Law are not universal and vary from state to state; negligence laws are no exception. Negligence is the single most important factor that determines the outcome of personal injury claims and lawsuits. If your accident was caused by the fault of another and you have sustained an injury as a result, you are entitled to pursue financial compensation from the at-fault party.
Financial compensation can include all medical costs, including hospital stays, medication, treatment any physical therapy, property damage, and missed wages due to recovery time away from work. When it comes to negligence, depending upon the state in which the accident took place, different laws are relevant.
If you were injured in an accident that took place in Arizona, you will want to be familiar with the laws that affect the outcome of personal injury claims and lawsuits such as negligence laws and the statute of limitations.
Arizona’s Comparative Negligence Law
The negligence law that governs the state of Arizona is known as the comparative negligence law. Comparative negligence law applies to cases where the plaintiff is found to be partially negligent for the accident. The ‘plaintiff’ refers to the person who is injured and filing the claim; the ‘defendant’ is the individual the claim is being filed against.
Under comparative negligence, the plaintiff is assigned their percentage of negligence, and their entitlement to compensatory damages is calculated based upon that assignation. The higher your negligence in the accident that caused your injury, the lower your compensatory amount will be; the lower your negligence, the higher the damages you will receive.
Arizona’s Statute of Limitations
A statute of limitations is a timeframe in which a person must file a claim or lawsuit to ensure their entitlement to damages. In the state of Arizona, there is a two-year time limit in which you have to file your personal injury claim or lawsuit. That timeframe begins on the day of the accident. In cases where you don’t discover your injury until later, the clock starts running on the ‘discovery day’ or the day you discovered your injury.
For personal injury claims made against a city or the state, you have 180 days to file your formal claim and a lawsuit must be filed within a year.
As laws vary from state to state, it is essential to enlist the help of an experienced local lawyer who will be well versed in the laws that govern the state. Negligence laws and the state’s statute of limitations laws are important deciding factors of personal injury claims and lawsuits. If you have experienced an injury in the state of Arizona, contact injury lawyer Michael Cordova today for your free consultation.