Personal Injury

Hello and welcome to yourbestlawyer.com. This video is for personal injury cases involving a motorized vehicle such as auto, motorcycle, semi-trucks, airplanes, golf carts, and mopeds. When one experiences an auto accident, confusion often arises regarding what steps to take. This video will give you an outline of the entire process, starting from the point of impact up to your final settlement.

An incident occurrence, especially an accident resulting in personal injury, triggers a crucial process. As outlined in Arizona Revised Statute 28-661.A.1, it is legally mandated to stop the vehicle immediately at the scene of the accident or as close as possible and promptly return. When law enforcement arrives, they act as the state's representative and are tasked with evaluating the situation based on available information. They also have the authority to issue citations to the party believed to be responsible for the accident.

Therefore, having detailed information, evidence, and contacts of witnesses is incredibly important. Documenting the accident scene through photographs, gathering witness accounts, and collecting any pertinent information can significantly support your insurance provider or the attorney handling your case. This phase stands as a pivotal aspect of your case, especially in situations where an officer cannot conclusively determine fault. In such instances, all collected details become necessary to effectively support a claim.

Following this, the explanation divides into two significant parts: property damage and bodily injury. Both these aspects play crucial roles in the ensuing process.

The services offered by Arizona lawyers for personal injury claims generally do not include help for property damage resulting from an accident. However, when we present you with attorney options, their profiles will specify if they are willing to assist with the property damage aspect.

Once the police officer assesses the accident scene and deems your vehicle unsafe to drive, they will coordinate with a towing company—either a contracted service or one of your choosing—to remove your vehicle. You have the right to specify the destination for the towed vehicle and opting for your property can help you avoid incurring storage fees. This way, you can exercise control over the process and minimize additional costs associated with the aftermath of the accident.

Concerning vehicle repair, if the officer determines your responsibility for the accident, it is crucial to promptly contact your auto insurance provider to address the repair of your vehicle. As the injured party, also known as the claimant, you have the option to pursue property damage coverage either from the at-fault party's insurance or your own insurance if you have collision coverage. Opting for your insurance for the repairs is generally a quicker process, as they are subsequently reimbursed by the at-fault party's insurer through subrogation. If you are required to pay a deductible, rest assured that it will be reimbursed by the at-fault party.

In cases where your vehicle was inoperable and you did not secure a rental car, you are eligible for reimbursement for the loss of use. Additionally, if your vehicle experiences a diminished value due to the recorded accident, you can also receive monetary compensation for the loss of value. Under Arizona Revised Statute 20-263A, your insurer is prohibited from increasing your premium as a result of an accident that was not caused by you. Your entitlement to these benefits ensures a comprehensive and fair resolution to the aftermath of the accident.

Opting for the at-fault party's insurance to repair your vehicle could be time-consuming. They must conduct their investigation, gather details from their insured, and await a police report. This process might bring more frustrations than solutions, yet the decision is yours to make. Ultimately, ensure you select a reputable auto shop for your vehicle repairs to avoid potential disappointments.

Injuries resulting from a motor vehicle accident can range from minor conditions like whiplash, cuts, bruises, concussions, or small fractures to more severe and life-altering injuries such as spinal cord damage, broken bones, internal organ trauma, amputations, and traumatic brain injuries.

When pursuing compensation for a personal injury, the credibility of the individual handling your medical care is crucial. Although you have the freedom to choose your healthcare provider, documented expertise and accreditation in the medical field carry more weight. For instance, if a licensed medical doctor records a diagnosis of a ruptured muscle, it holds more credibility than a statement from a practitioner in a different field, like an "acupuncture practitioner," regarding a torn muscle. Having a diagnosis and treatment plan from a reputable medical professional helps in validating the severity and nature of your injuries for insurance claims or legal proceedings.

In many low-income communities, individuals frequently choose to forego medical treatment for their injuries because they fear potential job loss if they take time off work to receive medical care. It's crucial to recognize that adhering to this mindset can significantly hinder your chances of obtaining fair compensation for your injuries. Additionally, avoiding addressing your current injuries to keep your job could amplify your injuries, and you might still have to address them eventually. However, by delaying treatment, you may end up having to cover the medical expenses yourself, rather than seeking compensation from the responsible party.

