After any type of auto accident in Gilbert, if you have suffered injuries or incurred vehicle damage, you likely want to understand your options for securing compensation for your losses. A Gilbert car accident lawyer could provide you with clarity and dependable counsel during the stressful period that typically follows a crash.
The potential damages a plaintiff could recover for their losses generally fall into three, main categories: economic damages, non-economic damages, and punitive damages. Economic damages are ones that are calculable, such as the costs of car repairs, past and future medical bills, and lost income. Non-economic damages refer to other losses like pain and suffering, disfigurement or disability, and emotional distress.
Examples of common damages a car accident attorney in Gilbert could help the plaintiff recover include the following:
In rare cases, the court may award punitive damages to the plaintiff if the defendant’s actions were particularly egregious and displayed gross negligence. Punitive damages are designed not only to punish the at-fault party for their actions, but serve as a disincentive to similar conduct.
In the state of Arizona, the statutory deadline that impacts car accident cases is the same as the one that applies to all personal injury claims. Arizona law sets a two-year time limit for filing a car accident claim, whether the claim is for an injury, property damage, or wrongful death. Anyone injured in a Gilbert car accident, whether a driver, bicyclist, pedestrian, motorcyclists, or passenger, must file their lawsuit within two years of the date of the collision.
If someone attempts to file suit after the two-year statutory deadline has passed, the court may refuse to hear their case. An experienced Gilbert car accident lawyer could work to file a claim promptly and meet crucial deadlines.
Under Arizona Revised Statutes §12-2505, known as the state’s comparative negligence law, if the jury finds the plaintiff to be at fault, the individual can still recovery damages for their losses. However, their compensation would be reduced by the degree of fault assigned to them.
While most states followed the modified comparative fault rule, that only permits the plaintiff to recover damages if their fault was 50 percent or less, Arizona law allows injury victims to recover compensation even if they are up to 99 percent to blame. For instance, if the plaintiff is assigned 60 percent of fault in the crash, they could still recover 40 percent of the total damages awarded to them by the court.
If you have been injured in a car accident, you may be eligible to receive financial compensation for your losses. The extent of the compensation available will primarily depend on the facts of the crash and proving the liability of the other party. Contact a Gilbert car accident lawyer now to find out what you could be entitled to.