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Know Your Rights as a Victim of a Car Crash

August 13, 2020Articles

Hopefully, you’ll never be in a car accident! But the more you drive, the greater your chances of becoming a victim. In the event you should be a victim of a car crash you have the law on your side. Arizona has some of the most favorable accident compensation laws in the country. If you need a Phoenix personal injury lawyer, Gerber Injury Law has helped thousands of victims get the compensation they’re deserving of.

At Fault Rules

Like many other states, Arizona has an “at fault” or “tort” system for insurance claims. In order to get compensation, a driver must show fault on the part of the other driver before insurance claims will be paid out.

One thing a little different about the law in Arizona is the state has a “pure comparative negligence” jurisdiction. In other words, if your case goes to trial, a jury will be instructed to assign percentages of fault to each driver. Even if the other driver is determined to be 95 percent at fault, they’ll still recover some money if a jury finds you five percent at fault.

As a Phoenix personal injury lawyer, Ken Gerber handles cases like this all of the time and fights to make sure every victim gets what they’re entitled to. In Arizona, the statute of limitations is two years for filing claims on car accidents. Since you will probably experience delays with insurance companies, it’s recommended you file an insurance claim immediately. This way you still have time to file a lawsuit, if needed. Also, in Arizona, there is no cap on damages.

Two Types of Damages

When it comes to compensation, there are usually two categories lawyers and insurance companies divide the damages into. One is economic and the other is non-economic. Economic damages are a little easier to calculate since those have to do with car repairs/replacement vehicle, rental cars, medical expenses, lost wages from missed work and other miscellaneous expenses. Pain and suffering, disability and emotional distress fall under the non-economic damages category.

Whether you’re at fault in a car accident or the other driver is it’s always a good idea to get legal advice. If you’re needing a Phoenix personal injury lawyer, please give us a call. Gerber Injury Law has years of experience in handling accident injury cases.