When a car, truck, or motorcycle crash occur and serious injuries result, two important issues need to be evaluated and investigated.
In Arizona, a personal injury claim is based upon determining who was at fault, either completely or partially, and assessing the injuries and damages suffered by the injured party.
The police crash report is often a start, but not the final story. Perhaps the other driver was cited, there may be witnesses listed, perhaps statements were made to the police.
An attorney may be able to secure witnesses statements to establish fault of the other driver, including failure to yield, following too closely, speeding, distracted driving or drunk driving.
Sometimes an accident reconstructionist may be retained to examine the speed of the other drive, the time and opportunity of the other driver to avoid a collision.
In some cases there may be comparative fault, perhaps each driver bears some percentage of responsibility for a crash, if so that may result in an injured party receiving less than his or her full damages.
In addition to consideration of fault, the injured party’s injuries and damages are examined. Many factors are evaluated, and include the nature and extend of the injuries, treatment, or surgeries, inability to work, past and future medical bills, and the adverse effects of the injuries upon one’s daily activities, recreation, employment and quality of life.
A settlement for injury damages may be negotiated with the other party’s insurance company, or determined following the filing of a personal injury lawsuit. Sometimes filing a lawsuit is necessary to increase the chances of obtaining a fair and reasonable settlement.