Frequently Asked Questions | Wyatt Injury Law

What should I do immediately after an accident to improve the outcome of my case?

Following an accident, there are several crucial steps you can take to help protect your rights and improve the outcome of your case:

Seek Immediate Medical Attention: Your health should always be your top priority. Even if you don't think you've been seriously injured, getting checked out by a healthcare professional is important to prove you've sustained injuries. Some injuries may not be immediately apparent. If you don't immediately seek medical attention, the insurance company could use a delay to argue that your injuries were not serious or unrelated to the accident.
‍Contact the Police: It's important to report the accident to law enforcement, mainly if it involves a motor vehicle. The police will create a report that documents the facts of the accident, which can be very important when it comes time to prove what happened.
Collect Evidence: If safe, photograph the scene of the accident, your injuries, and any property damage. This can help build your case. If there are witnesses, try to get their contact information.
Be Careful What You Say: Be cautious not to admit fault or make statements that could be used against you later. Stick to the facts when speaking to law enforcement and insurance companies.
Notify Your Insurance Company: Report the accident to your insurance company immediately. However, be cautious about what you say, and don't agree to a settlement or sign any documents without speaking to an attorney.
Keep a Record: Document any expenses related to the accident and track how your injuries have affected your daily life.
Contact a Personal Injury Attorney: This is one of the most important steps. An experienced personal injury attorney in Phoenix, Arizona, can provide guidance tailored to your specific situation, help protect your rights, and ensure you get the compensation you deserve. They can handle communications with insurance companies, collect evidence, negotiate settlements, and represent you in court if necessary.

How long do I have to file a personal injury claim in Arizona?

In Arizona, the statute of limitations for personal injury cases is generally two years from the date of the accident. However, certain circumstances might extend or shorten this timeframe, so it's best to consult with an attorney as soon as possible.

What kind of compensation can I expect in a personal injury case in Phoenix?

The amount of compensation one can expect from a personal injury case in Phoenix, Arizona, is heavily dependent on the specifics of the case. A variety of factors are taken into consideration, including the severity of your injuries, the details of the accident, the extent of negligence by the other party, and the impact of the injury on your lifestyle, work, and future earning potential.

Remember, each case is unique and the value of your claim will be determined based on your individual circumstances. It's essential to consult with an experienced personal injury attorney in Phoenix who can provide a more precise estimation based on their assessment of your case. They can guide you through the process and work diligently to ensure that you receive fair compensation which you're entitled to under Arizona law.

How much does it cost to hire a personal injury attorney?

At Wyatt Injury Law we work on a contingency fee basis. This means you don't pay unless we successfully recover compensation for you. There may be other costs, like court fees or expert witness fees, which are usually deducted from your final settlement. Always understand the fee structure in your written agreement before hiring an attorney. While cost matters, also consider the attorney's experience, reputation, and your comfort with them.

Can I still recover damages if I was partially at fault in the accident?

Yes, you can potentially still recover damages even if you were partially at fault in an accident in Phoenix, Arizona. Arizona follows a legal rule known as "pure comparative negligence." This means that a damaged party can recover even if they were 99% at fault, though the recovery will be reduced by their percentage of fault.

Here's how it works: If you were involved in an accident and found to be 30% at fault, and the total damages were $100,000, you could still potentially recover 70%, or $70,000.

However, it's important to note that the determination of fault can be complex and contentious. Insurance companies may try to assign more fault to you to reduce the amount they have to pay out. Therefore, it is advisable to consult with a personal injury attorney who can help to ensure your rights are protected and you receive a fair determination of fault and compensation.

What if the person who injured me doesn’t have insurance?

If the person who caused your injury in Phoenix, Arizona, doesn't have insurance, you still have a few options for seeking compensation.

