Every accident and every claim is different. These answers provide general information about the personal injury process in Arizona. For questions about your specific situation, contact Wade & Nysather for a FREE case review.
Not every accident requires an attorney. If you were injured, liability is disputed, the insurance company is questioning your claim, or you are simply unsure what to do next, speaking with a personal injury attorney can help you understand your options. Wade & Nysather offers a FREE case review with no obligation.
It is generally better to get legal guidance early. Evidence can disappear, witnesses can become difficult to locate, and insurance companies may begin contacting you soon after the accident. You can contact us even if you are still receiving medical treatment or do not yet have all of your documents.
If you are able, get to a safe location, call police or emergency services when appropriate, seek medical attention for injuries or symptoms, exchange contact and insurance information, take photographs or video of the vehicles and scene, obtain witness information if available, keep documents related to the accident, and contact an attorney if you have questions about your rights.
Call us. That is what the FREE case review is for. We can listen to what happened, ask questions about the accident and your injuries, and help you understand whether we may be able to assist.
Bring or provide whatever you have. Helpful information may include the police report or report number, photos or videos, insurance information, medical information, witness information, vehicle information, and letters, emails, or texts from an insurance company. If you do not have everything yet, you can still contact us.
Yes. You can call or text our office, and our intake team is available 24/7.
There is $0 upfront attorney fee for the personal injury cases we accept on a contingency basis. Our attorney fee is paid from the recovery if your case is successfully resolved.
Yes. Your initial case review is FREE, and there is no obligation to hire the firm.
A contingency fee means the attorney fee is based on a percentage of the money recovered in your case rather than requiring you to pay an attorney fee upfront.
Yes. Direct communication and personal attention are important parts of how Wade & Nysather handles cases. Your attorney and legal team work together, and we want you to understand what is happening throughout your case.
You will have an attorney and assigned legal team handling your injury claim. Depending on what your case needs, you may also work with team members who focus on specific areas, including our dedicated property damage specialist.
You may still be able to change attorneys. If you are unhappy with your current representation, you can contact us to discuss your situation and whether changing firms may be an option.
You may still contact us for a review. Different firms may evaluate cases differently. We cannot promise that we will accept the case, but a prior rejection does not necessarily prevent you from asking another attorney for an opinion.
Before giving a detailed or recorded statement, it can be helpful to speak with an attorney. What you say may affect how the insurance company evaluates the claim. Once you are represented, your attorney can help determine what communication is necessary.
That depends on which insurance company is requesting it and the circumstances of the claim. Before agreeing to a recorded statement, you should understand why it is being requested and what obligations may apply under your own insurance policy.
You do not have to accept an offer simply because it has been made. Before deciding, consider whether the offer adequately accounts for your injuries, medical treatment, lost income, future care, and other damages.
Contact an attorney promptly. Whether anything more can be done may depend on whether you signed a release, received payment, and the specific circumstances surrounding the settlement.
A denial does not always mean the claim is over. Police reports, photographs, witnesses, video, vehicle damage, electronic data, medical records, and other evidence may help determine what happened.
Arizona follows a comparative-fault system. In many negligence cases, a person who is partially at fault may still recover damages, although the damages can be reduced by that person's percentage of fault.
Arizona law generally prohibits an insurer from increasing an insured's motor-vehicle premium because of an accident that the insured did not cause or significantly contribute to. Individual insurance circumstances can vary, so questions about a particular premium change should be reviewed separately.
If you are injured or experiencing symptoms, seek appropriate medical attention. Some symptoms may become more noticeable after the accident, and your health should be the first priority.
That can happen. The important thing is to accurately describe when your symptoms began and how they have changed when speaking with your medical provider.
Depending on the circumstances, there may be providers willing to treat accident patients while payment is deferred until the personal injury case is resolved. If we represent you, our team can discuss available treatment options with you.
Often, yes. However, some health plans may later claim a right to reimbursement from settlement proceeds. Whether reimbursement is actually required depends on the plan and applicable law.
