If you’ve been injured in an accident caused by another person, you might be wondering what you can do to seek compensation. The time after an accident is never easy – especially if you experience lost wages, extensive medical bills, along with pain and suffering. To help you determine if you have a valid personal injury claim, our team at Suzuki Law Offices explains what is needed to file a lawsuit.
#1: Duty of Care
To have a personal injury claim, you must be able to demonstrate that the defendant had a duty of care to you. For example, if you were injured in a car accident, you need to prove that the individual(s) you think is responsible for your injuries breached the duty of care.
Arizona drivers have a responsibility to follow traffic laws – this can be seen as a duty of care. It is a privilege to drive in the state of Arizona. Therefore, drivers have a duty of care to other drivers and pedestrians on the road.
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#2: Breached the Duty of Care
If you can establish that the party responsible for your injuries had a duty of care, you will also need to prove that the duty of care was breached. In the car accident example, you would need to demonstrate that the driver violated traffic laws and, as a result, caused your injuries in an accident. Common forms of breached duty of care in car accidents include:
Drinking and driving
Violating traffic laws (running a red light)
Hit and runs
#3: Injuries Were Sustained as a Result of Breached Duty of Care
Once you prove that the party responsible had breached their duty of care, you will need to demonstrate that it caused your injuries directly. For example, if you were injured in a car accident while another driver was distracted, you would need to demonstrate that their distraction caused the accident. Was their texting and driving the reason why they collided with your vehicle? Were they intoxicated while they merged into your lane and hit your vehicle?
Ask yourself similar questions to determine if their breached duty of care was the cause of your injuries.
#4: Accident Occurred within Two Years
There are strict statute of limitation laws in Arizona for personal injury cases. In Arizona, you only have two years to file a personal injury claim after suffering injuries in an accident. You must also keep in mind that building a strong case requires time because you will need to gather the proof listed above to have a valid claim. For such reasons, if you were recently injured in an accident, it is vital that you act fast to seek compensation for your injuries.
Filing a personal injury claim can help you get the compensation you deserve to cover past and future medical bills and lost wages. You can get the monetary compensation you need to protect yourself and your loved ones during this challenging time.
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Arizona Personal Injury Attorneys
If you were injured in an accident caused by a negligent individual, you have rights that protect you. All hope may seem lost after suffering injuries in an accident, but with the help of an experienced attorney, you can get the support and help you need. Our team at Suzuki Law Offices has helped those injured in car accidents across Arizona. We take the time to understand our clients’ cases and help them develop a strong case. We have the knowledge, skills, and experience needed to help you get the best possible outcome.