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Hiring a Car Accident Attorney in Gilbert

You may have many questions when you are involved in a car wreck, we are here to help! We have compiled a list of the most frequently asked questions by car accident victims in the city of Gilbert.

What Is The Average Settlement For A Car Accident In Arizona?

Car accident settlement amounts vary greatly based on a range of factors related to your case.

Some of these include the severity of your injuries, the ways the injuries have impacted your day-to-day life, whether you will make a full recovery, and the pain and suffering you’ve experienced.

Car accident cases can garner thousands of dollars for broken bone injuries up to millions of dollars for more catastrophic injuries (those which are expected to affect your life long-term) such as paralysis or dismemberment.

How Long Does An Insurance Company In Arizona Have To Pay A Claim After A Car Accident?

Insurance companies in Arizona have 40 days to resolve an injury claim after you file it.

This means the insurance company must offer you a settlement within that time frame and must respond in a timely manner to your claim.

If the insurance adjuster does not accept your claim, denies it without cause, is dodging your calls, or otherwise acts in bad faith, chat with a Gilbert car accident lawyer to learn what you should do next.

How Is Pain And Suffering Calculated For Car Accident Cases In Arizona?

Insurance adjusters evaluating your claim will generally add up all of your economic damages, such as medical bills and lost wages, and use the multiplier method to then calculate what you should be paid for non-economic damages like pain and suffering or emotional anguish.

This means they take the sum of all your damages and multiply it by a specific number ranging y from 1.5 to 5.

It’s crucial to work with a highly skilled lawyer with years of experience in personal injury law — they can ensure you list all of your damages to ensure your settlement offer isn’t shortchanged.

Do You Need A Police Report To File An Insurance Claim In Arizona?

You may not necessarily need a police report to file your insurance claim for a car accident in Gilbert, AZ, but having the accident report can help provide crucial evidence for your case.

If you need to request a copy of the police report, you can do that on the Arizona Department of Public Safety website. Or, your lawyer can also obtain the report for you.

Do You Have To Hire A Lawyer To File A Car Accident Claim In Gilbert, AZ?

There is no law stating that you must hire a lawyer in order to begin a personal injury claim in Gilbert, but doing so gives you several legal advantages.

First, you can rest easy with confidence in a strong, confidential attorney-client relationship.

You’ll have peace of mind knowing your attorney has provided a thorough case evaluation and built the foundation for a strong case.

You can get legal advice, a breakdown of the claims process, and assistance with communication with the insurance companies from a lawyer.

And, if your case goes to court, rest assured your lawyer will be there to represent you every step of the way.

Car accidents can leave you injured, unable to return to work, and facing sudden and unexpected pain and suffering. After a collision in Gilbert, AZ, you may have the option of filing a personal injury claim to seek compensation for your costs caused by the accident. LegalFinders can connect you with top car accident lawyers serving Gilbert.

Back of a black car crash accident on Gilbert road

The best way to secure the money you need for medical bills and vehicle damage costs after a car accident in Gilbert, Arizona, is to file an insurance claim for personal injury and property damage.

Yet sometimes insurance companies will try to offer a settlement that is far lower than what you deserve for your injuries or other damages.

That’s where an expert car accident attorney can help.

When you work with a well-established law firm, you’ll have backing from experienced attorneys who know car accident law and who will fight to help you secure fair compensation.

LegalFinders can connect you with the best car accident lawyers in Gilbert.


Who’s At Fault For A Car Accident In Gilbert, AZ?

You may be wondering if there’s any way you could possibly be considered at fault for a vehicle accident, even if you weren’t the at-fault driver.

While it’s true that many states consider fault in terms of percentages for personal injury claims, this will not bar you from filing a claim or collecting damages in Arizona.

For example, if a car driving behind you crashes into you and causes a rear-end collision, they will likely be found at fault, negligent, and therefore liable (responsible) for paying you damages.

However, if you were not wearing your seatbelt at the time of the crash, this is also considered a form of fault and negligence, meaning your payout amount will be reduced based on your assigned level of fault.


Is The At-Fault Driver Always Liable In An Arizona Car Accident?

Despite what you may have heard, the person or entity who is at fault for the accident may not always be held liable for your injuries.

How is this possible? Perhaps a driver ran a red light and crashed into your vehicle, causing a T-bone collision.

But maybe they were unable to brake properly due to a manufacturer error that occurred during the vehicle manufacture process.

In this case, it may be the vehicle manufacturer who is held liable for the auto accident, not the driver.

A personal injury attorney serving Gilbert, Phoenix, and other areas in Arizona can examine the facts of your car accident case and help you determine who to bring your claim against.


What Are Your Legal Options After A Car Crash?

Following a car or truck accident in Gilbert, AZ, you have the option of filing an injury claim to seek financial compensation for costs related to the accident, such as medical treatment costs.

The best personal injury lawyers are employed by reputable law firms with extensive experience in personal injury law and connected to highly skilled legal teams.

Together with their expert guidance and legal advice, you can file a claim that will secure the compensation you deserve to help you get back on your feet after the accident, or to atone for the pain and suffering you endured.

LegalFinders can connect you with a top injury law firm near you for your exclusive free consultation.


Steps To Take After A Car Accident In Gilbert, AZ

Getting into a car or motorcycle accident can be a confusing and scary experience.

Yet there are steps you can take immediately after the accident to help ensure you have a fair chance at seeking compensation.

Accident victims in Gilbert, Chandler, or elsewhere in Arizona should do the following to improve their chances of receiving a fair personal injury payout.

1. Collect Information

Right after the car accident and in the days and weeks to follow, you’ll need to collect some basic information that may serve as evidence for your case.

