Nothing can ever prepare you for the effects of an auto accident. Outside of the catastrophic injuries and excruciating pain you may have to deal with for the rest of your life, you may also have to worry about substantial financial hardships because you can no longer work. That is why one of the main concerns that many car accident victims have is obtaining enough compensation to cover their medical expenses and get through this devastating time in their life.
For these reasons, we have prepared the below blog post to help you understand the legal options you have after a Phoenix car accident that can help you get paid. In it, we will also go over the legal remedies you can pursue, the specific things you can do to help your legal case, and how an experienced car accident attorney can assist you with these complex legal claims and fight for the monetary damages you deserve.
Figure out if You Have a Viable Legal Case After a Car Accident
Just because you were in a car accident does not mean you are guaranteed to get paid for everything you went through. In truth, before you can pursue any compensation, a few questions need to be examined to determine if you have a viable injury claim.
These questions include:
- Did you suffer injuries following the accident?
- What was the severity and extent of this trauma?
- Is there insurance money available after the accident?
- Do you have enough time to pursue a motor vehicle accident lawsuit?
That is why if you want to know if you can get paid after your Phoenix motor vehicle accident, it is recommended that you reach out to an experienced Phoenix car accident attorney as soon as possible. These lawyers can determine whether you have a valid legal case, the case stages that will occur, and determine the legal options you can pursue to help you go after the compensation you are entitled to.
The Financial Damages You Can Pursue After a Phoenix Motor Vehicle Collision
Depending on the circumstances of the car accident, you may be entitled to certain types of compensation. In Phoenix, this compensation usually breaks into these categories:
Economic Damages
These damages refer to money for objectively verifiable financial losses, including:
- Bills related to medical services you received after the accident, such as emergency services, hospital stay, doctor visits, prescription medications, assistive medical devices, nursing care, and other types of treatments
- Lost wages and reduced earning capacity from not being able to work following the accident
- Personal property damages, including replacement expenses and repair costs
- Replacement at-home services for the activities you can no longer do on your own, such as cleaning or child care services
- Other costs related to the accident
Non-Economic Damages
Non-economic damages refer to payment for the non-monetary losses that result from the accident.
These losses include:
- Pain and suffering
- Mental distress
- Loss of companionship and consortium
- Physical impairment and disfigurement
- Loss of enjoyment of life
- Inconvenience
- Humiliation and other negative emotional impacts of the injury
Punitive Damages
Economic and non-economic damages are awarded to put the victim in the condition before the accident or pay them for the permanent changes they endured following the accident. On the other hand, punitive damages penalize the wrongful party for their actions and deter others from engaging in the same misconduct.
However, in Arizona, before you can obtain punitive damages following a car accident, the state laws require you to establish that the wrongful party acted with an evil hand and evil mind. Or rather that the defendant had ill will towards you and intentionally caused your injuries. Consequently, these damages are only awarded in exceptional cases.
For these reasons, if you want to figure out which of these damages you may be able to pursue after your Phoenix car crash, it may be best to go over your accident with an experienced car accident attorney. These legal professionals can review the facts of your case, determine which damages apply, and help you go after the monetary damages you are entitled to.
Determine How Much Money You Can Get Following a Motor Vehicle Accident in Phoenix
No attorney can tell you exactly how much money you can get following a car crash.
Many elements can affect your case and, ultimately, the amount of money you can receive, including:
- The types of injuries you sustained and the severity of these injuries
- The medical treatments you will need after the accident and how long these medical treatments will last
- Whether you endured a permanent disability following the accident
- The ability to work following the accident
- The amount of lost wages you endured from not being able to work due to your injuries
- The extent of your pain and suffering following the car crash
- The ability to partake in everyday activities you used to do before the accident
- The certainty of the wrongful party’s liability
- The credibility of the evidence presented
- Whether replacement services are needed
Yet, although an attorney cannot tell you the precise monetary figure you can get after your accident, they can review the circumstances of your crash and whether these factors impact your claim, prepare convincing legal arguments in response to these factors, and fight hard for the money you need.
Never Accept Money From the Insurance Company Until You Consult a Lawyer
After a car crash, the insurance company will likely try to contact you to discuss your case. It may even provide you with a settlement offer. Yet, while this may seem like great news, it may not be a great idea to accept this amount before you speak with an experienced attorney and verify whether this figure is fair to you.
Unfortunately, it is not outside of the norm for an insurance company to offer a meager settlement shortly after an accident in hopes that a vulnerable victim will accept this amount, no questions asked, and without verifying whether this amount covers all of their current and future losses. They also know that if these individuals accept this amount, they cannot come back and ask for more money down the road.
