Ray Arenofsky - Attorney At Law

What Are The Top Misconceptions About Auto Accident Claims?


One misconception about auto accident claims is the belief that if a person gets hurt in an accident, then they will automatically get paid. It’s not that easy. Sometimes a matter is not a case, and sometimes there is no insurance on the other side to fund the recovery. If an accident case is handled properly, there will be many steps involved. The more complicated the case, the more steps involved, and the longer it will take to get paid. If a person does not get a reasonable offer from the at-fault party’s insurance company, then the case can be prolonged by having to negotiate and actually go to court. There is a lot to prepare for a settlement; you don’t just get hit and then get paid.

A lot of people rush through the process because they just want to get paid, but we always take the time to make sure that we are covering all of their injuries and all of their losses. It’s not like a lottery game; it’s a matter of fairness, precedent, and negotiations. With a good lawyer, all of this is covered. As a person who has never played chess before, you don’t want to try to play chess against an insurance company that plays it every day.

What Is Comparative Negligence? How Can It Impact My Auto Injury Claim In Arizona?

In terms of comparative negligence, every state differs. In some states, you collect nothing if you were even 2% at fault. In other states, you collect nothing if you were more than 50% at fault. Arizona is a state that pays the percentage that you are not at fault. In other words, if a defendant truck driver is 60% at fault and you are 40% at fault, then you’ll collect 60% of the recovery. We work extra hard at trying to get fair percentages. Sometimes we will have to obtain experts in order to determine who ran the light or what color the light was or whether or not the sun was shining into someone’s eyes. Everything has to be taken into consideration, and we try to get the highest percentage of recovery for our clients.

What Are The Time Limits For Bringing An Auto Accident Lawsuit In Arizona?

The statute of limitations for a vehicular accident is two years from the date of the accident. However, there are lots of exceptions. For example, if the person that gets hurt is 17 years of age or there is a passenger in the car that is five years of age, then the two-year statute is stopped from running and resumes once that person becomes 18 years of age. In other words, when you become 18 years old, you have the full two-year statute of limitations. Many of these cases get settled beforehand, and then the court approves them. Depending on how serious the injury is, you may have that option.

Cases involving municipalities or cities, states or government-owned utilities are very tricky. A notice has to be sent within six months of the date of the accident, and the lawsuit has to be filed within one year of the accident. If you miss either deadline mentioned above or the normal two-year statute of limitations, then your case is literally destroyed. So, you cannot delay. It’s very difficult to take a case that is just a couple of weeks away from reaching the two-year statute of limitations or any other statute. In fact, a lot of lawyers will turn these cases down because there is just too much responsibility and too little time to do too much.

Again, there are all kinds of little exceptions to the statutes of limitations, and they can be extremely tricky. You have to be very careful. For example, if an infant gets hurt and the parents don’t do something within a certain amount of time, then they can lose their right to be reimbursed for the medical expenses. I would dare not try to understand most of the statutes of limitations, because if you don’t guess correctly or if you get bad knowledge, then you won’t have a case at all.

For more information on Misconceptions About Auto Accident Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 345-0444 today.

Ray Arenofsky - Attorney At Law

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