In personal injury cases, one of the immediate concerns is the cost of medical treatment. Depending on the type and severity of the injury, medical treatment may be extensive and ongoing. In Arizona, victims do have the right to recover medical costs associated with a personal injury from the party at fault. However, establishing responsibility in a personal injury case can be a complex matter. Especially in the case of major injuries, seeking legal representation is the best way to make sure you understand both your rights and your responsibilities in seeking compensation from the responsible party.
In establishing liability for a personal injury, it must be shown that the actions or negligence of someone else caused your injury. So in any situation where you’ve been injured, even if you think you “don’t feel that bad,” go see a doctor. Prompt treatment may not only help to keep an initial injury from becoming worse, but also prevent arguments by the other party that your injury was in fact caused by something else that occurred after the accident in question.
Don’t be afraid that using your own health insurance will negatively affect your right to recover damages. You still have a right to seek compensation for your medical costs even if your health insurance company pays for your treatment while you’re pursuing your claim. However, you should be aware that if you win a settlement or judgment in your case, your insurance company, doctor, or hospital may have a right to a share of that money. You should document all medical costs related to your injury, keeping copies of your bills from doctors, specialists, pharmacies, and hospitals to be sure you have a complete record of associated expenses.
In Arizona, the statute of limitations for a personal injury claim or lawsuit can vary depending on whether the responsible party is a private individual or a municipality. An attorney can best advise you on the statute of limitations in your particular circumstances. Failing to file a claim within the specified time limits can result in the loss of your right to any compensation at all. Arizona also employs a comparative negligence rule, which means that if you are judged to be partially at fault for your own injury, your award will be reduced by the percentage for which you are deemed to be responsible. Thus, you may not be able to collect full reimbursement for your medical costs if you are judged to be partially at fault.
The circumstances of your personal injury may also determine who your claim is made against. For example, in a car accident, the other driver’s insurance may ultimately pay your medical bills, while in a premises liability case, your claim would be against the homeowner’s insurance. While in some cases you may be able to settle directly with an insurance company, you should be aware that any insurance company will do its best to pay as little as possible. Legal representation can be key in getting the settlement you deserve.
If your medical bills from a personal injury are piling up and you’re not sure where to turn, the experienced attorneys at Hodes, Milman & Liebeck can help. Contact us online at hmlm.com or call 866-730-1976 for a complimentary case evaluation.