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Frequently Asked Questions

Frequently Asked Questions

Table of Contents

How do insurance companies calculate pain and suffering?

The first method is to add up all of the economic expenses (medical bills, lost wages, out-of-pocket expenses, etc.) and then multiply that total by a set number (usually between 1.5 and 5) to reach the total for pain and suffering damages. This is called the multiplier method.

An alternative method to use in these situations is the per diem (per day) approach. Using this method, a certain dollar amount will be assigned to every day from the time the accident occurred until when the plaintiff reaches maximum medical recovery.

What to do if someone falsely accuses you of hitting their car?

Whether you have been accused of causing a car crash while still at the scene of the incident or in the days and weeks that follow, there are various steps that you can take to help ensure that you are treated fairly.

  1. Gather as much evidence as possible
  2. Never admit fault
  3. Do not speak to an insurance claims adjuster
  4. Reach out to a personal injury attorney

What to do if someone claims you hit their car?

When you are facing accusations of causing a crash, you have to fight back to ensure that you are properly cared for and that you recover the compensation you are entitled to.

What evidence is needed to convict a hit and run?

  1. Witnesses can provide testimony about what they saw happen.
  2. Physical evidence can be used to connect the defendant to the incident.
  3. Surveillance footage or security camera footage may have captured the accident on video.

Can you still sue after signing a waiver?

It is still possible to file a lawsuit if you sustain an injury, even if you do sign a waiver of liability. The simple act of signing these waivers does not prevent you from recovering damages if an injury occurs.

What are lost wages?

Loss of income, also called lost wages, refers to the monetary amount of work you miss when recovering from an accident.

When should you contact an attorney after a car accident?

It is crucial for you to contact a skilled vehicle accident lawyer as soon as possible. An attorney can begin working on the case immediately and handle all communication with other parties involved. An attorney will use their resources to gather the evidence needed to prove liability, handle negotiations with insurance carriers, and fully prepare your case for trial if necessary.

Do insurance companies pay for pain and suffering?

Yes! Depending on the circumstance, insurance companies may pay for “pain and suffering” and inconvenience if a person sustains a physical injury because of someone else’s negligence.

When can a child legally sit in the front seat?

Arizona law does not specifically state when a child can legally sit in the front seat. However, most vehicle manufacturers place warnings in the vehicles stating that children should ride in the rear seats until they reach the age of 13.

How long does an 18-wheeler lawsuit take?

Most accident claims settle without filing a lawsuit or going to trial. However, the amount of time it takes to have money in your hand from a settlement depends on the factors involved in your case.

How to find a medical malpractice attorney?

Call the bar association in your state. Most bar associations have several search/referral tools to assist you in finding a medical malpractice attorney near you. Or if you or somebody you love has been injured due to the careless or negligent actions of a medical professional in or around the Phoenix or Scottsdale, Arizona area, reach out to Shapiro Law Team for help as soon as possible.

Can a 4-year-old sit in the front seat with a booster?

Any child under the age of five in Arizona must be properly secured in a child restraint system. The law in Arizona does not specifically list infants, but any child under five must be in a rear-facing child restraint system and secured correctly.

How to claim bike insurance for your own damage?

If you were injured in a motorcycle or bike accident, you should contact an experienced personal injury and motorcycle accident attorney who handles motorcycle accident cases routinely. Not every lawyer knows how to effectively navigate issues surrounding motorcycle injuries.

How do you prove wrongful death?

Particularly, there are four elements of negligence that must be present in order to prove that a defendant owes compensation to a deceased person’s family or estate.

  1. Duty of case
  2. Breach of duty
  3. Causation
  4. Damages

What to do after a truck accident?

  1. Call 911
  2. Check for injuries
  3. Take pictures
  4. Call an insurance company
  5. Act quickly

What Is Personal Injury?

Personal injury describes any harm a person experiences due to another person’s negligence or intent to harm. It includes both physical injuries and property damage.

What Does a Personal Injury Lawyer Do?

Here’s a breakdown of the responsibilities of a personal injury lawyer:

  • Explain your rights
  • Legally represent an injured party during the settlement process and any court proceedings
  • Provide resources and legal advice to the injured party
  • Gather and examine evidence to assess damages
  • Negotiate with the defendant’s attorney
  • Communicate with insurance companies and healthcare providers
  • Pursue maximum financial compensation for the plaintiff

How Long Does a Personal Injury Lawsuit Take?

