Accident Fault and Damages


Accident Fault and Damages: Phoenix accident attorneys

Learning about how fault is determined, what to do and not to do after an accident, and who pays for the other driver’s damages when you are at fault will help you protect yourself and your rights after an accident, even if it was your fault.

Experienced Phoenix Accident Attorneys Serving All of Arizona

If you have suffered injuries in an accident due to the fault of another, then Arizona law may give you a right of action for damages. Speak to top Phoenix accident attorneys to take the guesswork out of your claim.

When you first begin to evaluate your Phoenix personal injury claim, it may all seem rather straightforward — the defendant’s negligent or intentional misconduct may feel obvious, for example, and you may have sustained severe losses that you believe justify significant compensation. In truth, however, there are a number of unique challenges that you are likely to encounter. The defendant might argue that you are entitled to a reduced recovery due to your own fault contribution. Alternatively, the defendant might argue that their actions are not causally linked to the purported losses.

Given the likelihood of complication, it’s important that you work with an experienced accident attorney who understands what it takes to successfully litigate a personal injury claim at every stage of the process. Contact Hirsch & Lyon today to speak with Phoenix accident lawyers about your claims.

What Makes for an Actionable Injury Claim in Arizona?

There are a number of theories on which an injury claim may be based, and as such, there is significant diversity in how liability must be established. Generally speaking, however, the injured plaintiff must be able to demonstrate that they actually suffered losses, and that those losses were caused by the defendant’s misconduct (whether negligent, intentional, or otherwise).

Damages Your Phoenix Accident Attorneys Will Try to Recover For You

Damages in a personal injury lawsuit can vary significantly from case-to-case, depending on the unique circumstances surrounding the accident, the egregiousness of the defendant’s misconduct, and the severity of the injury, among other factors.

Potential damages include, but are not necessarily limited, to the following:

Comparing Economic and Non-Economic Damages

Economic damages for…

• Medical expenses
• Wage loss
• Loss of earning capacity
• Property loss
• And more

Non-economic damages for…

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• And more

If the defendant acted willfully and/or maliciously, such as in a drunk driving case, then the court may also choose to award punitive damages, which are intended to “punish” the defendant for their behavior and discourage others from doing the same. Punitive damages in Arizona can multiply the total damages by up to nine times their original amount, thus giving rise to the multimillion dollar verdicts that populate the general public’s conception of personal injury litigation.

It’s worth noting that Arizona does not cap personal injury damages. You are entitled to full compensation for whatever losses you have actually sustained. Hirsch and Lyon also offers discounted contingency fees which means you receive even more damages from your injury claim.

Comparative Negligence Laws for Motor Vehicle Accidents in Arizona

In Arizona, the doctrine of pure comparative negligence is applied to personal injury litigation and associated compensation. Pure comparative negligence is a relatively straightforward concept — simply put, the plaintiff is entitled to recover compensatory damages even if they are partially at-fault for their own injuries. In fact, pure comparative negligence so favors the plaintiff’s interests that the plaintiff-litigant is entitled to recovery in situations where they are found 99 percent at-fault!

Confusing? Let’s clarify with a brief example.

Suppose that you are injured in a car accident, and the damages you sustained total to roughly $250,000. Importantly, the court finds that you were speeding at the time of the accident, and therefore determines that you were partially at-fault for your own injuries. The court evaluates the evidence and assigns you 50 percent fault. You would then be entitled to recover just half of the total damages, or $125,000 in this case.

Several Liability for Multiple Defendants

In many accident scenarios, there are multiple defendants who have contributed to the plaintiff’s injuries. Each defendant may be assigned a percentage of the total fault. Under Arizona law, each defendant is only liable for an amount of damages proportional to their fault contribution — this doctrine is known as “several liability.” For example, if a defendant is 10 percent at-fault in a case worth $100,000, then they may only be held responsible for $10,000 in damages.

Contact the Phoenix Accident Attorneys at Hirsch & Lyon for a Free Consultation

Here at Hirsch & Lyon, our Phoenix accident attorneys have decades of experience representing the interests of personal injury plaintiffs in a variety of motor vehicle accident scenarios.

We pride ourselves on our deep commitment to clients, and this is reflected in the many positive ways in which we serve their interests — unlike many of our competitors, we are available 24/7 to respond to any and all inquiries that a client may have regarding their injury claims. Further, we offer discounted contingency fees that ensure a client can keep more of what they receive through the litigation process.

If you’d like to learn more about your Arizona accident claim and what we can do to assist you in pursuing such claims, call 602-535-1900 or contact us online to schedule a free and confidential consultation with the skilled Phoenix injury lawyers at our firm today. We have offices throughout Arizona.

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