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Arizona personal injury law can be confusing for the novice victim. With many elements and facts surrounding your injury case, it is challenging to find answers to your questions. When seeking compensation for their injuries, many plaintiffs ask, what should I do after sustaining injuries at work? Do I even have a case? What is the statute of limitation for my case?
When you face a legal issue or have questions concerning personal injury laws, you want to contact a reputable lawyer. This article answers the frequently asked questions concerning personal injury law. At Phoenix Personal Injury Attorney Law Firm, our able attorneys are on standby to help ease your stress and answer all questions in a timely fashion. If we have not answered a question, you might have in this article, contact us anytime.
Per Arizona law, a personal injury is a severe harmful act done to someone because of another person’s negligence. The types of accidents that Arizona personal injury law covers are:
Seeking medical attention from a qualified doctor is the initial step after an accident. You must receive the correct diagnosis of your injuries and treatment. After meeting with your doctor, ensure they treat you and document the extent of your injuries. Failure to seek treatment after your accident deteriorates your health further and weakens your injury case. Note that many Arizona insurance firms recognize visiting a doctor within two weeks after your accident as the standard time frame. Other stringent firms allow only 72 hours.
Second, report your accident to the authority. A police report is important to ensure the insurance firm compensates you. The report should show details of what happened, when it happened, the witnesses, and where the accident occurred. If possible, keep photographic evidence. Also, you want to collect the witnesses’ contact information and that of other victims.
Last, inform your insurance firm about your accident. Ensure you do it as soon as possible as time limits are involved. Contact us to discuss your injury case as soon as you are able.
After being involved in an accident, you do not want to do certain things to jeopardize your chances of receiving compensation. Do not post your accident’s details on social media, and do not make statements to insurers. Note that insurance adjusters are monitoring anything you do or say. Also, if you do not have a law practice background, avoid negotiating with insurance companies alone. Seek legal counsel from an experienced personal injury attorney as soon as you can to increase the chances of receiving the compensation you deserve.
Medical malpractice involves injuries caused by negligent hospitals, nurses, dentists, chiropractors, doctors, and health care practitioners. Before filing a personal injury claim due to medical malpractices, you must prove beyond a reasonable doubt that:
To prove medical malpractice, you undergo a two-part test. The test involves legal and medical questions where your hospital chart and hospital records must be obtained. You must submit the records to qualified physicians for assessment and expert opinion.
If the health care practitioners ascertain that the defendant fell below the expected standard of care and their conduct caused harm to you, the report reviewers must also provide a report to support your claim. Note that you could spend money to pay the healthcare practitioners who review your case.
Your attorney can only help you if you have answers to the medical questions in the two-part test. These opinions are crucial, and you cannot proceed with your personal injury claim because you know that something went wrong during treatment. The law cannot rely on gut feeling without proper medical opinion from certified doctors.
You are bound to make blunders if you decide alone. You want to talk to your lawyer, schedule a meeting, and thoroughly review your case. Your attorney could advise on whom you could sue and the amount of compensation you could receive. The counsel you receive hangs on the facts surrounding your claim and Arizona laws.
You bear the burden to prove beyond a reasonable doubt particular elements when establishing a personal injury claim. These are:
In many situations, you have a case if you prove that someone else caused harm to you. Since it is challenging to establish the elements mentioned above, you want to consult your lawyer.
You do not have to sustain significant injuries at the accident scene for your claim to hold water. According to scientists, sudden accidents could send a rush of adrenaline to your body as a biological response to a traumatic situation. The adrenaline rush slows down pain receptors and nerves; hence, you could take time before feeling pain. The odds are that you could feel pain and symptoms later. You want to seek help from your doctor even though you do not experience discomfort and feel excruciating pain. Note that some severe conditions could develop later in life.
In Phoenix, AZ, the statute of limitations for a personal injury is two years. For many claims, the countdown begins on the accident date. That means you should file your personal injury claim as soon as your injury occurs. If you delay filing your case, you have difficulty tying your health conditions to the accident, and recollections aren’t as sharp. Also, it is challenging to compile reliable financial information and medical reports without legal counsel in good time.
According to Arizona law, negligence is someone else's failure to take care when acting. For example, drunk drivers or distracted ones are deemed negligent in accidents because the law requires that drivers be attentive when driving, avoiding drinking and driving. Reckless driving, running stop signs, and speeding could also be deemed negligent.
Every driver has a duty to take care and drive safely. Negligence occurs when motorists make careless mistakes. At Phoenix Personal Injury Attorney Law Firm, we could help establish negligence if someone else caused your accident.
Your personal injury lawyers will want to have a good understanding of your injury case and the harm caused to you. Therefore, you want to explain everything in depth. Your lawyer could need you to dive deep into every detail of how your injuries occurred and the circumstances that led to these. Also, your attorney will need to learn your employment and medical history and any lost wages that your harm caused.
After the lawyer understands your case, they should discuss personal injury laws since they relate to you and the steps necessary to propel your case’s success. Also, your attorney will review the details on their particular expenses and fees.
