Who Has to Pay for a Personal Injury Claim?
Some people are afraid to sue for damages after an injury, because they are afraid that the claim will hurt another person financially. However, not all damages awarded in personal injury claims must be paid by the individual at fault. They can also be paid by entities like businesses, and sometimes they can be paid by insurance. If you were injured in an accident, here’s what you need to know.
What Is a Personal Injury Claim?
If you or a loved one has been injured due to someone else’s negligence, you have the right in Arizona to file a personal injury claim. These claims allow you to seek financial compensation from the person or entity responsible for the injury. You can request money for medical bills, lost wages, or even pain and suffering.
Examples of personal injury claims include:
- Motor vehicle accidents, especially those involving drunk drivers
- Slip-and-fall accidents
- Dog bites
- Product malfunctions
- Medical malpractice
Who Pays in a Personal Injury Claim?
Paying out a claim takes time to happen, and often can take several months to several years, especially if there is a trial. When it does come to a payout, there are several places where the money may come from.
An Individual
The person or persons who were negligent are partly responsible for paying out personal injury claims. Depending on the amount of damages awarded, and other factors if your claim is being paid out by an individual you might get a lump sum or have to work with the person to create a payment schedule.
An Entity
An entity can include a collection of individuals, businesses, unions, and departments (like the police department). Entities are common in product malfunction, and slip and falls at businesses.
An Insurance Carrier
If the at-fault party is covered by insurance, the insurance company will be responsible for the payout. This can be common with things like dog bites, slip and falls at a person’s home or business, and auto accidents.
Arizona Is an At-Fault State
In Arizona, whoever is considered at fault for the accident must pay for the damages. However, the fault can be divided among the parties involved, reducing the amount of damages you may receive.
For example, if you are hit by a car while crossing the street at night and you were not in a crosswalk, you may be partially at fault. While the driver might be mostly at fault, you were still partially to blame, and a judge may reduce the amount of your claim by the percentage they deem you at fault.
When Should I Hire a Lawyer?
Finding yourself or a loved one injured due to another person’s negligence can often feel overwhelming. Especially when there are medical bills to add on top of missing work and living expenses. While it might seem like a difficulty to hire a lawyer, it is worth the investment if you are filing a personal injury claim.
These cases often take weeks or months to plan, organize, and file. Once all that is done, you might luck out and not need to go to court. However, you only have two years from the accident date to file a claim. A lawyer with experience in personal injury lawsuits can help you navigate these strange new waters, and give you a better chance of winning your case.
Here at Van Norman Law, we understand your time is precious, and we’ll do everything we can to get your claim filed quickly. Our experience and dedication to our clients mean no one slips through the cracks, and every case is treated with care. If you have been injured in an accident, contact us today for a free consultation.
Images used under creative commons license – commercial use (3/2/24).Photo by Annie Spratt on Unsplash.