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Personal Injury FAQs

 

What is the statute of limitations?
Every personal injury case has a date by which a lawsuit must be filed in court.  If a lawsuit is not filed by that very specific day, then there is no claim that can be made.

What are damages?
Personal injury cases are resolved by one person paying money to the other person.  The courts refer to this as damages. There are two types of damages: general and special.  Special damages are easily ascertained – such as medical bills or lost wages.  General damages are what are referred to as pain and suffering. It is often more difficult to place a value on general damages.  There is no set amount for pain and suffering.  Every case is very fact-specific as people respond to injury and treatment differently.

What is a medical lien and does this affect my credit?
A medical lien is money that a medical provider (including insurance companies) may ask to be paid because of the personal injury lawsuit.  It is legal for the medical provider to ask for this reimbursement. A medical lien only attaches to the personal injury recovery, meaning that it is not to be reported on an individual’s credit report.

I am not a litigious person, so why should I pursue a claim?
Arizona law requires that all vehicles carry insurance.  If someone does something that causes you injury, you should not have to pay the cost of your medical bills or lose wages without that person bearing some responsibility.  It does not make you a litigious person if you ask for compensation for someone else’s wrongdoing.

Do I have to file a lawsuit?
No, the vast majority of personal injury cases are resolved without ever filing a lawsuit.  However, there are times when a lawsuit becomes necessary.  If it does, the lawsuit must be filed by the statute of limitations.  If a lawsuit is filed, very few cases ultimately are decided by a judge or jury.  Most cases are resolved through mutual agreement between the two parties, also known as settlement.

 

 

 

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