Personal Injury is a situation in which someone has been physically or emotionally injured or, in some cases, killed by the wrongful act of another person. A claim can be made when the individual harmed seeks money as compensation from the person or company that wronged them.
How is Fault Determined?
Whether someone will owe for the harm caused depends who is at fault as well as how much of the fault they are responsible for. Often it will be several individuals and the company will also share in some of the blame. Sometimes the injured person also shares in some of the responsibility. A percentage of the fault will need to be determined and the injured person’s claim is reduced by their percentage of fault.
Is a lawyer needed to make a claim?
An attorney can help you to understand your legal rights, but they are not required to make a personal injury claim. If you are at fault for someone else’s injuries, your own insurance company will usually hire an attorney to represent you depending on the type of claim and coverage. Regardless, and whether you are at fault or not, if you are in an accident you should always immediately contact your own insurance company and tell them what happened.
How long do you have to make a claim?
You should definitely file a lawsuit if you are unable to agree on an amount to settle your claim with the other person(s) or their insurance company in order to protect your rights. Most negligence cases in Arizona require you to file the lawsuit within two years of the injury’s occurrence. You should always fully investigate though because some deadlines can be as short as six months. Different requirements are needed if you are making a claim against government agencies, or if you were hurt while working.
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