Find Out if You Can File a Personal Injury Lawsuit
If you’ve been injured by someone else, you may have legal grounds for a personal injury lawsuit to recoup any lost wages or cover expenses for medical bills, therapy, etc. In this entry, we’ll discuss aspects of personal injury cases.
What is a Personal Injury?
Essentially, a personal injury is when someone is hurt from an accident or injury caused by another person. Among the most common sources of personal injury claims are:
- Slips and falls
- Auto accidents
- Medical malpractice
- Defective products
While criminal cases are launched by the government (local, state or federal), a personal injury case is started by a private individual against someone else, a business, corporation or government agency.
What is The Statute of Limitations for Filing a Personal Injury Case?
All states have their own statute of limitations that establishes a time limit for bringing a case to court. Here in Arizona, the statute of limitations for filing a personal injury case is two years from the date of your accident. If you’re bringing claims against a city, county or the State of Arizona, the statute of limitations is 180 days from the date of the accident. If the injury is no discovered until later, the two-year timeframe may begin on the date of the discovery.
Are There Caps on Personal Injury Lawsuits?
A cap limits the amount that can be awarded as compensation to an injured person. Here in Arizona, our state constitution actually prohibits caps on personal injury cases.
What Happens if Defendant Does Not Pay?
Personal injury judgements in Arizona remain active for five (5) years from the moment they are entered into the Clerk of Court’s office. If the defendant hasn’t paid within the allotted time, you can file a request for post-judgement discovery that will force them to show their financials – including credit reports, bank account balances, 401k and pension reports, etc. The court may rule that the defendant’s wages be garnished or property seized and/or sold until all of the debts and associated fines are satisfied.
If You’ve Been Hurt by Someone Else, Call The Oswalt Law Group
If you’ve experienced injury because of someone else negligence, you may have grounds for a personal injury lawsuit. Get in touch with us here at The Oswalt Law Group. The first meeting is always free, so call us at (602) 225-2222.