Do I Need a Personal Injury Lawyer?
If you sustained injuries from an accident, there’s a good chance you would benefit from the help of a personal injury lawyer. Contrary to popular belief, an attorney doesn’t just help clients win courtroom battles. A Phillips Law Group attorney can walk you through every stage of a personal injury claim, from filing a claim with an insurance company to representing you in a lawsuit.
Why You Should Hire a Lawyer for an Insurance Claim
When you have an accident that results in injuries, your first concern is getting the medical attention you need. Recovery may be a long and expensive process, and serious injuries can be life-altering. You should not bear the brunt of the financial toll if another party was liable for your accident. Even if you share some blame, you still have a right to pursue fair compensation reflecting the other party’s responsibility.
Understanding Insurance Laws
State insurance laws establish the regulatory framework for the type of insurance state residents need, how much coverage they must have, and what constitutes a claim. If you sustain injuries from an accident, the insurance laws determine where you file your claim. A personal injury attorney can help you understand state insurance laws for:
- Auto insurance: Whether you live in an at-fault car insurance or a no-fault car insurance state determines what company you file your claim with. At-fault states, like Arizona, file with the at-fault party’s insurance company. No-fault states file with their own insurance company, regardless of who is responsible for the vehicle accident.
- Property liability insurance: Not all property owners must carry liability insurance. Lending institutions usually require insurance before approving a property sale loan. If you have a slip-and-fall accident on a third party’s property, you file with their property insurance company.
- Workers’ compensation insurance: Arizona, like every other state, requires most businesses to carry employee workers’ compensation insurance. Employees who sustain injuries on the job file a claim with their employer’s workers’ comp insurance provider. Most often, employees can’t sue their employers and must seek compensation solely through workers’ compensation insurance claims.
An attorney can help you ensure you have the documentation and evidence you need to file a claim.
Determining Fault in Insurance Claims
In no-fault car insurance and no-fault workers’ compensation insurance states, you have a right to recover damages for your injuries, no matter who is at fault. However, obtaining a fair settlement is easier said than done. Insurance companies may fight you on what costs they will cover, denying the extent of the damages you received.
If the damages exceed policy limits, you may have to prove fault to pursue compensation from third-party providers. When liability is a consideration, you need to demonstrate that the other party was at fault for your accident. A personal injury lawyer understands how insurance companies determine fault and can help you present a claim with evidence that supports the other party’s liability.
Negotiating With Claims Adjusters
Negotiating with claims adjusters requires an in-depth understanding of the laws and how the insurance companies operate. You also often need the time and resources to persist despite their efforts to pressure you into giving up. If an insurance company offers you a quick settlement, you will likely find that the amount doesn’t cover the damages you incurred in the accident.
A personal injury attorney can assess the full extent of your losses so you don’t lose out with an unfair settlement offer. Phillips Law Group attorneys know how to handle the insurance companies. They can handle the negotiations while ensuring your rights are protected.
Why You Need a Personal Injury Lawyer for a Legal Claim
The reasons to hire a personal injury lawyer for a legal claim are not all that different from why you should work with one when filing an insurance claim. However, with a legal claim, you deal with defendant attorneys and the legal implications of state personal injury laws. Approximately 95% of personal injury cases settle out of court, but if your case goes to trial, you need someone knowledgeable and experienced in handling personal injury cases representing you in court.
How Personal Injury Laws Determine Legal Action Options
Before filing a legal claim, you must meet the legal criteria for personal injury claims. Laws vary regarding what constitutes sufficient grounds for a lawsuit for each type of personal injury claim. For instance, the requirements for a medical malpractice legal claim differ from those for a car accident lawsuit. An attorney can help you determine whether your case satisfies the requirements and provide you with your legal options based on the merits of your case.
How Personal Injury Laws Impact Settlement Outcomes
You can file a lawsuit if your case has merits for a legal claim. Generally, the parties involved enter negotiations before the case goes to court. During the process, the parties evaluate the evidence and negotiate a settlement amount. They also negotiate the percentage of liability to assign to each party. If all parties agree to the terms, the case is settled out of court. If not, the case moves to trial, and the jury or judge determines settlement amounts and liability percentages.
A state’s negligence law is one of the most significant personal injury laws to impact settlement outcomes. All but four states follow either comparative negligence or modified comparative negligence rules.
The Effect of Comparative Negligence on Personal Injury Settlements
When you file a legal claim, negligence rules determine what percentage of the settlement award you receive. Arizona and 12 other states have a pure comparative negligence law. According to this rule, your liability in the accident impacts how much of the calculated settlement award you receive.
You have a right to compensation, even if you were more at fault than the other parties involved. However, the amount you receive is based on your percentage of fault. If you were 90% at fault, you would receive the settlement amount minus 90%, or 10% of the total award. If you were 20% at fault, you would receive 80% of the settlement.
The Effect of Modified Comparative Negligence on Personal Injury Settlements
Modified comparative negligence is a more restrictive version of comparative negligence law. In the 33 states that follow these laws, the plaintiff has a right to collect damages minus a percentage equal to the plaintiff’s share of liability. However, if the plaintiff is more than 50% liable, the individual forfeits their rights to collect any of the calculated settlement.
The Benefit of Hiring a Personal Injury Attorney
A personal injury attorney pulls together all the evidence and testimony available to build a solid case for you. The lawyer ensures the settlement award presented reflects the entirety of the damages you sustained, and the evidence demonstrates the other party’s degree of fault. Your attorney represents you in pre-trial negotiations and the courtroom when necessary.
Furthermore, a personal injury attorney can make sure you don’t miss your opportunity to file a legal claim. Arizona’s statute of limitations gives you two years from the date of the accident to file a lawsuit.
Getting Help From Arizona Personal Injury Lawyers
If you were hurt in an accident, let Phillips Law Group help you pursue the compensation you deserve. We fight for you whether you file an insurance claim or a lawsuit. Contact us today for a free case evaluation. We don’t get paid unless you collect.
Jasmine helped me so so much I want to thank her ! And also Aaron , i was always scared after an accident , knowing I would have to deal with lawyers but not here . Luckily I’ve only been in 3 accidents but this time it was fast and easy . And i received all the treatments I needed to help me recover ! Thank you Jasmine and Aaron!
Sophia H is a pleasure to work with! Thanks for all you do.
Jasmine , did a great job . Highly recommend!!!!!
Liz was great
Liz Gonzales was great!!!!
Thank you Phillips Law Group for all the support and back to school assistance we appreciate it.
Sophia H is very helpful.
Jasmine Delgado is an amazing paralegal. She was patient, kind and extremely knowledgeable. Highly recommend Phillips law group
PLG is the best! Highly recommend. Love that they do so much to help the community.
Phillips is the best!! Love all that they do to give back to the community and how much they help those who are experiencing homelessness. ❤️