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Flagstaff Car Accident Lawyer

Not all car accidents require the presence of law enforcement or emergency services, which means not all accidents lead to car accident claims. However, when there is severe injury or property damage, there is often a need to file a car accident claim. By filing a car accident claim, victims may be able to obtain monetary compensation to help cover financial losses related to their injury. However, to file a personal injury claim, there must be a valid case of negligence. 

After a car accident in which you’ve sustained an injury or suffered property damage, you may be unsure what your legal options are or if you have grounds for a personal injury claim. This is why the best thing to do after a car accident is to contact a Flagstaff personal injury lawyer who can ensure you understand your rights and legal options. 

What to do After a Car Accident

The aftermath of an accident can be just as scary, confusing, and overwhelming as the accident, leaving people at a loss for what to do. However, people’s actions after an accident can significantly impact their claim. It’s important to take the necessary steps to stay safe and protect your right to compensation. 

Seek Immediate Medical Attention 

Even if you don’t feel injured or think your personal injuries are not severe enough to warrant medical attention, it’s always better to seek medical attention. Sometimes injuries take time to develop visible symptoms, or seemingly minor injuries are actually much worse than they appear on the surface. 

By seeking immediate medical attention, you are not only protecting your health, but also ensuring you have vital information to support a personal injury claim. The longer you wait to seek medical attention, the more difficult it can become to prove that the accident caused the injury.

Collect as Much Information as Possible After the Accident

Most people know that it’s important to exchange contact information and insurance information. However, that’s not all you should be collecting after an accident. If possible, it’s also important to:

  • To take pictures of the damage done to each car
  • Pictures of your injuries
  • Pictures of the location 
  • Write down the date, time, and location 
  • Collect witness information (if applicable)
  • Obtain your own copy of the initial police report 

The more detail you can collect about the accident, the better. This information can be used to help support your claim and how to establish negligence and liability. 

Contact Your Insurance Company as Soon as Possible

It’s important to notify your insurance as soon as possible but to be careful how you speak about the accident and not admit to fault or any kind of blame. When speaking with your insurer, it’s important to be cooperative and accurate, but keep in mind that they may be looking for any information that can be used to deny your claim later. 

Contact a Flagstaff Car Accident Lawyer Right Away

After an accident, it makes sense that it’s difficult to think clearly and be hypervigilant about obtaining and preserving evidence. However, the actions and comments you make after the accident can impact your claim, and it’s important to be aware of that. By contacting an attorney, you can ensure someone is guiding you and advising you to help prevent any mistakes during the claim process. 

Types of Compensation After a Car Accident

The compensation you receive in a car accident claim depends on the circumstances of the accident, the damages you suffered, and who is liable. However, generally, you may be able to receive the following damages:

Immediate and Long-Term Medical Costs

After an accident, you likely have incurred a wide range of medical costs, including:

  • Emergency room 
  • Intensive care unit 
  • Medical devices ( i.e. wheelchair or crutches)
  • Pain pills and other medications
  • Rehabilitation
  • Long-term caregiver

If the medical care was necessary to help treat your injury or help you recover, then it will likely be covered by medical damages.

Lost Wages

Your injury may have prevented you from working as you recover, or it may diminish your future capacity if you’ve been permanently disabled. Those lost wages may be compensated through the car accident claim.

Non-Economic Damages

Non-economic damages are damages that are not easily quantifiable, such as pain and suffering or loss of enjoyment of life. Although it’s impossible to calculate the exact value of these losses because they are inherently unquantifiable and subjective, an experienced attorney will know how to get the best estimate for you. While no amount of money can make up for your losses, financial compensation can help you establish stability and tackle the financial burdens caused by the accident. 

What Do You Need to Prove to Establish Your Car Accident Claim?

To prove you have a valid car accident claim, you have to prove the other person is liable, usually done by proving negligence. Building a case on the theory of negligence requires establishing the following four elements.

  • Duty of care: All drivers are legally responsible for ensuring their behavior doesn’t harm others on the road.
  • Breach of duty of care: The driver failed to behave in a way that prevented harming you or others.
  • Causation: The driver’s actions were the direct cause or a considerable contributor to the accident and your injuries.
  • Damages: Damages are the financial compensation you receive for the losses and injuries you’ve suffered. 

Having a skilled and trusted attorney by your side is incredibly beneficial throughout this process. They can not only obtain the evidence on your behalf, but also make sure it’s strong evidence to support your claim and achieve the best outcome possible.