A medical lien may give a healthcare provider a claim against certain proceeds from your personal injury case. Whether a lien is valid and how much must be paid can depend on the circumstances.
Not necessarily. Validity, enforceability, available reductions, contractual obligations, and other factors may affect what ultimately must be paid.
Yes. Gathering accident-related medical records and bills is an important part of documenting a personal injury claim and preparing it for evaluation.
Tell us. Having a prior injury does not automatically prevent you from having a claim. The important issue may be whether the accident caused a new injury or aggravated or worsened a prior condition.
That does not necessarily prevent a claim, but prior treatment and prior accidents can become important. We need accurate information so the medical history and the effect of the new accident can be properly evaluated.
Your medical treatment decisions should be made between you and your healthcare providers based on your medical needs — not simply because an insurance adjuster has an opinion about treatment.
Every case is different. Factors can include the nature and severity of the injuries, length of medical treatment, medical expenses, future medical needs, lost income, permanent impairment or limitations, pain and suffering, effect on daily life, liability, and available insurance coverage.
Usually not with any reliability. Early in the case, we may not yet know the full extent of your injuries, treatment, future medical needs, available insurance, or other important information.
Depending on the circumstances, damages may include medical expenses, lost earnings, pain and suffering, disability, disfigurement, future medical needs, decreased earning capacity, and loss of enjoyment of life.
Lost income caused by accident-related injuries may be part of a claim when properly documented. Documentation may include employer verification, pay records, tax information, medical restrictions, or other evidence.
Self-employed individuals may still be able to document lost income, but the proof may be different. Tax returns, business records, invoices, appointment records, contracts, and other financial documents may become important.
Tell your legal team. The circumstances surrounding missed work, PTO, sick leave, and other employment benefits can be considered when evaluating your damages.
No. No attorney can guarantee a specific settlement, judgment, or outcome.
It depends on the case. Often, a demand is prepared once we have enough information to understand your injuries, treatment, bills, damages, and future needs. In many cases that is after treatment is completed or has reached a point where the future medical picture is clearer.
There is no single timeline. The length of a case may depend on medical treatment, liability issues, insurance coverage, the complexity of the claim, negotiations, and whether litigation becomes appropriate.
No. Your attorney can explain the offer, risks, strengths of the claim, and available options. The final decision whether to accept a settlement belongs to you.
Talk with your attorney. We can discuss why the offer was made, what evidence supports the claim, the potential risks and benefits of continuing negotiations, and what options may be available.
No. A client's dissatisfaction with an offer does not automatically mean litigation is appropriate. Liability, damages, evidence, available coverage, costs, risks, and the likely benefit of litigation all matter.
Most personal injury claims resolve without a trial. If a fair resolution cannot be reached, litigation may be considered when it is appropriate based on the facts and circumstances of the case.
Filing a lawsuit begins the formal court process. Depending on the case, litigation can involve written discovery, document requests, depositions, expert witnesses, motions, mediation, and potentially trial.
No. Cases can still resolve through settlement after litigation begins.
No. Whether litigation makes sense depends on the evidence, liability, damages, available insurance, costs, risks, and other case-specific considerations.
Arizona generally provides a two-year limitations period for actions involving injury to a person and injury to property, although exceptions and different rules can apply. Because determining the correct deadline can be complicated, do not wait until the deadline is approaching to speak with an attorney.
Yes, and they can be much shorter. Claims against an Arizona public entity or public employee generally require a notice of claim within 180 days after the claim accrues, and Arizona law generally requires the lawsuit itself to be brought within one year. Because these claims have special requirements, contact an attorney promptly.
You may have options through your own uninsured-motorist coverage, depending on your policy and the circumstances.
Uninsured motorist, or UM, coverage may provide benefits when an at-fault driver does not have applicable liability insurance or in certain hit-and-run situations.
Underinsured motorist, or UIM, coverage may apply when the at-fault driver's available liability insurance is not enough to fully compensate for covered damages.
