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Clear Answers to the Most Common Questions Injury Victims Ask
Personal injury law can feel confusing, especially when insurance companies are involved and timelines are unclear. This FAQ answers the most common questions people in Arizona ask after an accident — in plain language, without legal spin.
These answers are meant to inform, not overwhelm.
Arizona uses a fault-based system, meaning the person who caused the accident is responsible for paying compensation through their insurance company.
After a claim is filed, the insurance company assigns an adjuster who investigates the accident, reviews medical records, and evaluates damages. Their role is to protect the insurer’s financial interests, not to advocate for the injured person.
Arizona follows pure comparative negligence, so even if you were partially at fault, you may still recover compensation. Your recovery is reduced by your percentage of fault, not eliminated.
Most claims are resolved through negotiation rather than trial, but the process heavily depends on documentation, liability clarity, and injury severity.
There is no single average settlement amount that applies to all Arizona car accident cases, but realistic ranges help set expectations.
Minor injury claims often settle between $10,000 and $25,000
Moderate injury claims commonly fall between $25,000 and $75,000
Serious injury claims may reach $75,000 to $250,000 or more
Catastrophic injury cases can exceed six or seven figures, depending on insurance coverage
Settlement value depends on injury severity, medical costs, lost income, fault allocation, and available insurance limits. Two similar injuries can result in very different settlements based on how the claim is handled.
Compensation in Arizona is based on economic and non-economic damages.
Economic damages include medical bills, future medical care, lost wages, and reduced earning capacity. These are calculated using records and documentation.
Non-economic damages include pain and suffering, emotional distress related to physical injury, loss of enjoyment of life, and permanent impairment. These are more subjective and depend on injury impact, duration, and consistency of documentation.
Once total damages are calculated, Arizona’s comparative negligence rule is applied, reducing compensation by any percentage of fault assigned to the injured person.
There is no official formula or multiplier required by Arizona law.
Filing a personal injury claim in Arizona does not automatically require legal representation.
Minor injury claims with clear liability and low medical costs can sometimes be handled directly with the insurance company. However, early mistakes can significantly reduce claim value.
Most Arizona personal injury attorneys work on a contingency fee, meaning:
No upfront legal fees
The attorney is paid only if the case resolves successfully
Fees are a percentage of the recovery
Legal fees often make sense when injuries are moderate or severe, liability is disputed, or future medical care is involved. The focus should be on net recovery, not just avoiding fees.
Most personal injury settlements in Arizona are not taxable under federal law when they compensate for physical injuries or physical sickness.
This typically includes:
Medical expenses
Pain and suffering tied to physical injury
Compensation for physical impairment
However, certain portions may be taxable, such as:
Punitive damages
Interest earned on a settlement
Emotional distress not tied to physical injury
Some forms of lost wages
Arizona generally follows federal tax treatment. Large settlements or settlements involving multiple damage categories should be reviewed by a tax professional before finalization.
There is no fixed timeline for personal injury claims in Arizona.
Typical ranges include:
Minor injury claims: 3–6 months
Moderate injury claims: 6–12 months
Serious or disputed claims: 12–24 months
Litigated cases: 18–36 months
Medical treatment duration, insurance company behavior, liability disputes, and whether a lawsuit is filed all affect timing.
Rushing a claim often results in lower compensation, especially when future medical needs are not yet known.
No. Most personal injury claims in Arizona settle without going to trial.
Even when a lawsuit is filed, many cases still resolve through settlement before trial begins. Court involvement usually becomes necessary only when liability is disputed or settlement negotiations fail.
Filing a lawsuit is often a strategic step, not a guarantee of trial.
In most cases, Arizona law allows two years from the date of injury to file a personal injury lawsuit.
Claims involving government entities often have much shorter notice deadlines and special requirements.
Missing the deadline can permanently bar recovery, regardless of how strong the case is.
In most cases, no.
Early settlement offers are often made before:
Medical treatment is complete
Long-term effects are known
Full damages are documented
Once a settlement is accepted and a release is signed, the claim is permanently closed. Accepting early offers often shifts future costs to the injured person.Our firm advocates for victims and helps hold people accountable. Contact us today to discuss your case with our auto accident lawyer.
If you’ve been in an accident, it’s important to take steps to protect your health, well-being, and legal claim. First, move your car to a safe area on the side of the road, if possible. However, do not attempt to move your car if it’s not drivable or if you’re significantly injured. Next, call 911 if you’re seriously injured. If you don’t need an ambulance, you should still call the police to report the accident. While waiting for the police, you can exchange information with the other driver but do not engage in conversation.
When the police arrive, answer questions matter-of-factly but do not admit fault, even if you think you’re partially responsible. Your feelings of guilt and responsibility might not match the laws, meaning you could be completely innocent. However, if you admit guilt, the insurance company might use that statement to deny your claim.
Take photographs or videos for evidence, including any damage and road conditions. Also, if witnesses are present, get their information. After you have the information, contact an auto accident lawyer to discuss your case. The attorney can speak to the insurance company on your behalf.
If you don’t hire an auto accident lawyer, the insurance adjuster will contact you directly if you’re seeking damages. Unfortunately, insurance adjusters use numerous tactics to get accident victims to accept low settlements that won’t help them if they need long-term medical care. Often, the adjusters pretend to be friends with the accident victim, lowering the person’s defenses. They also might attempt to get the victim to make recorded statements that can be used as evidence against them. This can hurt your case, even if you don’t admit fault. Thus, it’s wise to consult with an attorney before speaking to the insurance company.
In some accidents, one driver is clearly at fault. That person holds all the responsibility for the accident. However, sometimes, more than one driver is responsible. Fortunately, you can still file a claim and recover damages in Mesa if you’re partially at fault for the accident. Both follow comparative negligence law, meaning you can recover damages, but the amount is reduced based on your degree of fault. Under this doctrine, you can file a claim if you are 99 percent or less responsible. Consult with an auto accident lawyer if you think you might be partially responsible but would still like to file a claim.
Your auto accident lawyer will need to consult with you and review the evidence to determine if you have a claim. There are various components involved in car accident claims. Someone must have owed you a duty of care and breached it, causing an injury or other damages. After seeing if your case meets the criteria, your attorney can file the necessary paperwork to start the claim. First, contact an attorney for a free consultation. Then you can find out if you can move forward with your case.
