If you have been injured in an accident in Arizona (regardless of who is at fault), you can file a personal injury claim and you may be entitled to compensation. One of the key focus areas of a personal injury claim is proving negligence, which falls under Arizona’s comparative negligence laws.

This rule involves allocating damages when both parties appear to be at fault in an accident. Meaning, if you are in an accident that is partially your fault, you can still receive compensation for your injuries. The amount of compensation you can receive will depend on the percentage of damages you are found to be at fault for causing.

It’s important to work closely with an experienced Phoenix personal injury attorney if you have been injured in an accident because they can help you navigate Arizona tort laws, including the comparative negligence rule. Understanding comparative negligence and how it might affect your case can make all the difference in ensuring you receive fair compensation.

What Is Comparative Negligence?

Accident-related injuries are common among Arizona residents, especially on the road. Whether it’s a car, truck or motorcycle accident, filing a personal injury claim (with the help of a Phoenix attorney) can help determine fault and prove negligence.

Comparative negligence is referenced in instances where more than one party is at fault. This is because the comparative negligence rule allocates damages to ensure compensation is distributed to the injury victim(s) whenever possible. Even if the victim is 99 percent at fault for the accident, they may still be able to recover compensation under Arizona law.

How Much Can You Recover Under Comparative Negligence?

When you are injured in an accident in Arizona and more than one party is at fault, the comparative negligence rule will determine the amount of compensation you can receive. The amount you will be rewarded is dependent upon how much fault you were assigned in the aftermath of your accident.

For example, if you are awarded $40,000 in compensation but you were found to be at fault for 10 percent, you will only receive $36,000 in total compensation. This is why working with a personal injury lawyer can help protect your reputation, prove the other party’s negligence and increase the amount of compensation you are owed.

Keep in mind, if it’s proven you’ve intentionally caused an accident and contributed to someone’s injury, you’ll lose your right to comparative negligence.

What Are the Elements of Negligence?

Proving negligence can be a challenge when it comes to comparative negligence and personal injury claims. That’s why Phoenix lawyers work hard to prove the following elements of negligence in a personal injury case:

1. Duty of Care – Your lawyer must prove that the defendant owed you a duty of care.
   
   
2. Breach of Duty – Once a duty of care is established, your lawyer must demonstrate how the defendant breached their duty and failed to exercise reasonable care.
   
   
3. Causation – Your lawyer must provide legitimate evidence that the defendant’s actions caused your injuries.
   
   
4. Proof of Damages – Once all conditions above are met, your lawyer must validate your personal injury claim by providing proof of any sustained damages such as pain and suffering, medical bills, lost wages and more.

Were You Injured in an Accident? Find a Personal Injury Lawyer in Arizona

After getting into an accident, seeking immediate medical attention should be your top priority followed by recruiting legal assistance. Personal injury attorneys are experts in areas including car accidents, motorcycle accidents, dog bites, premises liability and more.

If you have sustained injuries after an incident, you might experience a number of damages including lost wages and medical costs. This is where hiring a personal injury lawyer in Phoenix can help strengthen your personal injury claim, keep your out-of-pocket expenses to a minimum and maximize your chances of receiving the compensation you deserve.

At PHX Elite Lawyers, we find trustworthy attorneys in Arizona and add them to a comprehensive list — making it easy for you to find the right legal team to take your case. Browse our list of reputable law firms in Phoenix and find an experienced personal injury attorney you can trust.

For more information or to schedule an appointment, reach out to one of the law groups listed on our website.