How Personal Injury Claims Work in Arizona: A Step-by-Step Guide

If you were hurt due to someone else’s negligence, you may have the right to seek compensation for all your expenses and losses that follow. Most cases move through a personal injury claim process that includes investigation, insurance negotiations, and, when needed, a personal injury lawsuit. The legal process can feel long and confusing, especially while you are getting medical treatment and trying to recover.  

When you work with Mushkatel, Gobbato, & Kile, P.L.L.C., an experienced Arizona personal injury attorney can help ease your stress by guiding you through each step, communicating with the insurance company, and helping protect your right to recover damages while you focus on healing.

What Is a Personal Injury Claim?

A personal injury claim is a formal demand for compensation after an accident causes harm. These claims focus on financial recovery for injuries, expenses, and personal losses. Typically, in personal injury claims, the injured person and their attorney will present evidence to the responsible party’s insurance company, including medical records, proof of lost wages, and information showing how the injury occurred.

Who May Qualify for a Personal Injury Claim in Arizona?

Injuries can happen in many settings, from Arizona roadways to public, private, and commercial properties. If you suffered a serious injury due to someone else’s negligence, you may qualify to seek fair compensation through an injury claim. Common examples include:

• Motor vehicle accidents
• Premises liability accidents
• Slip-and-fall accidents
• Dog bites
• Workplace accidents
• Medical malpractice incidents
• Wrongful death accidents

What You Should Do If You Have Been Injured

Even though you suffered injuries in an accident someone else caused, going through the Arizona injury claim process may still seem daunting to you. The process becomes more manageable by taking practical steps and working with an attorney at Mushkatel, Gobbato, & Kile, P.L.L.C, who understands personal injury law and the steps you should take to protect your health and legal rights, including:

• Get medical care – Seek emergency treatment or first aid at the scene. See a doctor as soon as possible, follow all medical treatment recommendations, and keep copies of your medical records.
• Report the incident – Call 911 or report the accident to the police, property owner, dog owner, etc. … to establish an official record of the incident.
• Gather evidence – If possible, take photos and videos of the accident scene and any damage or injuries. Get the contact and insurance information of any other involved parties, as well as the names and contact info of any eyewitnesses.
• Talk to a personal injury lawyer – Contact an Arizona personal injury attorney right away to discuss your legal options. We can get to work right away on preserving and gathering evidence to support your claim.
• Participate in negotiations – Your lawyer can send a demand letter to the other party’s insurance company and respond to the insurance adjuster’s questions. Many personal injury claims get settled during negotiations when the evidence supports fair compensation.
• File a lawsuit – If the insurance company refuses to make a fair offer, we will be prepared to file a personal injury lawsuit on your behalf.
• Participate in mediation or arbitration – Before your case goes to court, both sides can pursue a settlement agreement through mediation or arbitration, which helps avoid the time and expense of going to court.
• Go to trial – If negotiations still don’t resolve your case, it may proceed to trial. We prepare each case as if it is going to trial. We will be ready to advocate for you in the courtroom.

Arizona Laws That Can Affect a Claim

Personal injury claims filed in Arizona are subject to state law. While many laws can affect a specific claim, two specific laws can have a major effect on your outcome: Arizona’s comparative negligence rule and the statute of limitations.

• Comparative negligence – Under Arizona’s comparative negligence rule, a claimant’s action is not barred just because the claimant shares some responsibility. Instead, the full damages are reduced in proportion to the claimant’s share of fault. However, Arizona law does not provide comparative negligence protection to someone who intentionally, willfully, or wantonly caused or contributed to the injury or wrongful death.
• Statute of limitations – Arizona has a statute of limitations that sets the deadline to file a personal injury lawsuit in court. In most Arizona personal injury cases, a person must start the case within two years after they suffer injury in an accident. The wrongful death statute of limitations is two years as well. It starts to run on the date of the person’s death. Because of these deadlines, and the need to preserve potentially critical evidence, you should consult with an attorney as soon as possible to preserve your rights.

Damages That Could Be Recovered in an Arizona Personal Injury Claim

Personal injury compensation is not limited to repayment of immediate medical bills. If you seek compensation for injuries in Arizona, you may be able to recover damages for a variety of expenses and losses, including:

• Past, ongoing, and anticipated future medical expenses
• Lost wages, including lost future earning capacity or potential
• Physical and emotional pain and suffering
• Diminished quality and enjoyment of life
• Loss of companionship
• Damage to personal property, including your vehicle

A key part of your Arizona personal injury attorney’s investigation is identifying the full scope of your harm and calculating the compensation you need and deserve to address it. We will review medical records, wage information, witness statements, and other evidence to understand how the accident affected your health, work, and daily life.

How Mushkatel, Gobbato & Kile Can Help

After an injury accident, you need a lawyer you can trust to manage the details and take pressure off you during recovery. Mushkatel, Gobbato, & Kile, P.L.L.C. brings a service-based approach to our clients in Phoenix, Scottsdale, and the West Valley. We take pride in being a firm that is small enough to provide personalized representation and large enough to handle complex, resource-intensive cases. When you work with us, we will:

• Review the facts of your case and help you understand your rights and options under Arizona law
• Conduct a thorough investigation into the accident and gather all available evidence to identify all potentially liable parties
• Handle communications with the insurance company and negotiate in pursuit of a fair settlement
• If negotiations do not lead to fair compensation, we’ll prepare your case for litigation and file a lawsuit in court when appropriate.

Contact an Arizona Personal Injury Lawyer

Mushkatel, Gobbato, & Kile, P.L.L.C., is prepared to provide the comprehensive and compassionate legal representation you need after an injury accident. Our Arizona personal injury attorneys bring decades of combined legal experience, straightforward guidance, and a team-based approach to every case.

Clients often describe our firm as practical, responsive, and personal. For instance, in one auto accident case, a former client, “Albert,” shared that our founding attorney, Zachary Mushkatel, was “a very calming influence and persistent advocate” who helped with the “confusing” world of auto accident claims, medical claims, and health care insurance billing. The client was “very happy with the final settlement amount.”

We are ready to go to work for you today. If you need help understanding your personal injury claim and the rights and options available to you, contact our office today.