One of the most frightening things that can happen in your life is to be injured in an accident. In addition to the fear you have over your own safety and recovery, you’re also faced with a variety of legal issues that can be overwhelming. If you’ve been injured in an accident in Scottsdale, Arizona, what do you need to know?

1. Type and Cause of Injury is Important

There are several different types of personal injury. Many people think of auto accidents when it comes to personal injury law, and this is correct, it is one of the issues personal injury attorneys deal with most. However, there are also several other instances in which you would hire a personal injury lawyer. For instance, if you slip and fall on another person’s property, you would work with a personal injury attorney. If you are bitten by a dog or injured because debris falls on you from a building, a personal injury attorney would also assist you.

2. Injuries aren’t Enough to Guarantee Compensation

Just because you are injured doesn’t mean you’ll receive financial compensation for your injuries. In order to do so, you must prove that a third party did something wrong and caused your injuries. What does this mean?

Your personal injury lawyer will need to show the defendant owed you a duty of care, the defended breached this duty of care, you suffered serious injuries, and the breach of duty of care was the cause of your injuries.

Basically, the person you are suing must have some responsibility to you. If you trip and fall on a sidewalk and someone happens to be standing there watching, you are not able to sue that person because he or she was nearby. You can, however, sue the person responsible for maintaining the sidewalk, provided he or she neglected to keep up with maintenance and that led to your injuries that were serious enough to require medical attention.

3. You Likely Won’t Go to Court

While every case should be treated as if it is headed to court, most personal injury cases settle before they make it that far. Usually, a judge never gets involved because your attorney is able to negotiate a settlement with the parties’ responsible for your injury without the need for interference from a third party. There are very few personal injury cases that are unique in general, though the specific circumstances might be unique. Since there are cases before yours that have set a standard, attorneys for both sides are usually able to negotiate something that is fair based on the past.

4. You Don’t Need to Be Completely Free of Blame to File a Personal Injury Case

This is a common misconception. You can’t be completely responsible for your injuries, but it is possible to be partially at fault for an accident and still file a claim. It all depends on the details of your case and the state laws in which you reside, so even if you’re unsure how much responsibility you had in your case, it’s still a good idea to consult with a personal injury attorney.

You Have a Right to Compensation that Extends Beyond Your Physical Injuries

In addition to recovering money to cover the cost of your medical care in a personal injury case, you might also be able to receive lost income and emotional damages. Most accident victims receive compensation that includes:

• Medical expenses
• Lost wages
• Pain and suffering
• Disability
  Emotional stress

The court system takes into account the toll an injury takes on one’s life. In addition to physical pain and the need for medical care, injuries disrupt your life and might cause you to miss out on important events, including work. It’s more of a challenge to prove emotional injuries than it is physical ones, but it is possible.

If you are injured in an accident, keep careful records of everything that occurs. It’s even a good idea to keep a journal recording your thoughts and feelings about the event on a daily basis. And if you feel it could help, speak to a therapist. His or her documentation will be just as powerful as the information doctors give about your physical injuries.

5. Initial Settlements are Lower than You Deserve

Depending on your circumstances, you might be offered a settlement by the insurance company soon after your accident. This offer might seem substantial, depending on the amount of money you are used to dealing with. Regardless how generous the offer seems, it’s important to realize this is an initial low-ball offer. The more generous the offer, the more substantial your ultimate compensation will be.

The insurance company is hoping you’re naïve enough to accept it and save them a great deal of time and money dealing with your case. They will do everything in their power to make it appear as if they are on your side and want to help, but this is not the case. What they are doing is predatory and as the victim, you are entitled to compensation.

6. You Have a Limited Amount of Time to Act

In the world of personal injury, the sooner you take legal action the better. As a matter of fact, you have a legally limited amount of time to file a lawsuit. This statute of limitations in Arizona for personal injury is two years with the Discovery Rule. The Discovery Rule means the statute of limitations runs from when injury is, or should have been discovered.

For instance, if you are in a car crash that causes obvious injuries, the statute of limitations begins from the date of the car crash. It was obvious when the injuries occurred and even if subsequent injuries arise, you have two years in which to get the legal ball rolling.

However, let’s say you were injured by inhaling a dangerous chemical and didn’t realize you were breathing it in until you were diagnosed with a disease. It’s impossible to know the exact date on which exposure began, so the statute of limitations begins when the injury was discovered – your symptoms arose and/or you were diagnosed by a doctor.

Schedule a Consultation with an Arizona Attorney After Your Accident

There are many factors that play a role in a personal injury case, which is why it’s so important to work with an experienced personal injury attorney in Scottsdale, Arizona. If you’ve been injured and you’d like to speak to someone about taking legal action, contact Warnock MacKinlay Law at 602.833.0933.