gives you a personal advocate to deal directly with insurance companies that would otherwise be likely to undervalue your claim. It is important to have an attorney assist you with navigating through the legal process and ensure the negligent party is being held accountable for their actions and you are receiving just compensation for your injuries.
Q. How much is my case worth?
It is important to keep in mind that each case is different. The following are some of the most common factors considered in evaluating a personal injury claim:
- Medical treatment (past and future)
- Lost income (past and future)
- Pain and Suffering
- Property Damage
- Punitive damages
Q. What if I am partially at fault for the accident?
Arizona’s pure comparative negligence law allows an injured person to recover compensation for their injuries even if they are partially at fault for their injuries. For example, if an individual is found 80% at fault for their own injuries, that individual can recover 20% of the full value of their claim.
Q. Will my insurance premium increase if I use my underinsured/uninsured coverage?
The short answer is NO! In accordance with A.R.S. § 20-263(A) “No insurer shall increase the motor vehicle insurance premium of an insured as a result of an accident not caused or significantly contributed to by the actions of the insured. Any insurer which increases the premium as a result of accident involvement shall notify the insured of the reason for such increase.”
Q. Can I afford an attorney to represent me for my personal injury claim?
Sher Law Group operates on a contingency fee basis. This means we only get paid if and when we either settle your case or obtain an award through arbitration or trial.
Q. What should I do after being involved in a car accident?
- Contact help immediately if anyone was seriously injured and requires medical attention.
- Take photos of the following:
- Vehicles involved - take photos of different angles and distances of the damage to your vehicle and the vehicle that hit you.
- Skid marks, or road conditions such as construction signs, etc.
- Any items in your vehicle that were damaged as a result of the impact.
- Obtain the contact information of the driver that caused the accident, inclusive of a picture of their driver's license and car insurance information.
- Obtain contact information for any witnesses at the scene.
- Call the police, ask the officer to provide you with an accident exchange form.
- If you were injured and require medical care seek the help of a personal injury attorney.
- Do not admit contributing to the cause of the accident or apologize to anyone involved.
- Any items in your vehicle that were damaged as a result of the impact.
- Do not speak with the insurance company or accept any offer until first contacting your attorney.
Q. How much time do I have to pursue my personal injury claim?
In Arizona, generally the statute of limitations is 2 years for most personal injury claims. This means you must file a lawsuit within 2 years of the date your accident occurred or you may lose your ability to recover medical expenses and other damages from the negligent party. Depending on your specific case, you may have less than 2 years to file a claim. For example, the time to file a claim if a governmental entity is involved is 180 days. It is important it contact a personal injury attorney to ensure your claim is timely filed and your rights are protected.
Q. What if I was involved in an accident while on the job?
Generally, you will be eligible for worker's compensation benefits through your employer if you are injured while working. If the accident was caused by a third party (someone other than your employer) you may also file a personal injury claim against that negligent third party. Your attorney can advise you of your options when you have a work related injury.