What Happens If My Injury Got Worse During My Recovery Period?

Under Arizona law, if your injury deteriorates during the recovery period as a direct result of the original incident, you have the right to seek additional compensation. This encompasses increased medical expenses, lost wages, and pain and suffering.

Recent Case in Phoenix

In the case of Lockhart v. Industrial Commission, the claimant’s condition worsened after the initial compensation award. The Arizona Court of Appeals recognized that an injured worker is entitled to reopen their claim upon showing that their condition has changed due to an aggravation of the original injury. This underscores the importance of monitoring your health and seeking legal counsel if your condition declines during recovery.

Arizona Law and Your Rights

Arizona’s personal injury laws are designed to protect individuals whose injuries worsen over time. The state’s statute of limitations for personal injury claims is two years from the date of injury, as outlined in A.R.S. § 12-542. However, if your condition deteriorates after the initial claim, you may petition to reopen your case to secure additional compensation.

Statute of Limitations

It’s crucial to be aware of the statute of limitations when considering reopening a claim. In Arizona, you generally have two years from the date of injury to file a personal injury lawsuit. If your injury worsens, it’s essential to act promptly to ensure your rights are protected within this timeframe.

What To Do Next

If you notice a decline in your condition during recovery, document all changes and seek medical attention immediately. Consult with experienced personal injury attorneys to evaluate your case and determine the best course of action. At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is dedicated to advocating for your rights. We operate on a contingency fee basis, meaning you pay no fees unless we win your case.

For more information on how we can assist you, visit our personal injury attorneys page. To learn more about attorney Chelsie Talcott, click here. Discover why injured Arizonans choose us by visiting this page.

Don’t let a worsening injury go unaddressed. Contact Hirsch Talcott today to ensure you receive the compensation you deserve.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix wrongful death lawyer to understand your options.