Arizona’s comparative fault laws allow accident victims to pursue compensation even if they are partially to blame for the incident they were injured in. People who are unaware of this doctrine might forgo legal action after getting hurt in a car accident that was partly their fault. That is, unless they hire an attorney from Zanes Law.
Our comparative fault attorneys in Phoenix can help you understand how the state’s laws apply to your case. They’ll also make sure that you get the compensation you deserve for your medical bills, lost wages, and other accident-related losses.
Understanding Comparative Fault in Phoenix
In Arizona, comparative fault (or comparative negligence) cases use a system where each party is assigned a percentage of fault. The amount of compensation you receive from the defendant for your injuries and losses will be reduced in proportion to the percentage of fault you’re assigned.
For example, if your accident left you with $100,000 in losses and your percentage of fault was 30%, you’ll be responsible for 30% of your losses, and the defendant will have to pay the other 70%. Since Arizona operates on a pure comparative fault standard, your percentage of fault can be as high as 99%, and you’ll still be allowed to receive financial remedies.
Your car accident lawyer will do their best to get your percentage of fault set at a percentage that accurately reflects your contribution to the accident. They’ll also defend you against dishonest plaintiffs who claim that your level of fault is higher than it actually is.
For a free legal consultation with a comparative fault lawyer serving Phoenix, call 866-499-8989
Arizona’s Comparative Faults Laws Don’t Apply to Accidents Caused by Intentional Acts
If it’s found that you wilfully contributed to the accident you were injured in, you won’t be able to benefit from comparative fault. This rule can protect you if you were injured in a crash caused by a motorist who was displaying signs of aggressive driving. If it’s proven that the driver was uncontrollably angry, they won’t be able to lower their liability by invoking comparative fault.
Our comparative fault attorneys in Phoenix are experts in litigating cases where both parties are partially to blame. They’ll make sure your level of fault is calculated correctly so that you can receive all the damages you deserve. Your lawyer will also answer any questions you have about Arizona’s laws so that you understand the logic behind your compensation.
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A Comparative Fault Attorney Will Investigate Your Accident
Since the amount of compensation you receive from your claim depends on your percentage of fault, your attorney will have to investigate your accident to find proof that shows how much you and the other party are to blame. Your lawyer will collect evidence and documentation to prove your level of fault, including:
- Police reports
- Witness statements
- Photos and footage of the accident scene
- Documentation of your injuries
- Testimony from accident reconstruction experts
- Your medical records
Once your lawyer has thoroughly analyzed all the evidence from your accident, they’ll likely be able to prove how much you and the other party contributed to the incident. The next step in the process will be to take your claim to the other driver’s insurance company to negotiate a settlement.
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A Phoenix Attorney Will Take Your Comparative Fault Claim to the Other Party’s Insurer
To get the compensation you need to recover from your injuries, pay your vehicle repair bills, and make up for lost wages, your comparative fault attorney in Phoenix will have to negotiate a settlement with the other party’s insurance company.
In a comparative fault case, negotiations can be a bit difficult, as the other driver’s insurance company will likely try to reduce their client’s percentage of fault to avoid paying you the amount of money you truly deserve.
Fortunately, your attorney will be armed with solid evidence and facts that reflect your true percentage of fault. They’ll use the evidence they found in the investigation phase to coax insurance adjusters into offering a settlement appropriate for your fault level.
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Damages You Might Receive From a Comparative Fault Claim in Phoenix
If your car accident lawyer is able to negotiate a settlement with the other party’s insurer, you may receive compensation for a number of different economic and non-economic losses. Here are some of the damages you may obtain through a comparative fault claim in Phoenix:
- Medical bills: These damages can help you pay for any current or future doctor’s visits, surgeries, treatments, medications, or medical devices you need to recuperate from your injuries.
- Lost wages: These damages can make up for a portion of the wages you’ve missed while attending medical appointments and staying home to recover from the accident.
- Vehicle repair costs: If your vehicle was damaged in the accident, your attorney can secure compensation to cover your repair bill.
- Reduced earning capacity: Some car accident victims are left with lifelong injuries and permanent disabilities that prevent them from working.
- Pain and suffering: If your injuries cause you to experience a significant amount of physical pain, a comparative fault lawyer can add these damages to your car accident claim.
- Mental distress: Serious car accidents can cause victims to develop symptoms of PTSD and generalized anxiety disorder. If your accident has impacted your mental health, your attorney can request these damages.
Remember, compensation from a comparative fault claim probably won’t cover the full value of your medical bills and other expenses. Since you were partially to blame for the accident, you’ll only be able to recover a portion of the losses you’ve suffered.
Contact a Comparative Fault Lawyer From Our Office in Phoenix
If you’ve been injured in a car accident that you partially caused, our Phoenix comparative fault attorneys can help you file a car accident claim. Our team will investigate your accident, collect important evidence, and make sure the percentage of fault you’re assigned is accurate.
Once they’ve finished negotiating with the insurance company, it’s highly likely that you’ll receive a settlement that reflects your level of fault and helps you cover a portion of your losses. To get started on your claim, contact Zanes Law. We’ll schedule a free case evaluation to learn more about your accident and determine if you have a legitimate claim.
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