Personal injury frequently asked questions

A personal injury case arises when you're hurt because of someone else's negligence or carelessness. The most common examples include car accidents, truck accidents, pedestrian accidents, slip-and-falls on someone else's property, dog bites, and motorcycle accidents.

If someone had a duty to act with reasonable care, failed to, and you were injured as a result, you may have the right to compensation for your medical bills, lost wages, and the pain you've suffered.

In Arizona you generally have two years from the date of the accident to file a personal injury lawsuit. (A.R.S. § 12-542)

There are important exceptions:

• If your claim is against a government entity (a city, county, or the state), you must first file a "notice of claim" within 180 days of the accident, and the lawsuit generally must be filed within one year.
• If the injured person is under 18, the clock usually doesn't start until they turn 18.

These deadlines are strict. If the deadline passes, you can lose your right to compensation for good, so it's best to talk with an attorney as soon as possible.

Yes. Arizona follows a pure comparative negligence rule. (A.R.S. § 12-2505) That means you can recover compensation even if you were partly responsible for the accident; your award is simply reduced by your percentage of fault.

For example, if your total damages are $100,000 and you're found 20% at fault, you could still recover $80,000. Even if your share of the blame is high, you still have the right to make a claim.

Yes. Your right to seek compensation for an injury does not depend on your immigration status. Undocumented individuals have the right to file a personal injury claim in Arizona when they've been hurt by someone else's negligence.

We understand this can be a concern, and we keep our clients' information confidential. If you were injured in an accident, it's worth knowing your rights.

In most personal injury cases you pay nothing upfront. We work on a contingency fee, which means we only get paid if we recover compensation for you. The initial consultation is free.

This lets anyone access legal representation, regardless of their financial situation.

It depends on the facts of your case, but it generally can include:

• Medical expenses, current and future
• Lost wages and loss of earning capacity
• Property damage, such as your vehicle
• Physical and emotional pain and suffering

Unlike many other states, the Arizona Constitution prohibits caps on most of these damages. Every case is different, so the value depends on the specific circumstances.

If you can do so safely:

• Get medical attention right away, even if you don't think you're seriously hurt. Some injuries appear days later.
• Call the police so there's a report of the accident.
• Take photos of the scene, the vehicles, and your injuries.
• Get the names and information of any witnesses.
• Avoid discussing the details with the other driver's insurance company before consulting an attorney.

Keep all your medical records and receipts — they'll be important to your case.

A police report helps a lot because it documents what happened, but it isn't always required to have a case. If there's no report, other evidence — like photos, witnesses, medical records, and messages — can also support your claim.

The best step is to talk with an attorney to evaluate what evidence you have available.

You may still have a case, but it's important to get medical attention as soon as possible. When a lot of time passes without treatment, the insurance company often argues that your injuries weren't serious or weren't caused by the accident.

Seeing a doctor and following treatment creates a record that connects your injuries to the accident. If you waited, don't assume you have no case — check with an attorney.

In many cases it's possible to get treatment even if you don't have health insurance. Some providers agree to treat on a "lien" basis, which means they wait for payment until your case resolves.

We can walk you through your options so you get the care you need without paying everything upfront.

There's no fixed amount. The value of a case depends on factors like the severity of your injuries, the cost of your medical treatment, the time you couldn't work, the impact on your daily life, and who was at fault.

Be wary of anyone who promises a specific amount before reviewing your case. An attorney can evaluate your particular situation and explain what factors affect the outcome.

Be careful before accepting the first offer. Insurance companies often offer a low settlement soon after the accident, before you know what your full recovery will cost.

Once you sign a settlement, you generally can't ask for more money, even if your injuries turn out to be more serious than you thought. It's worth having an attorney review the offer before you accept or sign anything.

Claims against a government entity follow different rules and much shorter deadlines. You must file a formal notice of claim within 180 days of the accident, and you generally have only one year to file a lawsuit. (A.R.S. § 12-821.01)

That's why it's especially important to act quickly if a city, county, the state, or a public employee was involved.

You may be able to recover compensation through your own policy if you have uninsured motorist (UM) or underinsured motorist (UIM) coverage. UM coverage applies when the at-fault driver has no insurance or flees the scene; UIM applies when the at-fault driver's insurance isn't enough to cover all your damages.

Arizona law requires insurers to offer these coverages, and they can only be rejected in writing (A.R.S. § 20-259.01), so you may already have them without realizing it. It's worth having an attorney review your policy.

Pedestrians and cyclists have the same rights as any other accident victim when they're injured by a driver's negligence. These injuries are often serious, and you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.

The same Arizona rules and deadlines apply as in other personal injury cases.

Work injuries are generally handled through the workers' compensation system, which is different from a personal injury case.

However, if a third party other than your employer caused the accident — for example, another driver while you were working, or a defective product — you may also have a separate personal injury claim. We can help you understand which options apply to your situation.

Most personal injury cases settle without going to trial. However, if the insurance company won't offer fair compensation, we're prepared to take your case to court.

We'll explain each step of the process so you understand your options throughout.

Arizona has a strict liability dog-bite law, which means the owner can be responsible even if the dog never bit anyone before. (A.R.S. § 11-1025)

One important detail: under this law, the deadline to file is only one year from the bite — shorter than the general two-year deadline. That's why it's best to act promptly.

When someone dies because of another person's negligence, certain family members can bring a wrongful death claim. In Arizona, the surviving spouse and children generally have priority; if there are none, the deceased person's parents; and if none, the personal representative of the estate on behalf of the beneficiaries. (A.R.S. § 12-612)

The deadline is generally two years from the date of death. We know this is an incredibly difficult time, and we'll stand with you, with respect, at every step.

It depends on the complexity of the case. Some resolve in a few months; others, especially those involving serious injuries or that go to trial, can take more than a year.

It's generally not wise to accept a settlement until you understand the full extent of your injuries. We work to resolve your case as efficiently as possible, without sacrificing the value of your claim.

Insurance companies aim to pay as little as possible. It's common for them to offer a low settlement soon after the accident, before you know what your recovery will cost.

An attorney can handle the communication with the insurer, gather the evidence, calculate the true value of your case, and negotiate on your behalf, so you can focus on recovering.

We serve clients from our offices in Phoenix and Tucson, and we help injured people in the nearby communities of both areas. If you can't visit us in person, we can also assist you by phone.

Call us to schedule your free consultation.

Yes. Attorney Jonathan Solorzano is fluent in both English and Spanish, and we have bilingual staff to assist you in your language at every stage of your case.

We understand how hard it is to deal with an accident, and we want you to feel understood and well informed from the first call.