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Personal injury claims in Arizona arise from a variety of incidents, with some causes being more prevalent than others. The most common causes of personal injury in Arizona include:
Car crashes are one of the leading causes of personal injury in Arizona. Over 125,000 car accidents happen annually in AZ, causing injuries and fatalities. This is partly due to major highways like I-10 and I-17 crossing the state, the rapid population growth in cities like Phoenix and Scottsdale, and traffic congestion often caused by reckless driving.
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The severity of injuries from car accidents can range from minor to catastrophic. Similar to other types of vehicle accidents, the majority of injuries sustained in car accidents involve:
When the incidents happen at high speeds, victims often face long recovery periods, mounting medical bills, and high lost earnings and capacity to earn. A personal injury lawyer in Arizona is key for determining fault and negotiating a fair settlement that accounts for all damages.
Slip and fall accidents are common in public places and private properties, often caused by:
Arizona premises liability laws require property owners to maintain reasonably safe conditions for visitors. If they don’t address hazards on time, they may bear responsibility for the resulting injuries on their property.
Injuries from slip and fall accidents can either be minor sprains or severe injuries. A personal injury attorney will assess if the property owner’s negligence led to the fall and take appropriate legal action against them.
Injuries in workplaces are another source of injury cases in Arizona. While many employees in Arizona are under workers’ compensation schemes, some cases involve third-party liability, such as a negligent equipment manufacturer or subcontractor.
Industries like construction, manufacturing, and mining are particularly at high risk for workplace injuries, but accidents can happen in any type of work environment. Workplace injuries can arise from various causes:
Besides physical injuries, workplace accidents in Arizona often cause lots of stress and financial pressure because of lost income and potentially large medical bills.
While workers’ compensation offers some relief, it may not cover the full extent of the damages. An Arizona personal injury attorney may explore additional legal avenues to secure compensation beyond workers’ compensation, especially if negligence was involved.
Errors in medical practice sometimes fail to observe the standard of care by a doctor, leading to patient harm. This can occur in various situations, like:
Medical malpractice is a significant cause of personal injury claims in Arizona. Handling these cases is challenging since most cases require the testimony of an expert to prove that the healthcare provider indeed deviated from the standard of care. Your personal injury attorney will put together detailed evidence to successfully prove the medical practice claim and uphold your right to seek compensation for the resulting injuries and losses.
Defective products cause over 29 million injuries and 22,000 deaths each year in the US, according to the Consumer Product Safety Commission. When a manufacturer produces a product that ends up hurting the consumers, they bear the liability for any resulting injuries. Product liability cases can include the following:
To prove that a product was defective, you will have to carry out a thorough investigation since these cases usually often involve large companies with huge resources. In this case, your personal injury lawyer will take care of any technical aspects of the product liability case and push the defendants to pay for damages.
Other cases of personal injury claims include:
When filing a personal injury lawsuit in Arizona, you can expect to go through a series of steps. Here’s what you should expect:
Our Arizona personal injury lawyers ensures that the process runs smoothly and the case is launched at the right time to protect your right to pursue legal recovery.
Many personal injury lawyers in Arizona have adopted a no-win, no-fee arrangement. This means you don’t pay upfront legal fees. Instead, you only pay your lawyer if they win your case, which involves receiving a percentage of the settlement or court-awarded compensation. This arrangement is known as a contingency fee and allows you to seek justice without financial barriers.
In addition to the typical legal fees, there are other costs involved in the legal process:
These expenses will be subtracted from your final settlement. A lawyer can explain these costs and give you a clear understanding of what to expect.
After a personal injury accident, what you do has the potential to impact the outcome of your claim. Due to the confusion and tension that come with accidents, people usually make mistakes that can adversely affect your claim. Your understanding of what to avoid ensures you don’t inadvertently jeopardize your case. Below are the key missteps to steer clear of:
One of the most important things to do after a personal injury accident is to go for a medical evaluation, even if you believe you didn’t sustain serious injuries. Delaying medical care can have negative effects on your case.
