Arizona Accident/Injury Law

More on Arizona Accident/Injury Law

What does Arizona law require?

Any injury case requires proof of four elements. First, there must be a duty owed to the injured person. For example, each driver has a duty to control their vehicle, and avoid accidents with other drivers. Further, physicians have a duty of care to their patients. Product manufacturers have a duty to made safe products. Generally, it is not difficult to establish that a duty of care was owed.

Second, an injury case requires a showing of breach of duty. Where someone has violated traffic laws, such as failure to yield right of way, running a red light, or rear-ending a car at a high speed, a duty of care has clearly been breached. Where a physician falls below the standard of care, or a product has been deemed unreasonably dangerous, a duty has been breached. In simple terms, a breach of duty is the failure to act responsibly, resulting in an accident or injury.

Which leads to the third issue: causation. In any injury/accident case, the attorney must prove that the accident was the cause of injury. For example, if someone had a physical condition prior to an accident, and the condition was unchanged following the accident, the accident would not be deemed a cause of the condition. However, if the accident worsened the condition, it can be deemed a cause of the worsening, and recovery is available. Certainly, where an accident results in broken bones, dislocated joints, torn tendons, or other types of clearly diagnosable injury, causation is easily established. Nevertheless, causation can also be established in what are called “soft tissue” cases, where an individual has muscle strains, ligament sprains, and lingering pain as a result of an accident.

Fourth, an injury/accident claim requires proof of the extent of damages. To do so, documents and witness testimony are often needed, to establish the extent of harm. Often, such damages will include past and future medical bills, as well as past and future loss of earnings. Often, the extent of damages includes pain and suffering, both past and future. The losses might include damage to property, including diminished value of a motor vehicle, loss of use, and rental vehicle expenses.

What should I do after an accident?

If you are in an accident, and once law enforcement has taken all necessary information, our general recommendations are as follows:

1. Seek medical attention and follow the recommendations made by your physicians.

2. Identify the insurance companies involved, but decline to give any recorded statements for the adverse insurance carrier.

3. Consult with legal counsel of your choosing, as each case is different, and there are no absolute rules that apply in every case.

4. Among the issues to discuss with legal counsel, find out the specific statute of limitations for your matter. For example, Arizona generally has a two year statute of limitations. However, there are some matters that are subject to a one year statute of limitations, and other matters that are subject to a six month notice of claim requirement.

Overall, the top priority is to get medical care and focus on your recovery. Please feel free to call us to help handle everything else.