People who are hurt in Arizona because of somebody else’s negligence bring personal injury claims, workers’ compensation claims, or both. It depends on the situation and it requires the analysis of a lawyer that knows how to help injury victims pursue their claims, where it is appropriate.
However, in the case where somebody is allowed to bring a personal injury lawsuit in addition to making the workers’ compensation claim, there are additional and sometimes confusing procedures. For instance, most personal injury lawsuits have a statute of limitations of two years in Arizona. This means, in most cases, the person who was hurt anywhere in the State of Arizona has the right to bring a lawsuit any time within two years of the date of the accident against the person who was negligent in causing them to be hurt.
Unfortunately, there are many exceptions to this and therefore it is vital to at least speak with the best Arizona personal injury lawyer you can find as soon as you can after an accident to make sure you do not lose your rights because you waited too long to pursue your claim. However, when it comes to somebody who has been injured and they have the right to bring both a workers’ compensation claim as well as an injury claim, if they do not file their lawsuit within one year, they may lose all of their rights because their claim is assigned to their workers’ compensation carrier.
Moreover, when somebody who has been injured who has also received money from workers’ compensation wants to settle their case, they need to seek the approval of the worker of the workman’s comp carrier or they may lose their rights in many other ways including their rights to continue to get the medical treatment they need after a serious injury. Also, the Arizona Lien Statute requires that the personal injury recovery be used to pay back that same workers’ comp carrier who has made payments in medical bills and lost wages throughout the processing of the case.
However, trying to get that lien reduced and get as much money as possible for the person who is injured is often a vital part of what a good lawyer can do in helping an injury victim. If you or anybody you know has made any kind of workers’ compensation claim in Arizona and might also be considering bringing a personal injury action of any kind, please feel free to give us a call. Far too many people have made the mistake of not knowing their rights and losing them entirely.
Other people have made the mistake of not contacting the workers’ compensation carrier and making the right request and therefore losing the right to medical care they so badly and desperately need in some cases. It is a bad enough situation when someone’s already been hurt, but it is worse when the insurance carrier or the workers’ comp carrier takes advantage of their ignorance because they did not hire an injury lawyer to help them through the process.
Even if you are sure you have a claim or you want to bring a claim, it is important to at least get the information and the answers from attorneys that understand what’s going on, that can explain things to you in a way that makes sense, that can help you through the process regardless of whether or not there is an injury claim, a workers’ compensation claim in Phoenix, or any other legal rights that exist after somebody has been badly hurt.