Firstly, some injuries may show up immediately following an accident, yet they can become life-threatening if left untreated. If you don’t seek medical attention swiftly, it could prolong your recovery time and exacerbate the injury.
Additionally, insurers may argue that your injuries are not serious, and that is why you did not seek treatment. This may mean denial of your claim or reduction of the potential settlement amount. However, quick medical attention creates a connection between the accident and your injuries.
In Arizona, you are required to file a report with police for accidents that cause damage exceeding $1,000, injury, or fatality. Insurance adjusters use police reports as neutral accounts of events when investigating the accident.
For workplace accidents, let your employer know immediately. This is because failing to report your accident on time may raise doubts about the validity of your claim and create challenges when proving liability.
One of the most common mistakes people make after an accident is admitting fault. Whether you feel partially responsible or are just trying to be polite, apologizing or admitting fault can seriously harm your case. Fault is determined based on evidence and analysis, not casual conversations. Simply exchange information with the other party, cooperate with authorities, and leave the determination of fault to the investigation.
Also, note that insurance adjusters may trick you into admitting fault or downplaying your injuries in recorded statements. These statements can later be used to reduce or deny your claim. Always speak with an attorney before providing any statements to an insurance company.
In today’s digital age, social media has become an important factor in personal injury cases. Insurance adjusters and defense attorneys often monitor the social media accounts of claimants to find evidence that could undermine their claims. Even innocent posts can be twisted and used against you.
Therefore, we recommend that you avoid posting photos, updates, or check-ins related to your daily activities after the accident. For example, a picture of you attending an event or engaging in physical activity, even if it was a brief moment, can be used to argue that your injuries aren’t as serious.
Also, avoid the temptation to discuss the details of your accident or injury on social media. Even well-meaning comments from friends or family members can be misconstrued and harm your case. It’s best to stay off social media entirely while your case is pending. If you need to use it, tweak your privacy settings to hide what you share.
After an accident, it’s common for insurance companies to offer a quick settlement, especially if they believe you have a strong case. These early offers are typically lowball settlements designed to resolve the case for as little as possible before the full extent of your injuries or damages is known.
Many early settlements don’t factor in the long-term financial impact of the injuries, such as ongoing medical treatments, rehabilitation, or lost future earnings. Note that once you accept a settlement, you give up the right to seek more compensation, even if new costs come up later.
Insurance companies may use tactics to pressure you into accepting a settlement before you have had the chance to consult with an attorney. They might claim that the offer is “time-sensitive” or that you’ll get less if you wait.
Be sure to seek your personal injury lawyer’s opinion before accepting any settlement offers. An attorney will dive into your case, unraveling its facts to determine the actual value of your claim.
Many people think they can tackle the process alone, especially when those injuries seem minor. But is this always the best choice? While self-representation isn’t outlawed, it may lead to costly errors.
Personal injury law demands tight deadlines, detailed paperwork, and complex rules that can easily overwhelm anyone without legal experience. A lawyer will take up the process to make sure no mistakes in your claim, which can undervalue your claim.
Also, insurance companies are skilled at challenging claims and possibly denying or minimizing payouts. Without a lawyer, you may struggle to negotiate a fair settlement. Attorneys are trained to recognize unfair tactics and will fight to protect your interests.
Handling insurance companies is one of the toughest parts of a personal injury claim process. Insurance adjusters are adept at protecting their company’s interests, which often means offering as little compensation as possible. However, an Arizona personal injury lawyer can help carry out meaningful negotiations with the insurers.
A personal injury lawyer can competently determine the scope of your damages, including future medical costs and subjective damages like pain and suffering. This ensures that the final settlement offer you accept is a true reflection of the accident’s impact on your life. Your lawyer will pick up communication with the insurance company, keeping you from making any statements that might undermine your claim.
Also, insurance companies will always dispute claims such as the extent of injuries. However, your lawyer knows how to use the available evidence to prove your case. Lawyers understand the techniques insurance companies use to arrive at low offers but will push for a settlement that fairly compensates you. If the insurance company won’t offer a fair settlement, your lawyer is ready to take the case to court. This shows the insurer that you’re serious about pursuing full compensation, which often encourages them to settle before trial.
