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Common Arizona Personal Injury Law FAQs

Can I still file a personal injury claim in Arizona if the accident was partially my fault?

Yes. In Arizona, you can still pursue a personal injury claim even if you were partly responsible for the accident. The state follows a pure comparative negligence rule. Under this law, you are not barred from recovering compensation, but your percentage of fault reduces the amount of your compensation. For example, if you were involved in a car accident and were found 20% at fault, your total compensation would be reduced by 20%. So, if your damages totaled $100,000, you could still recover $80,000.

Insurance companies often rely on this rule to their advantage. Many times, insurance companies do not want to pay the full amount of your settlement. They use tactics designed to make you settle for less than what you are owed. Adjusters may question your actions, your speed, or even your statements at the scene. Without proper legal guidance, it can be difficult to push back against these tactics.

An Arizona personal injury attorney can investigate the crash, review police reports, gather witness statements, and challenge unfair fault assessments. At Lerner and Rowe Injury Attorneys, we represent injured clients throughout Arizona and work to ensure insurance companies do not shift unnecessary blame onto victims. If you were hurt and believe you may share some responsibility, you still have rights, and you may still have a strong claim.

How do I pay my Arizona medical bills if the insurance company is delaying my claim?

Insurance delays are common after car accidents and other injury cases in Arizona. Unfortunately, medical bills do not pause just because your claim is still pending. After the accident and injury, you will likely start receiving medical bills before a settlement amount is reached. These situations can create significant stress while you are trying to recover.

Several options may help bridge the gap. First, your health insurance can typically cover accident-related treatment while your personal injury claim is pending. During this time, you may still be responsible for deductibles or co-pays, but your insurance can prevent accounts from going into collections.

Medical providers often agree to treat patients under a medical lien. A lien means the provider delays payment and is reimbursed directly from your settlement once the case resolves. This arrangement can make ongoing treatment possible if you do not have immediate funds available.

Insurance companies sometimes stall to pressure injured victims into accepting a lower settlement. Your attorney can prevent that by communicating directly with the at-fault driver’s car insurance company to push for faster processing and challenge unnecessary delays.

At Lerner and Rowe Injury Attorneys, we help clients across Arizona understand their options and coordinate with providers whenever possible. Our goal is to reduce financial strain while your claim is pending so you can focus on healing.

What happens if I was hit by an uninsured driver in Mesa or Tucson?

Unfortunately, this is common in Mesa, Tucson, and throughout Arizona. Being involved in a car accident is stressful enough. Finding out the other driver has no insurance can make the situation even more overwhelming.

If an uninsured driver hit you, you may still have options. Many Arizona drivers carry uninsured motorist (UM) coverage as part of their auto insurance policy. This type of insurance coverage is designed specifically for situations where the at-fault driver has no insurance. It can help pay for medical expenses, lost wages, pain and suffering, and other accident-related damages.

In situations where the other driver has insurance but not enough to fully cover your losses, your underinsured motorist (UIM) coverage may apply. Even though these claims are filed through your own insurance company, they do not have your best interests in mind. Your own insurance company, which you pay for and expect to cover your losses, can still question the severity of your injuries or the value of your claim.

In some cases, there may also be other potential sources of recovery, such as third-party liability if another driver or entity contributed to the crash.

Lerner and Rowe Injury Attorneys represent clients throughout the state. We can review your policy, explain your coverage, and pursue the maximum compensation you may be entitled to recover under Arizona law.

How do pre-existing conditions affect my car accident settlement in Maricopa County?

If you were injured in a car accident in Maricopa County and had a prior medical condition, you may be concerned that it will hurt your case. This is a valid concern, but it’s also a tactic that insurance companies use against you. They do this by arguing that your injury or pain existed before the crash.

Insurance companies often rely on this tactic. It is especially common in Phoenix, Mesa, Scottsdale, and Chandler, where many residents remain active later in life. Adjusters frequently argue that these injuries were not a result of the accident and that they existed before the accident as a way to justify lowering settlement offers.

Arizona law protects injured victims in these situations. Under the eggshell skull rule, the at-fault driver must “take the victim as they find them.” Even if you had a pre-existing injury, the driver who caused the collision is still responsible for any worsening or aggravation of that condition. This law protects those with pre-existing conditions or injuries from predatory insurance companies; they cannot avoid liability simply because you were more vulnerable to injury.

An example of the eggshell skull rule would be manageable lower back pain before a crash on Loop 101 or I-17. After the accident, if you experienced a significant increase in your symptoms or required additional treatment, you may be entitled to compensation for that added harm. The focus is on how the accident changed your condition, not whether you were perfectly healthy beforehand.