As a result, before you settle your car accident claim, you should speak with a knowledgeable car accident attorney to determine if this offer is what you need or if the lawyers have to go back to the negotiation table and fight for more money.
Steps You Should Take After a Phoenix Motor Vehicle Collision to Get Compensated Fairly
After a car accident, the last thing you want to worry about is gathering evidence and talking to witnesses who saw the accident. Yet, if you want to help your legal claim and go after maximum compensation, it may be best to take specific steps after this collision to protect your legal rights.
These actions typically include:
Get a Police Report After the Accident
Following your accident, you should call 911 immediately. If you cannot do this yourself, have someone around you call. These local authorities can provide you with the emergency help you may need, but they can also investigate the incident and jot down their findings in their police report. If you decide to pursue legal action after this collision, this police report can provide the helpful information your attorney needs to go after maximum compensation.
Try to Gather Pictures and Videos From the Accident Scene
If possible, you should try to take as many pictures and videos of the accident scene as you can, including photos of:
- The injuries you can see
- The cars involved in the accident and their placement on the road
- The damage to these vehicles
- The weather conditions
- Road defects and skid marks
- Traffic signals near the area
- Other evidence that can help show what happened
Talk to Others, But Watch What You Say
After the accident, try to exchange details with the other motorists involved, including names, phone numbers, insurance information, driver’s license numbers, and car information, such as make and model.
Plus, if there were people who saw the incident, try to get their personal information, including email addresses, names, and phone numbers. These individuals can provide your attorney with further details regarding the collision and offer testimony that can help validate your case.
However, before you start going over everything that happened with these individuals, make sure you watch what you say. This means avoiding comments such as “it was my fault” or “I’m sorry,” as these statements can come back to hurt your claim and impact the total money you can obtain.
Get a Medical Report
Even if the harm you sustained appears minor, ensure you still get examined by a doctor after the collision. These health care professionals can verify that you do not have hidden injuries that have not yet manifested, such as brain injuries or spinal cord injuries. They can also provide you with a medical report detailing the extent of your trauma and provide your attorney with evidence of a direct connection between the injuries and losses you endured and the motor vehicle collision.
Give All the Evidence You Have to Your Lawyer
To go after the total compensation for expenses following the car crash, you must provide documents supporting your claim. The more proof you have, the higher your likelihood of receiving the money you deserve.
That is why after your accident, make sure you provide all the evidence you have to your attorney, including your:
- Police and medical reports
- Bills and insurance documentation related to your medical care
- Records describing emergency services and ambulance rides, doctor visits, diagnostic testing, medications, therapy, and hospital stay
Your lawyer can use this evidence to prepare a well-built legal case on your behalf and go after the maximum financial recovery you are entitled to.
Work With a Phoenix Car Accident Attorney and Fight for the Monetary Damages You Need
If you endured significant harm in a car crash because of another person’s wrongful actions, you deserve compensation for the injuries and damages you suffered. Thankfully, with an experienced car accident attorney fighting for your rights, you will not have to go after these monetary damages alone.
When you hire this legal team to take on your case, you can focus on the things that matter most, such as your healing. Let the legal professionals go after the justice you deserve.
Once retained, your lawyers can:
- Determine whether you have a valid legal case and the legal options you can pursue.
- Discuss your concerns after the accident and the legal proceedings involved.
- Analyze the details of your crash, investigate what happened, and secure the evidence needed to prove liability and the extent of your damages.
- Figure out who was at fault for the car accident and hold these individuals accountable for all the harm you suffered.
- Bring in experts to substantiate your claim, including accident specialists, doctors, financial specialists, and others.
- Ensure that your legal files, documents, and motions are prepared and submitted before time expires.
- Take on the settlement discussions on your behalf and go after a just settlement amount.
- Head to trial if the other side is unwilling to get you the money you require, and fight tirelessly for the results and compensation you need.
If a car collision in Phoenix affected your or a loved one’s life, contact an experienced injury attorney at Hutzler Law today for a free case evaluation and learn how these lawyers can help you recover compensation after a tragic collision.
Jason Hutzler
Jason Hutzler is the founding partner of Phoenix personal injury law firm Hutzler Law, and represents individuals throughout Arizona. His practice is primarily dedicated to personal injury and car accident claims, leveraging his deep expertise as a former insurance adjustor to navigate the complexities of insurance negotiations.