After being involved in a road crash or workplace accident, the defendant’s insurer could be liable for your hospital bills and car damage. You must report all personal injury incidents to your insurer regardless of the extent of harm and injuries caused to you. If the at-fault party is underinsured or does not have coverage, your insurer could cover the damages. On the other hand, the defendant could be liable and pay for your expenses out of pocket.
Our personal injury lawyers could help you file claims and insurers after sustaining injuries at the workplace or in a road accident. It is advisable and safe to ask the insurer to write to you via email after an accident. What you say on a phone call is recorded and could be used against you to deny you compensation or lower your settlement.
If you believe your settlement is lower than what you deserve, the Phoenix Personal Injury Attorney Law Firm could offer help with negotiating with your insurer. At times your adjuster uses formulas and estimates to determine the value of your claim. We could gather and present relevant evidence to raise the chances of a positive outcome.
Avoid speaking with an insurer before consulting your attorney. Most insurance adjusters could approach you in a sympathetic and warm style and have you eliminate or reduce the liability of their insured. You want to request the adjuster to call your lawyer if you have hired one or contact your insurer if you have not retained a lawyer. The same case applies if the defendant’s lawyer contacts you.
Insurance adjusters’ aim is huge profits. Often than not, they do have your interests at heart or wellness in mind. Before accepting any settlement offer from your insurer, call your attorney because the insurer could offer very little on the dollar if you are an unrepresented claimant. Navigating the claim process is complicated and could be stressful without prior experience. At Phoenix Personal Injury Attorney Law Firm, we offer a confidential and free-of-cost consultation, and we are ready to offer you expert feedback concerning your settlement options.
In a personal injury case, compensatory damages are the major type of damages. These are further split into two: economic and non-economic damages. Economic damages involve tangible and objective losses and costs, like earning capacity, lost income, medical bills, property damages, and future treatment costs. Non-economic damages are subjective and cater to lost enjoyment of life, mental anguish, or pain and suffering.
For you to receive compensation, the damages must be quantifiable rather than speculative. If the defendant acts egregiously, you could receive punitive damages adding to compensatory damages. These damages are meant to punish the at-fault party and prevent them from being negligent in the future. The court rarely awarded punitive damages but could be substantial, even if there are constitutional limits on the extent of compensatory damages.
Your personal injury case’s worth hangs on the particular nature of the harm caused to you. You cannot quantify the injuries’ extent until a thorough investigation is done. You want to ask your lawyer for the approximate cost based on similar cases prosecuted in the past. However, note that lawyers are prohibited from promising to help recover a particular amount or assure an injury case's specific outcome. The odds are that the estimates that you receive are vague and qualified. Another question is the exact amount you can collect could depend on factors like the at-fault parties’ insurer, your insurance firm, and assets.
Various factors influence the final payout, which is why you need a reputable lawyer to research your claim deeply. These factors are:
Your insurer cannot automatically disqualify you from compensation for an injury sustained in an accident if you have a pre-existing condition. Typically, you cannot receive compensation for conditions or injuries that your accident did not cause. However, if the accident worsens the pre-existing condition, you could receive compensation. The compensation you receive covers both injuries, ailments, and mental health issues like depression and anxiety.
Arizona has a ‘pure comparative fault’ rule where you, the plaintiff, and the defendants share blame for an accident. Mostly, the court computes your damages and the fault portion belonging to both you and the defendant. Your compensation is lowered by the percentage equal to your fault.
For example, if the court decides your compensation is $10,000, and you are 20% responsible for the accident, you only receive 80% of the total compensation, which is $8,000. The comparative fault rule also applies if your fault percentage is higher than that of the other party.
The litigation process in Arizona could be lengthy. On average, personal injury cases take about two years to resolve. Also, your case could prolong if it goes to court. Another factor that determines the time it takes to settle your claim is the extent of your injuries. If you sustain severe injuries, it could take longer to reach a fair resolution.
Many personal injury claims are resolved before going to trial. However, it could take up to 18 months to gather a report as a doctor's report for a correct evaluation of your claim. Typically, this could include waiting until your injuries heal and accurately assessing the impact these injuries have on your future. It sounds time-consuming, but it is obligatory to ensure you are properly compensated.
At Phoenix Personal Injury Attorney Law Firm, we work hard to avoid cases reaching the courtroom. Mostly, compensation happens in about one year, which is way faster than proceeding with your case to trial. Per statistics from the U.S Department of Justice, only around 5% of personal injury cases see the inside of a courtroom. We help you maneuver the complexities of the Arizona justice system and achieve a positive settlement.
A ‘release of all claims’ refers to a document that your insurer needs you to sign before receiving your compensation. Usually, the document provides that you release the claims you have filed against the at-fault parties and their insurance. Also known as a liability waiver form, a release covers claims against an at-fault party you sued or paid a settlement and other potential defendants. Also, the release covers parties that are not involved in the case. Your spouse must also sign the release if you are married.