Medical records are critical in these cases. Comparing your condition before and after the accident can help show how the crash made things worse. If you were injured anywhere in Maricopa County, Lerner and Rowe Injury Attorneys can review your situation and help protect the full value of your claim. Contact us for a free consultation.

How do pre-existing conditions affect my car accident settlement in Pima County?

When you have a pre-existing condition, it’s important to know how it can affect your car accident. If you were injured in a car accident in Pima County and had a prior medical condition, the insurance company may try to argue that your pain and injury were present prior to the accident. This is a common tactic in Tucson and surrounding communities, especially among retirees and active adults who may already have certain pre-existing conditions and injuries like back, neck, or joint issues.

Luckily, Arizona law protects vulnerable victims in this situation. Under the eggshell skull rule, the at-fault driver must take you as they find you. This means that even if you had a pre-existing injury, the driver who caused the accident can still be held responsible for making that condition worse. They do not get to avoid liability simply because you were more vulnerable to injury. When this happens, the at-fault party is liable for medical bills, pain and suffering, and other damages caused by the worsened injury or condition.

For instance, let’s say you had a prior shoulder injury that only resulted in occasional symptoms like pain or stiffness. That same shoulder now has a limited range of motion and needs physical therapy or even surgery following a car accident in Phoenix or Mesa. Even though the injury existed before the crash, the at-fault driver can still be held responsible for the worsening of your condition. The key question is not whether you had a prior issue, but whether the accident made it measurably worse or caused new complications.

If you are concerned about a prior injury affecting your claim in Pima County, Lerner and Rowe Injury Attorneys can review your case and help protect the value of your settlement.

How do pre-existing conditions affect my car accident settlement in Mohave County?

If you were injured in a car accident in Mohave County and already had a prior medical condition, you may worry that it might impact your car insurance settlement. A pre-existing condition or injury can present some issues after an accident. Insurance adjusters frequently point to old injuries to reduce what they pay. Whether your crash happened in Kingman, Lake Havasu City, or Bullhead City, the insurance company may try to argue that your injury or condition, like back, neck, shoulder, or knee pain, existed before the collision.

Arizona law does not allow insurers to dismiss your claim because you were not perfectly healthy. Under the eggshell skull rule, an at-fault driver must take the injured person as they find them. This means that if a crash aggravated, accelerated, or worsened a pre-existing condition, the negligent driver can still be held responsible for the additional harm caused by the accident.

For example, imagine you previously had a knee injury that caused occasional discomfort but did not limit your daily activities. After a car accident on I-40 or Highway 95, that same knee now requires injections, physical therapy, or surgery. Even though the condition existed before the crash, the at-fault driver may still be liable for increased medical bills, lost wages, and other damages arising from the worsening condition.

The key issue is how the accident changed your health. Medical records comparing your condition before and after the collision can make a significant difference during settlement negotiations. If you are concerned about a pre-existing injury affecting your claim in Mohave County, contact our northern Arizona law office to schedule a free case review. We are dedicated to helping ensure that insurance companies don’t unfairly reduce the value of an injury claim settlement under Arizona law.

How do pre-existing conditions affect my car accident settlement in Yuma County?

If you were hurt in a car accident in Yuma County and already had a prior injury or medical issue, you may wonder whether that will hurt your case. Depending on the condition and the injury you sustained, this is a possibility.

One of the tactics that insurance companies use to lower their payouts is arguing that your injury and symptoms were present before the crash. After collisions in Yuma, Somerton, San Luis, or along I-8, adjusters often claim that back, neck, or joint pain is unrelated to the accident.

However, Arizona law does not allow insurers to avoid responsibility when this happens. Due to the eggshell skull rule, a negligent driver can be held liable for the aftermath of a crash that aggravated, worsened, or accelerated a pre-existing condition. The eggshell skull rule protects injured individuals by making it clear that the fact you were not in perfect health before the collision does not prevent you from seeking compensation for medical bills, lost wages, and other related damages.

An example of this rule would be if you had a manageable hip injury before the accident. If a crash in Yuma led to increased pain, reduced mobility, or the need for additional treatment, the worsening of your condition may be included in your claim. The focus of this rule is not on the pre-existing condition but on how the accident changed your physical health and affected your daily life.

When this happens, you need to ensure you have medical documentation to compare before and after the crash, which can help show how your symptoms intensified or required new care. If you are concerned about a pre-existing injury affecting your settlement in Yuma County, Our dedicated legal team offers free case evaluations and is prepated to protect the full value of your claim under Arizona law.

Do you have additional questions? Contact us today.

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