If you have been injured in an accident in Mesa, Arizona, you are probably wondering what your legal options look like and how the process actually works. Personal injury law can feel complicated when you are trying to recover from your accident at the same time.
Below are answers to some of the most frequently asked questions (FAQs) our personal injury lawyers hear from accident victims in the Mesa area. If you have additional questions about your specific case, we encourage you to reach out for a free consultation.
Do I Have a Valid Personal Injury Claim in Mesa?
To have a valid personal injury claim in Arizona, you generally need to show that someone else’s negligence caused your injuries. In legal terms, this means proving four elements:
- The other party owed you a duty of care.
- They failed to meet that duty through their actions or inaction.
- That failure directly caused your accident.
- You suffered real damages as a result.
This framework applies to car accidents, slips and falls, medical malpractice, and most other types of injury cases. If you are unsure whether your situation qualifies, speaking with a lawyer is the best way to find out.
How Long Do I Have to File a Personal Injury Lawsuit in Arizona?
Arizona law generally gives victims two years from the date of their injury to file a personal injury lawsuit. This deadline is set by the statute of limitations under ARS Section 12-542, and missing it will almost certainly mean losing your right to seek compensation.
There are a few limited exceptions worth knowing about, such as:
- The discovery rule may apply if you did not immediately realize you were injured or did not know the injury was connected to the incident. In those cases, the clock may start on the date you became aware of the injury.
- Minors have two years from their 18th birthday to file.
- Claims against government entities follow a much shorter timeline. You must file a notice of claim within 180 days of the injury, and any lawsuit must be filed within one year.
It’s best to contact an attorney for help as soon as you can to ensure your claim is filed in a timely manner.
What if I Was Partly at Fault for My Accident?
Arizona follows a pure comparative negligence rule under ARS Section 12-2505. This means you can still pursue compensation even if you were partially responsible for the accident that caused your injuries.
Here is how it works in practice. If a jury finds that your total damages are worth $100,000 but determines that you were 30% at fault, your award would be reduced by 30%, leaving you with $70,000. There is no cutoff point that bars recovery entirely, so even someone who is 99% at fault can technically still collect damages.
What Types of Damages Can I Recover?
Arizona does not place a cap on compensatory damages in most personal injury cases. The types of compensation you may be eligible to pursue include:
Economic damages cover your measurable financial losses, such as:
- Medical bills, both past and future
- Lost wages and reduced earning capacity
- Property damage
- Out-of-pocket expenses
Non-economic damages address the less tangible impact of the injury on your life, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Mental anguish and trauma
Arizona also allows punitive damages, but only in rare cases involving egregious misconduct by the defendant.
How Much Does It Cost to Hire a Personal Injury Lawyer in Mesa, AZ?
Most personal injury attorneys in Mesa work on a contingency fee basis. This means you do not have to pay anything up front to get started with your case, and your lawyer only collects attorney’s fees if they recover compensation for you.
The exact percentage your lawyer will take if they win can vary depending on the complexity of your case. You’ll sign an agreement so that you won’t be caught off guard.
How Much Is My Mesa Personal Injury Case Worth?
There is no universal answer to this question. Since every case involves a unique set of facts and circumstances, every case has a unique value at the end of the day as well.
Some of the factors that can affect how much your claim is worth include:
- The severity of your injuries and whether they are permanent
- How much you have spent on medical treatment so far, and how much you will need going forward
- Whether you are able to return to work, and in what capacity
- The amount of pain and suffering the injury has caused you
- How persuasive the evidence is to support your version of events
- Whether you share any percentage of fault for the accident
- The limits of any applicable insurance policies
Working with an experienced attorney can also influence your case’s value in ways you might not expect, such as by hiring expert witnesses to ensure all of your damages are accounted for.
Reach Out to Feller & Wendt, LLC, to Arrange a Free Consultation With a Mesa Personal Injury Lawyer
If you still have questions about your accident or your legal options, the best next step is to sit down with an experienced attorney who can give you answers based on your specific situation.
Contact Feller & Wendt, LLC, today at (480)-573-7601 for a free consultation with a Mesa personal injury attorney to learn more about your best course of action going forward. You may be entitled to substantial compensation from the opposing party.
