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Quality Phoenix car accident lawyers know that it’s important to strategize around compensation. Knowing what damages to seek compensation for and how to frame responsibility are invaluable skills to have on your side after an accident.
Compensation options for car accident victims can include the insurance of the victim, the insurance of the at-fault driver, and third-party claims.
| Category | What It Covers | Notes / How It’s Determined |
|---|---|---|
| Economic Damages | Medical expenses, lost wages, reduced future earning potential | Easier to document; supported by receipts, pay stubs, and medical records |
| Non-Economic Damages | Emotional distress, loss of enjoyment, long-term care | Harder to quantify; often requires expert testimony or additional proof |
| At-Fault Driver Insurance | Compensation for damages caused by the other driver | Arizona is a comparative fault state; payout depends on percentage of responsibility |
| Victim’s Own Insurance | Covers accidents with uninsured or hit-and-run drivers | Depends on your specific coverage (e.g., uninsured motorist coverage) |
| Third-Party Claims | Accidents caused by vehicle defects or dangerous conditions | Rare, but worth exploring with an experienced attorney |
One reason it’s important to have an experienced lawyer after you’ve been in an accident is they know every possible place to look for damages. There are two primary categories for damages:
These include:
Compensation for these damages is often easier to secure because there are receipts and thorough documentation.
These include:
Sometimes called ‘general damages,’ these damages are much more difficult to measure. Furthermore, they are often only awarded with additional proof, such as the testimony of experts.
Each of these categories comes with its own complex calculation that must be conducted and defended. For example, how pain and suffering is evaluated can be confusing, especially because it has to be considered in both the present and the future.
In most accidents, the first source of compensation is the at-fault driver’s liability insurance. This coverage pays for damages caused by the actions of that driver.
Arizona is a comparative fault state. This means that each person involved in an accident can share a portion of the responsibility. The burden of responsibility is debated by lawyers and insurance companies, and once it’s determined, the compensation each person is responsible for reflects their percentage of responsibility.
If you’re the victim of a hit-and-run or an accident with an uninsured driver, you might be able to seek compensation from your own insurance provider, depending on your coverage.
Third-party claims look beyond the responsibility of the drivers involved in an accident. While these claims are rarer, they can be worth asking your attorney about.
Vehicle defects have caused accidents in the past, and dangerous driving environments caused by someone outside the two drivers exist. A skilled lawyer will know where to look for these sorts of claims and will be able to determine if they are worth pursuing in your case.
The aftermath of a car accident is overwhelming. It makes demands of victims that have likely never been made of them before. In order to make sure you aren’t trying to navigate the complexities of compensation and constantly looking for explanations of common car accident legal terms, reach out to Gage Mathers.
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