Contact an Experienced Flagstaff Car Accident Lawyer Today

After a car accident, you may not know your legal options or the best way to recover compensation. Our specialist attorneys at Jensen Phelan Law Firm have the experience necessary to point you in the right direction and help you build a strong claim. We understand the personal injury process and laws and how to use that knowledge to benefit our clients.

Top quality legal representation results in larger awards: retain the best specialist injury lawyers you can. Contact us for a free assessment of your case and explanation of your rights at (928) 778-2660, or fill out our contact form.

Frequently Asked Questions – Flagstaff Car Accident Claims

How long do I have to file a car accident claim in Flagstaff, Arizona?

In Arizona, the statute of limitations for most car accident claims is two years from the date of the accident. However, this timeline can vary depending on specific circumstances. If you’re filing a claim against a government entity (such as for an accident involving a city vehicle), you may have as little as 180 days to file a notice of claim. It’s crucial to consult with a Flagstaff car accident attorney as soon as possible to ensure you don’t miss any critical deadlines.

What compensation can I recover after a Flagstaff car accident?

As a car accident victim in Flagstaff, you may be entitled to various types of compensation, including:

  • Medical expenses (current and future)
  • Lost wages and diminished earning capacity
  • Vehicle repair or replacement costs
  • Pain and suffering
  • Emotional distress
  • Rehabilitation expenses
  • Long-term disability costs
  • In fatal accidents, wrongful death damages

The specific amount depends on factors like injury severity, long-term impact, and insurance coverage. Our Flagstaff car accident attorneys can provide a more accurate assessment of your potential compensation during your free consultation.

Is Arizona a fault or no-fault state for car accidents?

Arizona is a “fault” state regarding car accidents. This means the driver who caused the accident (and their insurance company) is responsible for paying damages to injured parties. In Flagstaff and throughout Arizona, injured parties can pursue compensation through:

  1. Filing a claim with the at-fault driver’s insurance company
  2. Filing a claim with their own insurance company (who then seeks reimbursement from the at-fault driver’s insurer)
  3. Filing a personal injury lawsuit against the at-fault driver

What if the other driver doesn’t have insurance or is underinsured?

If you’re in an accident with an uninsured or underinsured driver in Flagstaff, you may still have options for recovery:

  • Your own uninsured/underinsured motorist coverage (if you have it)
  • Your personal injury protection coverage
  • Medical payments coverage on your auto policy
  • Health insurance for medical expenses
  • A personal injury lawsuit against the at-fault driver (though collecting may be difficult)

Our experienced Flagstaff car accident attorneys can help identify all possible sources of compensation.

How does Arizona’s comparative negligence law affect my car accident claim?

Arizona follows a “pure comparative negligence” system. This means you can recover damages even if you were partially at fault for the accident, but your compensation will be reduced by your percentage of fault. For example, if you were 20% responsible for the accident and suffered $100,000 in damages, you could recover up to $80,000. Insurance companies often try to assign higher percentages of fault to reduce payouts, which is why having skilled legal representation is essential.

Should I accept the insurance company’s first settlement offer after my Flagstaff accident?

No, you should almost never accept an insurance company’s initial settlement offer. These first offers are typically much lower than what your claim is actually worth and may not account for future medical expenses or long-term impacts. Insurance adjusters represent the insurance company’s interests, not yours. Before accepting any offer, consult with a Flagstaff car accident lawyer who can evaluate whether the offer fairly compensates you for all your losses.

What evidence is important for my Flagstaff car accident case?

Critical evidence in a Flagstaff car accident case may include:

  • Police accident reports
  • Photographs of the accident scene, vehicles, and injuries
  • Video footage (dashcams, traffic cameras, nearby businesses)
  • Witness statements
  • Medical records documenting your injuries
  • Expert testimony (accident reconstructionists, medical professionals)
  • Employment records showing lost wages
  • Weather reports
  • Vehicle maintenance records
  • Cell phone records (if distracted driving is suspected)

Our legal team works quickly to preserve and collect this evidence to build the strongest possible case.

How much does it cost to hire a Flagstaff car accident lawyer?

At Jensen Phelan Law Firm, we represent car accident victims in Flagstaff on a contingency fee basis. This means:

  • You pay no upfront costs or hourly fees
  • We only get paid if we secure compensation for you
  • Our fee is a percentage of the settlement or verdict
  • If we don’t win your case, you owe us nothing

This fee structure allows accident victims to access quality legal representation regardless of their financial situation.