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Should You File a Personal Injury Claim After Being Struck by a Drunk Driver in Arizona?

Posted on July 13, 2024 in

drunk driving accidentWhen a person decides to get behind the wheel of their car while under the influence of drugs or alcohol, he or she is actively putting themselves and others at risk of an accident. While drunk driving accidents are highly preventable, they are also unfortunately common. The National Highway Traffic Safety Administration has found that nearly 37 people a day are killed due to the negligent behavior of a drunk driver. 

In the event of being struck by a drunk driver, make reaching out to a qualified personal injury lawyer your top priority. While the driver will face criminal charges and fines for their illegal activity, it is up to you to take action and file a claim for damages. The team at Jensen Phelan Law Firm has over 70 years of combined experience and is ready to use it to get you the compensation you deserve after your accident. 

What Types of Damages Are You Entitled to After Being Struck by a Drunk Driver?

A drunk driving accident leaves the victim entitled to file a personal injury claim for damages. In Arizona, this includes economic and non-economic damages, which covers both physical losses and any resulting pain and suffering. In addition to your physical injuries, other common examples of damages claims may include:

  • Lost wages
  • Medical Bills
  • Property damage
  • Pain and Suffering
  • Loss of enjoyment of life
  • Physical scarring or disfigurement 
  • Other out-of-pocket expenses

In many cases, Arizona also often allows victims of a crime to recover punitive damages, as well as, criminal restitution as part of the criminal proceeding. The purpose of punitive damages is to deter and prevent future conduct.  Punitive damages are not calculated based on your losses, but they instead act as a penalty for the liable driver.

How a Personal Injury Lawyer Can Help Your Case

Navigating the aftermath of your accident can be overwhelming and you may be confused about what your rights are. When you partner with a dedicated legal team, you are giving yourself the best chance of successful results. While you focus on recovering from your injuries, your lawyer will begin working on the following important aspects of your case:

Filing Your Claim

Arizona currently has a two-year statute of limitations in place for filing personal injury claims. This two-year period begins the day of your accident. Missing this deadline can result in a dismissed claim. When you have a knowledgeable attorney on your side, you are guaranteeing your claim is filed on time and includes the full scope of representation for all your losses. One of the reasons for low settlement offers is the failure to document past and future damages. 

The claim process can be complex. Your attorney will be there to handle the heavy lifting and guide you through the process from start to finish. Your focus will be on healing your injuries and getting the necessary medical care that you need.  

Once you have completed medical treatment or reached maximum medical improvement, we will attempt to settle your case in an amount that fairly compensates you for all your damages. In the event your claim cannot be settled, we are prepared to take it to court if need be.

Collecting Evidence

In order to demonstrate negligence and prove that the drunk driver is directly responsible for your accident, we will need to collect and assess all potentially relevant evidence to your case. This can include photographs or video footage taken from your phone at the scene of the accident, detailed medical records, police reports including BAC levels, eyewitness accounts, and even professional testimony. 

Consult a Dedicated Lawyer at Jensen Phelan Law Firm Today

If you are injured in a drunk driving accident, don’t wait to hire a competent and compassionate attorney. Sean Phelan of Jensen Phelan Law Firm has represented accident victims in Arizona for decades and has done so with documented success

For a free assessment of your case and explanation of your rights today, call our office at (928) 778-2660 or (520) 344-7484 or use our online contact form.