Report the accident promptly and provide law enforcement and your insurance company with whatever information you have about the other vehicle. Depending on the circumstances and your policy, uninsured-motorist coverage may be available.
Yes. When Wade & Nysather represents you on your injury claim, our dedicated property damage specialist helps with the related property damage process at no additional legal fee.
Our dedicated Property Damage Specialist, Barbara Valenzuela, helps clients through the property damage process.
Depending on the claim, Barbara can assist with repair estimates, total-loss issues, rental vehicles, loss of use, insurance communication, repair-shop follow-up, towing and storage issues, and deductible reimbursement when applicable.
Yes. We can help with setting up a rental vehicle when available and communicating with the insurance company about rental issues.
Depending on the circumstances, a loss-of-use claim may be available. Our property damage specialist can help determine whether that issue applies to your claim.
When reimbursement is available, Barbara can help pursue your deductible reimbursement as part of the property damage process.
Generally, the vehicle owner may choose the repair facility. An insurer may suggest a preferred shop, but the repair-shop choice generally belongs to the vehicle owner.
Additional or hidden damage may be discovered after repairs begin. The repair facility and insurance company may need to address supplemental repair estimates when appropriate.
The insurer will generally evaluate the vehicle's pre-loss value using information such as the year, make, model, mileage, condition, equipment, and comparable vehicles. If you believe important information was missed, the valuation can be reviewed.
Sometimes. Keeping a totaled vehicle can affect the settlement because salvage value may be deducted, and title or registration requirements may apply.
Diminished value refers to the loss in a vehicle's market value after it has been damaged in an accident, even after repairs have been completed. Whether a diminished-value claim is available and how much it may be worth depends on the circumstances.
Responsibility can depend on liability, insurance coverage, the status of the vehicle, and how quickly the vehicle is moved. Because storage charges can accumulate quickly, towing and storage issues should be addressed promptly.
They may be relevant. Receipts for recent major repairs, new tires, equipment, upgrades, or other improvements can be provided for consideration during the valuation process.
Not necessarily. Your own auto policy or other coverage may extend to a rental vehicle, but policies differ. Check with your insurer before declining or purchasing additional coverage.
Passengers injured in accidents may have claims depending on who caused the collision and what insurance coverage is available.
You may still have a claim. Under Arizona's comparative-fault law, recoverable damages in many negligence cases may be reduced according to your percentage of fault rather than automatically eliminated.
Rideshare accidents can involve several possible insurance policies depending on what the driver was doing in the app at the time. These claims should be evaluated individually.
Commercial-truck cases may involve the driver, trucking company, vehicle owner, maintenance companies, cargo companies, insurers, or other parties. Because important evidence can be controlled by the trucking company, early investigation can be especially important.
The driver's employer may potentially be relevant depending on whether the driver was acting within the course and scope of employment and the facts surrounding the accident.
You may have workers' compensation issues in addition to a possible claim against another responsible party. The interaction between those claims can be complicated, so they should be evaluated together.
A bicyclist or pedestrian may have a personal injury claim against the responsible driver or other responsible party. Insurance coverage can vary depending on the circumstances.
Claims involving minors can involve additional legal requirements, including issues concerning settlement approval and how settlement funds are handled. These cases should be evaluated individually.
After a settlement is accepted, settlement documents must be completed and payment received. The firm may also need to address medical liens, health-insurance reimbursement claims, medical balances, or other obligations before the final distribution can be completed.
Timing depends on when the settlement funds are received and whether liens, medical balances, reimbursement claims, or other matters must be addressed first. We keep clients informed during this process.
Yes. Before final distribution, you will receive information showing the settlement amount and applicable attorney fees, case expenses, liens or balances, and the amount being distributed to you.
Once settlement funds have been distributed and the remaining matters have been completed, your file can be closed. Our team will answer any final questions before the case is completed.
You don't have to figure this out alone. Call or text Wade & Nysather for a FREE case review. Our team is available 24/7 to answer your questions and help you understand what comes next.
No fee unless we recover for you — the free case review carries zero obligation.