After an accident or sustaining your injury, many victims worry about paying their hospital fees. Depending on your case, there are different answers to the question. Firstly, your health or auto insurance would cover your medical costs. Secondly, you could rely on the defendant's insurer.
For a definite answer, you want to speak with a lawyer at our firm to discuss your alternatives. We offer free non-obligatory consultations, so you could feel comfortable talking to our attorneys at our firm concerning your case.
The defendant’s party insurer cannot pay for lost wages in the immediate aftermath of your accident. You could opt for medical payments insurance like MedPay, if you sustained injuries in a road accident. Also, you could receive long-term or short-term disability benefits through your employer. These insurance firms ask for reimbursements if you receive your settlement. You could also use these if you have paid time off, sick time, vacation time through your employer.
If you are injured at your workplace, you could have many compensation alternatives. In several situations, you are eligible for workers’ compensation benefits from your employer. These benefits cover your medical bills and a percentage of your lost wages. Also, worker’s compensation could offer vocational rehabilitation assistance and lump-sum payouts for particular disabilities or injuries.
If another person, who is not your employer or a colleague, caused the accident, you could file an extra personal injury claim against the defendant or third party. For instance, you could sue a workplace equipment manufacturer if defective equipment caused harm to you. You could be entitled to worker’s compensation reimbursement from the personal injury claim’s proceeds. If possible, you want to pursue a claim to fetch more monetary compensation than you could through worker’s compensation.
You can resolve simple injury cases without a lawyer. For instance, you are involved in a rear-end collision, where the rear motorist is at fault, and neither of you sustained injuries. You could settle this claim through negotiations with the insurance firms alone.
However, if the facts surrounding the claim are complicated, the at-fault driver contests liability, or you sustained serious injuries, you need a lawyer. Also, you want to hire a lawyer if a lot of money is at stake. Hiring an attorney is obligatory where expert testimony is required, especially in product liability and medical malpractice cases.
Nothing is more problematic than the source of funds to pay a lawyer when seeking compensation in a [personal injury case. You should not feel anxious that you lack money to pay your attorney. Often than not, personal injury attorneys present clients cost-free. Your lawyer’s fee is usually a percentage of your claim’s settlement or the court’s decision. This is referred to as a contingency fee arrangement. That means if you do not receive compensation, your lawyer will not earn. Your lawyer’s cut varies, but it is about 30 percent on average and could be higher if your case goes to trial.
Another payment arrangement you could make with your lawyer is the hourly or retainer. This refers to an arrangement where you pay your attorney hourly rates and an upfront retainer. Usually, a retainer is a particular amount of cash you put in a trust account, and your lawyer holds until they start working on your case.
At Phoenix Personal Injury Attorney Law Firm, our mission is to fight for the rights of clients who have suffered injuries due to negligence and make sure they receive the compensation they deserve. Our capable attorneys are our clients’ invaluable assets. Choosing us to seek compensation for harm caused to you is an ideal choice, thanks to our exquisite track record and legal guidance. Call us today at 602-641-9589 to speak to a personal injury lawyer.
Do not just take our word. Please read testimonials from our satisfied clients.
I had initially hired another law firm following my car accident. However, after a couple of conversations and telling me that my case was not as urgent as other cases, I contacted and hired Phoenix Personal Injury Attorney Law Firm. That was one of the wisest decisions I have made in life. The lawyers listened to me and addressed my concerns. Thank you.
It was a pleasure working with you, and I will refer you to my loved ones. The lawyers kept in touch to notify me about my case progress, and I am very grateful for the service offered. Your slogan is true; your clients' satisfaction is your priority.
Phoenix Personal Injury Attorney Law Firm is unbelievably responsive, organized, and probably the most effective process-oriented law firm I have encountered so far. The preparation for trial and mediation is beyond comprehension. The lawyers were keen to educate me about different legal options and their effect on my case.
Accidents do not always depict the most personal injury occurrences. In most cases, the incident was not an accident but a chain of events sparked by another person's negligence. An incompetent medical practitioner, a distracted motorist, or a drunk driver- these are persons that owed you a duty of care, breached the duty, and caused your injuries. The powerhouse lawyers at Phoenix Personal Injury Attorney Law Firm take pride in being the go-to defense legal force.
We are renowned as an aggressive, hardworking, and friendly law firm through decades of exceptional service. Our clients sing our praises for maintaining honest and open communications, keeping them updated about their claims, and achieving the best possible case results.
Our unrivaled lawyers work together for our clients' benefit. We explore different aspects of your claim to identify legal strategies other law firms might overlook. Your health, ultimate recovery, and well-being are of the essence to us, and that is why we will take on the work as you focus on recovery. We take pride in our dedication to client availability; we are a call away, round-the-clock.
Suppose you or a loved one has been injured by another person's wrongful action in Phoenix. In that case, we invite you to contact our knowledgeable and caring personal injury lawyers at 602-641-9589 for a free initial consultation and legal advice.