The average personal injury lawsuit takes between one and three years to resolve. However, the length depends on the case in question. The following factors impact the length of a personal injury lawsuit:

  • The number of parties involved
  • The severity of the injuries or damages suffered
  • How complex the case is
  • The plaintiff’s desired financial compensation
  • How quickly the plaintiff needs financial compensation
  • The plaintiff’s and defendant’s willingness to settle
  • The court’s caseload

When Should You Hire a Personal Injury Lawyer?

You should hire a personal injury lawyer when:

  • Damages are extensive
  • The insurance company rejects your claim
  • The accident involved multiple parties
  • You may be liable for some of the damages
  • You receive a settlement offer from the defendant

How Do You Find the Best Personal Injury Lawyer?

When it comes to personal injury cases, you want the best legal representation you can find. Do your research, and take any reviews and personal recommendations into account before making a decision.

What Kind of Cases Do Personal Injury Lawyers Handle?

Personal injury lawyers typically handle the following case types:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Bicycle and pedestrian accidents
  • Medical malpractice
  • Surgical mistakes
  • Premises liability
  • Gas explosions
  • Fire and burn injuries
  • Product liability
  • Wrongful death

How Long After an Accident Can You Sue for Personal Injury?

The plaintiff must file a lawsuit within the statute of limitations to pursue litigation and financial compensation, which is two years in Arizona.

How Are Personal Injury Settlements Paid Out?

Personal injury settlements are paid out either in a lump sum or in regular installments.

How Are Personal Injury Settlements Calculated?

Personal injury settlements compensate the plaintiff for accident-related damages, which include both economic and non-economic damages. Economic damages are easier to calculate because they have a dollar amount tied to them.

Economic Damages

  • Medical expenses
  • Property damage
  • Lost wages

Non-Economic Damages

  • Wrongful death
  • Physical pain and suffering
  • Disfigurement or disability
  • Mental or emotional anguish

What Happens After the Deposition in a Personal Injury Case?

The case is either settled or goes to trial after the deposition. Although most personal injury cases are settled, here’s what happens when a case goes to trial.

  • The jury and judge will reach a verdict, which states whether the defendant is liable for damages suffered by the plaintiff
  • If the verdict finds the defendant liable, the plaintiff will be awarded damages accordingly

What Does Litigation Mean in a Personal Injury Case?

Litigation is the process of taking legal action, which can involve a settlement or court proceedings.

How Can You Increase a Personal Injury Settlement?

You can increase a personal injury settlement by:

  • Providing substantial evidence of the defendant’s negligence—including photo and video evidence of the accident, a copy of the police report, medical records, and corroborating witness statements
  • Outline specific injuries or damages suffered as a result of the accident
  • Build a strong case with your attorney

How Much Should You Sue for Personal Injury?

Determining how much to sue the defendant for depends on the extent of the damages and the defendant’s degree of negligence or intent. The amount should at least cover all accident-related financial losses, which can include:

  • Vehicle repairs or a replacement
  • Current and future medical treatment
  • Current and future lost wages
  • Disability or disfigurement

What Steps Are Taken in a Personal Injury Lawsuit?

A personal injury lawsuit involves two main steps.

  1. Discovery Process
    The attorneys and insurance companies gather information by exchanging case-related documents. A deposition is held, during which both attorneys ask questions of the defendant and the plaintiff while they’re under oath.
  2. Settlement or Trial
    The case is either settled or goes to trial. Most personal injury cases are settled.

How Are Personal Injury Settlements Negotiated?

Both the plaintiff and the defendant—along with their attorneys and possibly their insurance companies—negotiate settlements. The negotiation process involves a series of offers and counteroffers.

What Happens After a Deposition in a Personal Injury Case?

If a case isn’t settled after the deposition, it goes to trial.

How Do Personal Injury Settlements Work?

Instead of pursuing litigation, the plaintiff accepts a settlement offer from the defendant that covers accident-related financial losses. Once a settlement is reached, the defendant is absolved of any further liability.

What Is the Average Payout for Personal Injury?

The payout for a personal injury case depends entirely on the extent of the injuries involved in the case. It can range anywhere from a few thousand dollars to thousands of dollars.
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