Phoenix Personal Injury Lawyer

Phoenix, AZ Personal Injury

Phillips Law Injury Lawyers

Personal Injury in Phoenix, AZ

If you have suffered an injury due to the negligence of another person or as a result of a product malfunction, you may be eligible to claim financial compensation for your injuries and losses.

As a trusted Arizona law firm, Phillips Law Group is dedicated to defending the rights of injury victims and their families. Our Phoenix personal injury attorneys understand the difficulties victims can face after suffering from a personal injury and because of this, we provide our legal services on a contingency fee basis. This means there are no upfront legal fees for our work, and you only have to pay us if we reach a fair outcome for your claim.

We have many years of experience handling personal injury lawsuits and a proven track record of success including a $4,500,000 recovery for the family of a motorcycle rider that was fatally injured in a crash, a $3,100,000 recovery for an auto accident victim that suffered brain trauma and a broken neck in a collision, and more than $1,700,000 for a client that suffered a brain injury after falling down stairs.

Our firm’s Founder Jeffery Phillips is an award-winning injury attorney who has received invites to the Top 100 Trial Lawyers from the National Trial Lawyers Association and is a Leaders Forum member of the American Association for Justice.

To get started, contact Phillips Law Group to schedule a free, no-obligation consultation. A member of our award-winning team will review your claim and determine if you have a case against the party responsible for causing your injury. There is no risk in finding out if you may be entitled to compensation.

+ When Do I Need an Attorney?

If you’ve been injured in an accident, it’s time to call an attorney. Studies show that the average insurance award with an attorney is 3 times higher than without. Call (602) 258-8888 to tell us your story and get a free case review.

+ Should I Accept an Insurance Offer?

Insurance adjusters work for the insurance companies, and their priority is to make sure they pay as little as possible for the insurance claim. Talk to a lawyer before accepting an insurance offer to make sure you are getting a fair settlement.

+ How Much Does It Cost To Hire an Attorney?

There’s no fee to start your case. At Phillips Law Group we work on a contingency basis. That means you don’t pay us anything unless we ultimately win your case.

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    More Information on Personal Injury

    What You Should Do After an Accident

    There are few things more stressful and dismaying than being injured in an accident. Although many victims are initially overwhelmed in the days or weeks after a serious accident, it is important to act quickly to secure your claim.

    If you or your loved one is injured in an accident, it may be in your best interest to take the following steps:

    Seek Medical Treatment

    Your main priority after being injured in an accident should be your heath. If you have been involved in an accident, you should seek medical attention regardless of whether you believe you have been injured.

    Often, many victims suffer injuries with delayed or hidden symptoms that may not appear for days or weeks after an accident. For example, many auto accident victims who suffer whiplash may not begin to experience the injury’s symptoms until several days after the collision.

    Promptly seeking medical attention will provide you with an understanding of your injury and inform you of the treatment you need to recover.

    Furthermore, your actions after an accident will likely be heavily scrutinized by insurance companies. Quickly seeking medical treatment will provide documentation of the severity of your injuries and will show that they were caused by the accident.

    Consult with an Attorney

    Once you have received medical treatment for your injury and have a strong understanding of your health and financial losses, your next step should be to contact an attorney to discuss your claim.

    Phillips Law Group has experienced personal injury lawyers in Phoenix that can provide you with a free consultation to review your accident and the injuries you suffered. We will use this information to evaluate your claim and determine if you have a case that entitles you to compensation.

    An attorney will act as your advocate throughout the claims process and will handle all communications with insurance companies and attorneys representing the at-fault party.

    Keep Important Documents and Records

    Throughout the claims process, you should collect important documents and records that your Phoenix personal injury lawyer can use to support your case. This includes:

    • Police or accident reports detailing the incident in which you were injured
    • Receipts showing the cost and type of medical treatment you received
    • Employment records stating the wages you lost during the course of your recovery
    • Medical documents that show the severity of your injury
    • List of names and contact information for the other parties involved in your accident
    • Pictures taken of the accident scene

    Additionally, you should carefully document the course of your medical treatment. This includes accurately recording the types of medical treatment you receive and how your injury has responded to treatment.

    Be Careful What You Say

    Filing an insurance claim is often the first step in recovering compensation for your injuries. However, you should be cautious about what you say to the insurance adjuster. An adjuster is a person employed by an insurance company to determine the amount of compensation you should be paid.

    It is important to understand that an adjuster’s main goal is to save the insurer money by paying you the least amount of compensation possible. He or she may do this by using your statements against you to reduce your claim’s value or deny it altogether.

    For this reason, you should be careful about what you say to the adjuster, and you consider speaking with a Phoenix personal injury attorney before providing any type of recorded or written statement. Your lawyer will assist you in handling your claim to help ensure you are treated fairly and receive compensation that accurately reflects the severity of your injury.

    Act Quickly

    If you are injured in an accident caused by another’s negligence, it is important that you act quickly to secure your personal injury claim. This can help ensure you collect important evidence before it is lost and memories fade.

    It can also help make sure you stay within the statute of limitations that applies to your case. If you wait too long to file a lawsuit and miss this deadline, your case will likely be dismissed and you cannot recover compensation for your injury.

    For this reason, you should immediately contact a Phoenix personal injury attorney to investigate your claim and determine if you have a case.

    Evidence that May Help to Support Your Claim

    Evidence is vital to every personal injury lawsuit. To build a case that supports your claim, our personal injury lawyers in Phoenix may use evidence such as:

    Medical Records

    A crucial piece of evidence our attorneys use to build a case is the victim’s medical records. These documents can be used to establish the type of treatment the victim received and the severity of the injury he or she sustained during the accident.