Here is what you should collect from the scene of the accident:

  • Photos of all vehicles involved, from multiple angles and in good lighting
  • Photos of any injuries
  • Photos of the area of the roadway where the crash occurred
  • Photos of any signage, stop lights, or other traffic signs
  • Photos of any skid marks or other damage
  • Driver’s license numbers, names, phone numbers, and insurance policy numbers from all drivers involved
  • Eyewitness statements
  • Your own testimony about the crash, while it’s fresh in your mind

As damage from the accident unfolds in the days and weeks to come, you may also want to gather your medical records, vehicle repair estimates, and any medical bills to give to your lawyer.

2. Contact A Car Accident Lawyer

While you’re still in recovery from the shock of your accident, contacting a personal injury law team may not be top of mind.

Here’s why you should contact a Gilbert car accident lawyer sooner rather than later:

  • Your lawyer can help you every step of the way of the claims process.
  • They will serve as your communications liaison, working with insurance adjusters, the defendant’s lawyers, and the court systems to negotiate a fair settlement.
  • Your injury lawyer can help ensure you don’t say or do anything that could affect your chances of receiving a payout in the moments and weeks after the crash.

3. File Your Car Accident Claim

When it’s time, your lawyer can have their law office file your claim in the right area of the court and within the statute of limitations.

It’s important that you file your claim as quickly as possible to ensure the statute of limitations does not run out, which would bar you from filing a claim.

4. Negotiate Fair Compensation

After your Gilbert personal injury attorney files your claim, the defendant’s lawyer will respond, and the negotiations process will begin.

The back-and-forth negotiations portion of the claims process allows lawyers and their clients to communicate until they reach a favorable settlement agreement.

If both parties cannot agree, you may have to consider starting a personal injury lawsuit to get compensation.

What Types Of Damages Can You List In A Personal Injury Case?

Car accident cases cover damages for personal injuries related to the crash.

While this mainly extends to medical treatment costs, some expenses resulting from the auto accident may be indirect.

Common damages you may be able to cite for a car accident claim include:

  • Medical expenses: both current and future costs that relate to your accident injuries
  • Lost wages: including both lost salary or wages and benefits during recovery
  • Lost earning capacity: future lost wages caused by long-term impact of your injuries
  • Pain and suffering: emotional anguish, such as over the loss of a loved one, etc.
  • Wrongful death: applies to loss of companionship and financial support of a spouse, child, or other family member


Injuries That Are Commonly Cited In Car Accident Cases

Any injury caused by the car crash may be cited on an injury claim.

It’s true that serious injuries tend to garner higher settlements, yet you can file a claim for any medical bills that result from car accident injuries.

Common injuries listed on Gilbert car accident claims include:

  • Lacerations
  • Burns
  • Broken bones
  • Scarring and disfigurement
  • Traumatic brain injuries and other head injuries
  • Chest and neck injuries
  • Back injuries
  • Soft tissue injuries
  • Spinal cord injuries, such as paralysis
  • Wrongful death (fatalities)


What Are The Top Causes Of Car Accidents?

Car accidents in Gilbert, Arizona, may result from any number of causes, but speeding and driver distraction (such as texting while driving) were some of the top causes of motor vehicle accidents in Arizona in 2018, according to the Arizona Department of Transportation (ADOT).

Other causes include impaired driving (driving under the influence of drugs or alcohol) and reckless driving (i.e. swerving, crossing the centerline, tailgating, etc.)

What Laws Will Affect Your Personal Injury Claim In Arizona?

A Gilbert car accident lawyer can better explain the laws which will affect your case, but here is an overview of the Arizona car accident laws that may have an impact.

At-Fault Insurance Laws

Arizona is an at-fault or fault state for car insurance, which means motorists are allowed to file a claim for bodily injury or vehicle damage costs with the at-fault party’s insurance company.

In no-fault states, motorists must file first with their own insurance policy for damages.

Arizona Statute Of Limitations

You have two years from the date of the accident to file a personal injury claim in Gilbert, according to the Arizona State Legislature (section 12-542).

This may seem like ample time, but the statute can pass quickly. Insurance companies will protect their own interests and may drag out the claims process in an attempt to run out the statute.

A highly skilled car accident lawyer will ensure this does not happen.

Arizona’s Consideration Of Negligence

Every state has different considerations for negligence and how it affects personal injury cases.

In Arizona, a principle of comparative negligence is applied, according to the Arizona State Legislature (section 12-2505).

This means you can still file a personal injury claim after a car accident even if you were at fault — up to 99% at fault, in fact.

However, your claim payout will be reduced comparatively, or based on your assigned percent of fault.


Motor Vehicle Accident Rates In Gilbert, Arizona

Maricopa County, where Gilbert is located, had more accidents than any other county in the state of Arizona by far in 2018, according to ADOT.

Facts on motor vehicle crashes in Gilbert, AZ, include:

Total vehicle crashes


in Maricopa County in 2018

Total injuries caused by vehicle crashes


in Maricopa County in 2018

Total fatalities due to vehicle crashes


in Maricopa County in 2018

Pinal County vehicle crash fatality rate


the county with the next-highest vehicle crash fatality rate


Connect With The Best Car Accident Attorneys Serving Arizona

Whether you’re in Gilbert, Phoenix, or another city in Arizona, we can help you find the best car accident lawyers in your area.

The personal injury lawyers in our network have years of experience across multiple practice areas, are backed by well-established law firms, and have the track records to uphold their reputations.

Check out your legal options today by connecting with LegalFinders for a free case consultation.


Our staff are standing by to help you find the perfect attorney for your case.

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Published: 10 November 2022


Arizona Department of Transportation — Arizona Motor Vehicle Crash Facts 2018

Arizona State Legislature — Section 12-2505Section 12-542

Legal Information Institute — reckless driving