Personal Injury FAQ

Personal Injury FAQ

If you or someone you love has been injured through the actions or negligence of another, you family may be searching for answers for questions such as can we even file a lawsuit, and if yes, what happens from here on out? We have gathered some of the most frequently asked questions and answered them in the hopes that they bring you and your family some peace.

What is a wrongful death claim?

This is the type of claim that the surviving family of someone who has died due to the actions of someone else can file.

Who has the right to bring a wrongful death claim?

Someone related to the deceased in question can file a claim. If the person who wishes to file a claim is underage, they may need a legal adult guardian to help them file the lawsuit. Depending on the case, others who were in some way dependent on the deceased may also be able to file a claim.

Is it possible to secure compensation for emotional distress caused by the loss of a loved one?

Arizona law seldom allows compensation for emotional distress except in special circumstances, such as a family member witnessing the death of their loved one. In cases such as these, that family member may be able to file a claim asking for compensation to cover emotional distress.

What should I do if I am involved in an accident?

If you are involved in an accident, one of the first things to do is to stay as calm as possible. Stay at the scene and report the incident to the police, no matter how minor the accident. Collect the other driver’s information, talk calmly with the police about what happened, and call your insurance to file a claim.

What if I don’t report the accident to my insurance company?

If you don’t report the accident to your insurance company, they may not make any payments on any future claims you file in regard to the accident. Your insurance company has up to 30 days to let you know whether or not they will pay your claim or let you know that it is still under examination.

Do I have to let my insurer know about the accident if the accident was not my fault?

Yes. Even if the accident was the fault of another driver, you still need to let your insurance know about the accident.

What kind of coverage is my insurer required to provide?

Depending on the policy you have at the time of your accident, your insurance company must pay at least part of your medical expenses. This is because Arizona is a no-fault automobile accident state, meaning that insurances must have a portion of their policy dedicated to personal injury protection.

Do I still have a case if I received a traffic citation stating I was the cause of the accident?

That will depend on the situation. If you were only partially to blame for the accident, you may be able to recover compensation from the other driver at fault for their part in the accident. Talking to a personal injury lawyer will help you to know for certain whether or not you are able to file a claim.

Do you need help?


© 2024 THE MOAK LAW FIRM, PLLC. All Rights Reserved

The information provided on this website is not legal advice and is provided only for general information purposes. The information provided should not be taken as legal advice as no attorney / client representation or relationship exists. Additionally, the information given in this video is specific to the State of Arizona, only, at the time of completion and should not be applied to or relied upon any other state or any later date.

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