How To Sue Someone After a Car Accident in Arizona

Filing a lawsuit after a car crash is never anyone’s first choice, but sometimes it becomes the only way to recover the compensation you need. Medical bills, lost income, and long-term injuries can create overwhelming stress. If you have been in a collision and are wondering how to sue someone after a car accident in Arizona, understanding the legal process can help you make informed decisions and protect your rights.

The dedicated personal injury lawyers at Skousen Gulbrandsen & Patience PLC can help you recover from your accident. We can help you understand when you can sue, how the statute of limitations works, who you are allowed to sue, each step of the lawsuit process, the types of damages available, the challenges that may arise, and how our Arizona personal injury attorneys can strengthen your case and protect your rights.

When Can You Sue After a Car Accident?

Not every car accident collision leads to a lawsuit. Many claims are resolved through insurance negotiations. However, there are several situations where taking legal action becomes necessary.

When Insurance Negotiations Fail or Liability is Disputed

Insurance companies regularly look for ways to reduce or deny claims. If the insurer argues that you caused the crash, offers a settlement far below your losses, or delays the claim without justification, filing a lawsuit may be the only option to move your case forward.

When Injuries are Severe or Long-Term

Crashes involving traumatic brain injuries, spinal damage, broken bones, or permanent impairments are considered catastrophic injuries and often require extensive medical care. The more extensive your injuries, the more likely it is that the insurer will contest the value of your claim. Suing can help ensure that your long-term needs are fully considered.

When the Other Party Refuses to Pay for Damages

If the at fault driver or another party refuses to cooperate, ignores your claim, or lacks sufficient insurance, you may need to pursue compensation through the court system.

The very fact that you are asking questions like “can I sue for a car accident” or “should you sue after a car accident”, is an indication that you may have a strong personal injury claim and need the help of an experienced car accident attorney to recover the compensation you need.

Arizona Statute of Limitations for Car Accident Lawsuits

The statute of limitations is the legal deadline to file a lawsuit. In Arizona, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline almost always results in the court dismissing your case, no matter how strong the facts may be.

For those whose family members were the unfortunate victims of a fatal car accident, your attorney can still seek damages for your loss. In Arizona, wrongful death claims must be filed within two years of your loved one’s death.

Understanding this timeline is essential for anyone wondering when to sue after a car accident or how to sue for a car accident in Arizona. Even if you hope to settle, you must keep the deadline in mind since negotiations can stall.

Exceptions for Minors and Government Entities

There are limited exceptions to Arizona’s two year statute of limitations.

For minors, the two year period typically begins on their eighteenth birthday. This allows children injured in car accidents more time to pursue compensation.

Claims against government agencies follow a different process. You must file a formal notice of claim within 180 days of the accident and a lawsuit must be filed within one year. These shorter deadlines make it especially important to contact an attorney if a government vehicle or employee was involved.

Who Can You Sue After a Car Accident?

When people ask what can I sue for after a car accident or who can be held responsible, they are often surprised at how many parties may be involved. You may be able to sue:

• The at fault driver
• The employer of a driver who was working at the time of the crash
• A vehicle owner who negligently entrusted their car to someone unfit to drive
• Manufacturers responsible for defective auto parts or other related products
• Government entities that failed to maintain safe roads
• Bars or restaurants that overserved an intoxicated driver under Arizona’s dram shop laws

Determining who contributed to the crash is a key part of building a strong case. A personal injury attorney can investigate the collision, gather evidence, and identify every potentially liable party.

Step-by-Step Process for Filing a Lawsuit

If you are exploring how to sue someone after a car accident, it helps to understand the steps involved. Here is what the process usually looks like:

1. Consult with a personal injury attorney: Your lawyer can evaluate your case, explain your rights, and advise you on the best strategy. Most personal injury attorneys work on a contingency fee basis, meaning you do not pay upfront.
2. Investigate the accident: Your legal team will gather evidence such as police reports, medical records, photos, videos, witness statements, and expert evaluations. Try to gather as much of this at the scene if you are able.
3. Determine liability and damages: Your attorney will calculate medical expenses, lost income, property damage, long-term care needs, and non economic damages. 
4. File a complaint with the court: The lawsuit officially begins when your attorney files a complaint outlining your allegations and the compensation you seek. The defendant must be served with the complaint.
5. Move through discovery: Both sides exchange evidence and information. Depositions, written questions, and document requests occur during this phase.
6. Attempt settlement: Many cases settle before trial. Your attorney will negotiate with the insurance company and defense team.
7. Go to trial if needed: If settlement fails, your case proceeds to trial where a judge or jury decides liability and damages.

Not every personal injury attorney is equipped to take a claim to trial. At Skousen Gulbrandsen & Patience PLC, our personal injury attorneys are prepared to go before a judge to secure the compensation you need.

Types of Damages You Can Recover

If you are wondering what you can sue for in a car accident, the damages usually fall into two categories.

Economic Damages

These are measurable financial losses.

• Past and future medical bills
• Hospital care and surgeries
• Rehabilitation and therapy
• Lost wages
• Reduced earning capacity
• Vehicle repair or replacement

Non-Economic Damages

These compensate for the personal impact of the accident.

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or scarring

In rare cases involving extreme misconduct, punitive damages may be available.

Challenges of Suing After a Car Accident

Suing after a collision can be intense. Some challenges include:

• Insurance companies disputing or undervaluing claims
• The need for extensive medical evidence to prove long-term injuries
• Complicated liability when multiple parties are involved
• A lengthy legal process if the case goes to trial
• The need to properly preserve and present evidence

Despite these difficulties, a lawsuit can be the most effective way to secure full compensation, especially when negotiations stall or damages are substantial.

How a Mesa Personal Injury Attorney Can Help

Working with an attorney can make the process significantly easier. Skousen Gulbrandsen & Patience PLC can manage communication with insurance companies, gather evidence, negotiate aggressively, and prepare your claim for trial. We can also help you determine whether settling or suing is in your best interest.

The attorneys at Skousen Gulbrandsen & Patience PLC have represented Arizona accident victims for decades. Our team can investigate your crash, identify liable parties, and guide you through each step of the legal process.

To make sure you get the legal help you need, contact us today at (480) 833-8800 for your free, confidential consultation.