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Statistics collected by the Arizona Department of Transportation indicate that the roads in the Grand Canyon State are just about as dangerous now as they have ever been. Last year saw increases in both traffic accident fatalities and injuries compared to the year prior, and many of those accidents stemmed mostly or entirely from the misconduct of just one person involved in them—and often not the person who ended up getting seriously hurt.
When you are dealing with severe injuries due to a wreck you were not at fault for, you should strongly consider speaking with a Gilbert car accident lawyer about the possibility of civil litigation. Enforcing your legal rights with assistance from a dependable personal injury attorney could be key to covering your short-term expenses and minimizing the negative impact your accident will have on your life in the long term.
Fortunately for people injured in crashes caused by someone else, Arizona is a “fault” state when it comes to car accident litigation, meaning there is nothing stopping an accident victim from filing suit immediately against the person to blame for their wreck. That said, it is important to understand how holding someone legally liable for an auto accident actually works in practice, as well as how vital the support of a seasoned Gilbert car accident attorney is to achieving a favorable case result.
In a nutshell, successful car accident claims are almost always based on the legal theory of “negligence,” which holds that someone who causes an injury to someone else through their own reckless or careless breach of a “duty of care” is financially liable for every form of harm the injured person suffers as a direct result of their injury. In the context of car accident litigation, “breaches of duty” very often take the form of traffic offenses like speeding or running a light. It is also possible to file suit over less obvious types of misconduct like driving while distracted.
It may also be important when pursuing a civil claim over a car crash to prove that there was no “comparative negligence” involved—in other words, that the injured person filing suit was not partially to blame for causing their own losses through their own negligent conduct. Otherwise, a court could assign a percentage of “comparative fault” to that injured person and reduce their final damage award proportionally.
Assuming no issues with comparative fault, though, someone who proves someone else liable for injuring them through a wreck may recover for both economic and non-economic damages like:
A car accident lawyer in Gilbert could go into further detail about what losses a particular person could factor into their claim during a private consultation.
Car crashes cause more personal injuries than any other type of accident across the state of Arizona. However, just because these kinds of incidents are common does not mean they are easy to file suit over. This is something many people learn the hard way when they try to demand civil compensation after a wreck without help from a knowledgeable legal professional.
A Gilbert car accident lawyer who is not afraid to go to trial if necessary to get you paid what you need could be an irreplaceable ally throughout your legal proceedings. Call the Phillips Law Group today to learn more.
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