Your Own Insurance: Depending on the specifics of your insurance policy, you may be able to make a claim through your own coverage. This is particularly true for auto accidents where you may have uninsured motorist (UM) or underinsured motorist (UIM) coverage. UM/UIM insurance is specifically designed to cover your damages when the at-fault party doesn't have adequate insurance.
‍Personal Assets: If the person who caused the injury has sufficient personal assets, it might be possible to sue them directly and recover damages from their assets. However, this process can be complicated and time-consuming, and there's no guarantee of successful recovery.
Third-Party Liability: In some cases, a third party may bear some responsibility for your injuries. For instance, if you were injured by a drunk driver, a business that over served alcohol to that driver might be held partially responsible under Arizona’s dram shop laws. Or if the accident happened due to a defect in the vehicle, the car manufacturer might be held responsible.
MedPay (Medical Payments Coverage): If you have this type of coverage in your own insurance policy, it can cover your medical bills up to the limits of the policy, regardless of who was at fault.
Notify Your Insurance Company: Report the accident to your insurance company immediately. However, be cautious about what you say, and don't agree to a settlement or sign any documents without speaking to an attorney.

It's essential to consult with an experienced personal injury attorney in these situations. At Wyatt Injury Law we can evaluate your case, explain your options, and help you pursue the best course of action for obtaining the compensation you deserve.

How can I pay for my medical bills while my case is pending?

Paying for medical bills while your personal injury case is pending can be challenging, but there are a few options:

Health Insurance: If you have health insurance, it can be used to cover the costs of your treatment. You may need to reimburse your health insurance from your settlement or award, though this depends on your specific policy.
Medical Liens: Some medical providers in Arizona may agree to provide medical care under a medical lien. This means they will provide treatment now and will be paid out of any future settlement or judgment you receive.
MedPay Insurance: If you have Medical Payments Coverage (MedPay) on your auto insurance policy, it can be used to pay your medical bills up to the limit of your coverage.
Payment Plans: Some healthcare providers may be willing to set up a payment plan to allow you to pay your bills over time.
Government Assistance Programs: Depending on your circumstances, you may qualify for government assistance programs such as Medicaid.

At Wyatt Injury Law we can help guide you through the process, ensure that necessary medical treatment isn't delayed, and work to negotiate with medical providers, when appropriate. We will also strive to get your case resolved as efficiently as possible so you can settle your medical bills.

What are some of the pitfalls or common mistakes to avoid when filing a personal injury claim?

Here are some common pitfalls or mistakes that people often make when filing a personal injury claim:

Not Seeking Immediate Medical Attention: Not only is this vital for your health, but it also provides a medical record of your injuries. A delay can be used against you by the insurance company to argue that your injuries weren't serious or weren't related to the accident.
Not Preserving Evidence: Evidence, including photographs of the accident scene and your injuries, property damage, witness information, and any relevant documents, can significantly impact your case. Failure to gather and preserve this evidence can hurt your claim.
Admitting Fault or Apologizing: Even if you think you might be at fault, it's best not to admit blame or apologize at the scene. Fault is determined based on all the evidence, and you may not be fully aware of all the factors involved.
Giving a Recorded Statement to the Other Party's Insurer: Be cautious about speaking with the other party's insurance company, as they might try to get you to say something that could harm your claim. It's usually best to consult with an attorney before giving any statements.
Not Following Medical Advice: Failing to follow your doctor's treatment plan can hurt your claim, as it can be interpreted as a sign that your injuries aren't serious.
Settling Too Quickly: Insurance companies often offer a quick, low settlement hoping you'll accept it before you understand the full extent of your injuries and damages. It's crucial not to rush into a settlement.
Posting on Social Media: Posting about your accident, injuries, or activities can potentially hurt your claim. Insurance companies may monitor your online presence and use any information against you.
Not Hiring a Personal Injury Attorney: Personal injury law can be complex, and an experienced attorney can help you navigate the system, avoid pitfalls, and represent your interests to achieve the best possible outcome.

By avoiding these common mistakes, you can increase your chances of a successful personal injury claim.

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