There are various ways to cover medical costs. If you have private medical insurance or government-assisted insurance like AHCCCS, they might want reimbursement for the part they covered when your settlement happens. If you don't have insurance, many medical providers are willing and happy to work on a "lien basis.” A lien is a document hospitals use to make sure they'll get paid from your settlement once it's sorted out.

In a graphical illustration here is the timeline procedure for a personal injury case:

• Injured party or lawyer files claim for accident
• Seek medical treatment while insurance company is determining liability
• Liability is established, and your property damage should be resolved
• Finish medical treatments
• Your lawyer files a demand
• Your lawyer settles a compensation or moves the case to “litigation” meaning, they file a suit.
• If case does not go to litigation (most of them don’t), you go into settlement disclosure, meaning the attorney prepares a breakdown of all settlements for you to approve.
• Disbursement

Litigation in a personal injury case involves the legal process when a disagreement or dispute arising from an injury moves into the court system. When negotiations or other methods to resolve the issue fail, the injured party (known as the plaintiff) typically files a lawsuit against the responsible party (the defendant). This formal legal action initiates a series of steps. Both sides exchange information, evidence, and documents during what's called the "discovery" phase, where they gather facts, take statements, and exchange pertinent details. If a settlement cannot be reached before trial, the case proceeds to court. At trial, a judge or jury reviews the evidence presented by each side and makes a decision. The aim of this legal process is to determine fault, establish the extent of damages, and ultimately, provide fair compensation to the injured party for their losses, which may cover medical expenses, lost income, pain and suffering, and other damages incurred due to the injury. Litigation stands out from settlements or negotiations as it involves legal strategies, court procedures, and the potential for a trial, where the court decides the resolution. If your case must reach this step, legal fees will increase to 40%. Your attorney may seek assistance from other lawyers to help them with this procedure, and you are in full control on who they choose.

In personal injury cases, a contingency fee is a payment arrangement where the lawyer only receives compensation if the case is successful, typically taking a percentage (often ranging from 25-40%) of the final settlement or court award. If the case doesn't result in a successful outcome, the lawyer doesn't get paid. This fee structure allows individuals with limited financial resources to access legal representation without upfront costs, as the attorney assumes the risk and invests time and resources in the case, incentivized to achieve a favorable result for their client to secure payment. It aligns the lawyer's interests with the client's, encouraging them to work diligently to maximize the compensation since their fee is contingent upon a successful resolution of the case.

Below are 3 options depending on your choices. Our first option connects you with skilled personal injury attorneys with a minimum of 2 years of experience, providing affordable solutions. These professionals offer a cost-effective entry point, with rates starting at 25% to 28.99% as a contingency fee. Some of these attorneys also handle the property damage portion to try to earn your business. When you receive the list of attorneys willing to take your case, this option will be noticeable when making your choice.

Our second choice when you require an elevated level of expertise, exposure, and case management proficiency. Seasoned attorneys with over 6 years in personal injury law experience stand ready to champion your cause. With rates starting from 29% to 32.99% as a contingency fee, you gain access to a wealth of legal knowledge and skills. Some of these attorneys also handle the property damage portion to try to earn your business. When you receive the list of attorneys willing to take your case, this option will be noticeable when making your choice.

For those seeking unparalleled legal excellence, our top-notch attorneys step into the spotlight. With a minimum of 11 years in practice, including Board Certified Specialists recognized by the Arizona State Bar, these legal virtuosos excel when facing complex challenges. Whether it's navigating a horrific death, or a complex liability where there may be many parties responsible, and/or handling public exposure, they rise to the occasion. They meticulously dissect every piece of evidence, leveraging expert witnesses, and stand prepared for any legal battle. Premium fees range from 33% to 35% as a contingency fee.

Your choice of legal counsel is a significant decision, and our three distinct options ensure you find the right fit for your unique circumstances, from cost-effective solutions to top-tier representation.

Credit for this script:

Author: Felix Martinez

Attorney that checked for correct information and to make sure there was no legal advice given: Andy Rojas