In Arizona, the time allowed for you to launch a personal injury claim is two years from the date of the accident (A.R.S. § 12-542). Failure to act within this timeframe will likely result in your claim being barred, meaning you won’t be able to pursue compensation.
However, cases of medical malpractice or when making claims against a government entity are treated differently. For instance, claims against Arizona government agencies have to be filed within 180 days following an injury. Regardless of the nature of your personal injury claim, a personal injury lawyer will ensure your claim is filed within the appropriate deadlines to prevent possible costly delays.
Pain and suffering involves the non-economic damages a victim experiences after an injury. In Arizona, it can be challenging to put a figure on these damages compared to determining economic damages. Several factors influence pain and suffering:
Insurance companies adopt a multiplier method or a per diem method to come up with a pain and suffering figure. The multiplier method multiplies your actual damages by a number between 1.5 and 5, depending on the extent of the injury. The per diem method assigns a daily value to your pain and suffering, then multiplies that by the number of days you’ve experienced discomfort.
Whichever method an insurance company prefers, your personal injury lawyer will be keen to see that you get a fair recovery for your pain and suffering.
If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Glendale criminal defense attorneys.
Most personal injury claims feature emotional distress as part of recoverable damages. Emotional distress is considered non-economic damage and involves the psychological impact of the accident, such as insomnia or PTSD.
While you can sue for emotional distress in Arizona, you will need to demonstrate that the injury or accident directly caused your mental suffering. This often requires testimony from medical professionals like psychologists or psychiatrists to help bolster your claim. Your lawyer will help gather the necessary evidence to support your emotional distress claim and ensure it is included in your overall damages.
A police report is a key piece of evidence in a personal injury case. It gives an unbiased look at the events of the accident, often detailing important facts such as:
While a police report is not necessarily admissible in court as definitive proof, it serves as an important starting point for your lawyer’s investigation. It can help establish liability, provide evidence to support your claim and offer a basis for negotiations with the insurance company.
Most personal injury cases in Arizona are resolved through settlements rather than going to trial. Here’s how the settlement process works:
Settlements provide a faster resolution than going to trial, but it’s important to ensure that the settlement offer fully covers your damages. A personal injury lawyer will engage in lengthy negotiations protecting your rights and ensuring you receive fair compensation.
John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
Years of experience: +30 years
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What if I’m Partly at Fault for the Accident?
Hiring an Attorney vs Filing a Claim on Your Own
Factors That Affect Compensation
How Do Personal Injury Claims Work?
You can still be entitled to legal recovery even if you were partially at fault for your personal injury. That’s because Arizona follows a pure comparative negligence law, which implies that you can still recover damages even if you’re 99% responsible for the accident. However, your final payout will be reduced according to your percentage of fault. For example, if you are found to be 70% at fault, your award will be reduced by the same percentage.
Estimating future medical expenses can be tricky, but they’re a crucial part of a personal injury claim. Usually, your Arizona personal injury lawyer will work with medical experts to figure out the costs for ongoing or future treatments, like surgeries, rehabilitation, medication, and long-term care. This way, your settlement will likely take care of all your future medical needs.
If your personal injury claim in Arizona is denied, don’t panic. Insurance companies often deny claims to avoid paying out large settlements, and this doesn’t spell the end of your case. Your lawyer can appeal the decision and negotiate with them to acknowledge your claim. In case they still deny the claim, your attorney will file a lawsuit to prove your case in court and pursue your rightful compensation.
Personal injury cases usually take a few months to several years to reach court, depending on the weight of the case, the extent of the losses, and whether parties to the case are willing to reach an agreement. Your lawyer will work to move the process along as efficiently as possible while ensuring the lawsuit is filed in court before the deadline expires to secure appropriate compensation.
The common errors people make while filing personal injury claims involve accepting a quick settlement, overlooking long-term implications, undervaluing your claim, misunderstanding the statute of limitations, failing to preserve evidence, and trying to handle the case without legal representation. The best way to avoid these errors is to hire an Arizona personal injury lawyer early in the process to help handle the process professionally and improve the outcome of your case.
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