Can I Sue if I Wasn’t Physically Injured in an Arizona Car Accident?
Experienced Accident Attorneys in Phoenix, AZ
If you have been involved in a car accident, but were lucky enough not to sustain physical injuries, then you may be wondering whether you are entitled to sue the defendant(s) responsible for the accident.
In Arizona, plaintiffs who (by chance) avoided physical injury can bring a lawsuit, assuming that there are “some” measurable damages. These damages need not be associated with a physical injury — Arizona law entitles plaintiffs to recover property damage caused to their vehicle, and for any emotional distress that they may be experiencing in the wake of an accident.
Let’s take a closer look.
Property Damage is Sufficient to Make for an Actionable Claim
You do not have to have suffered physical injuries in order to sue and recover damages from the liable defendant. In Arizona (and other jurisdictions), a tort action — here, one arising from a car accident — can be pursued even without damages based on physical injury-related losses.
Suppose, for example, that you are involved in a car accident where you are miraculously left unscathed, but your car is totaled. The defendant-driver was intoxicated at the time of the accident, and as such, can be held liable for the damages. Under such circumstances, you would be entitled to bring an action against the defendant to recover compensation for whatever losses you did suffer: here, property damages for the car getting totaled (along with replacement costs for renting a car in the meanwhile, or purchasing a new car).
Emotional Losses May Give Rise to Damages
Worth noting is the Arizona may also give you a right of action to recover damages that are linked to “emotional distress” or “mental anguish” caused by the car accident. In the wake of a car accident, for example, you may experience nightmares and PTSD-like episodes that can have an impact on your quality of life. In extreme cases, you may be impaired at work or in your social life.
Emotional distress damages fall under the “pain and suffering” category, and as such, form a key component of any car accident dispute. You may also bring a separate action for emotional distress — either intentional infliction of emotional distress or negligent infliction of emotional distress, and thereby recover for damages that do not necessarily flow from a physical injury.
Contact Hirsch & Lyon for Comprehensive Legal Representation
Here at Hirsch & Lyon, our team of Phoenix accident attorneys has extensive experience working with clients in a range of injury disputes, including car accident cases. We strive to engage clients early and often in the litigation process so that we can gain insight into the specific circumstances surrounding their dispute, as well as their goals and limitations — by doing so, we are better equipped to tailor our legal representation to the particulars of their case.
Over the years, this approach has helped us secure significant results through negotiated settlement and in trial litigation, alike.
If you’d like to have your claims evaluated, contact us at 602-598-4786 or complete an online intake form to schedule a free consultation.