    Some medical records our Phoenix personal injury attorneys may use include:

    • Ambulance service receipt
    • Initial doctor’s examination report
    • Results from medical tests
    • Physical therapy/rehabilitation
    • Specialist’s reports
    • A second opinion from a healthcare provider
    • Copies of medical imaging tests, such as x-rays
    • Copies of your prescription medication

    Additionally, you should keep copies of your medical bills, receipts, discharge information, and any other documents that your healthcare provider gives you. These documents can be used to prove you received medical treatment and are making an effort to treat your condition.

    In some cases, we may hire medical experts to review your records to determine the extent of your injuries and how they will affect your life. We also may use expert testimony to further support your case, if necessary.

    Police or Accident Report

    Another important document our Phoenix personal injury attorneys may use is an accident report. This provides an objective third-party account of an accident and may provide important details about the incident.

    According to ARS § 28-666, law enforcement officers in Arizona are required to file a report of any auto accident that results in injury, death, or property damage of more than $1,000. If your auto accident occurred in Phoenix, you can obtain a copy of the police report by contacting the Maricopa County Sheriff’s Office.

    Similarly, in incidents involving an injury on a property, such as a slip and fall accident, you should always report the accident to the property management so there is a written record of the incident.

    Photographs

    Photographs can be effective evidence to use in your case, as they provide a visual representation of the severity of the accident and the resulting damage.

    Some examples of the types of photographs you should take include:

    Pictures of the Accident Scene

    If possible, try to take as many photographs as you can of the accident scene immediately after the incident occurred. If you are severely injured and need medical attention, ask someone else to take pictures of the scene for you or try to return shortly after to do so yourself.

    If you were injured in an auto accident, the pictures you take should include the vehicles involved in the collision and any factors that may have contributed to causing the accident. This can include debris on the roadway or nearby traffic signs that show the at-fault driver acted negligently.

    Likewise, if you were injured in a slip and fall accident in Phoenix, you should photograph the location of the accident and any dangerous hazards the property owner should have fixed or warned guests about before visiting the property.

    Pictures of Your Injury

    Additionally, you should take pictures of your injury directly after the accident. This may help your claim in several ways, such as documenting the progress of your recovery and the time it takes for your injury to heal.

    Furthermore, if your case goes to trial, it may take several months before you are in front of a jury, and your wounds may be fully healed by then. By taking pictures of your injury directly after the accident, you will have proof of its severity.

    Injury Journal

    It may also benefit your claim to keep a journal in which you document how your injury has affected your life since the accident.

    Your journal may provide an insurance adjuster or jury with a better understanding of the effects of your injuries. In your journal, you should provide details such as:

    • How you have responded to medical treatment
    • Whether you have lost your independence since becoming injured
    • The pain and suffering you have experienced since acquiring your injury
    • If you have lost enjoyment of life
    • If you are unable to perform simple daily tasks

    Employment Records

    In many cases, an injury sustained in an accident may prevent the victim from working or earning an income. This may entitle the victim to compensation for lost wages or loss of earning capacity.

    However, to obtain this type of compensation, you will need employment records that detail:

    • Your average rate of pay before the accident
    • The average number of hours you worked each week
    • The difference in pay or time you spent working before and after the accident
    • Any benefits you have used since the accident

    A knowledgeable personal injury attorney in Phoenix will understand how to acquire this information and build a case that supports your claim. Your attorney will use this information to work to reach a fair outcome that helps you recover the compensation you deserve.

    Have a question about a potential case?

    What if I Am Partially At-Fault for My Own Injury?

    In some cases, victims may be partially responsible for their injuries. However, this does not mean you are not entitled to compensation for your injury, as personal injury victims can pursue compensation even if they are 99 percent at fault for their injury.

    In these cases, Arizona uses the standard of comparative negligence to determine the amount of compensation you can receive through a personal injury lawsuit, according to ARS § 12-2505.

    Under comparative negligence, a court will examine your actions during an accident to determine if you contributed to your injuries. The court will then assign you a percentage that represents your contribution to the accident. The value of your claim will then be reduced by this percentage.

    For example, a victim who was injured in a car accident may file a $100,000 personal injury claim against the at-fault driver. However, a court may discover the victim was speeding at the time of the accident and determine he or she is 20 percent at fault. This means the victim’s claim will be reduced by 20 percent, or $20,000, making the maximum compensation he or she can receive $80,000.

    The personal injury lawyers at Phillips Law Group work to make sure your claim is accurately valued and that you are not blamed for more than your share of contribution to the incident if you are found partially at fault.

    Have a question about a potential case?

    When Should I Hire an Injury Lawyer?

    If you believe you were injured because of another’s negligence, it may be in your best interest to work with an experienced Phoenix personal injury attorney to help you with your claim.

    This is especially important if:

    • Your injury was caused by the negligence of one or more parties
    • You suffered a serious injury that is expected to have a long-term or permanent effect on your life
    • An insurance company has asked you to provide a statement on the record or to sign a release form
    • You believe an insurance company is using your statement against you to deny your claim
    • An insurance company offers you a low settlement that does not compensate you for your medical expenses or other financial losses after the accident
    • Your personal injury claim has been denied

    If you believe you need help with your claim after an accident, it is important to consult with a personal injury lawyer in Phoenix as soon as possible. Your attorney will work to ensure your right to fair compensation is protected from insurance companies or other attorneys involved in the case.

    Have a question about a potential case?

    How Can an Injury Lawyer Help Me?

    Personal injury claims are often complex legal matters that are difficult for most people to handle alone. Many accident victims require the help of a skilled attorney who has intricate knowledge of Arizona’s personal injury laws and experience working with insurance companies to obtain fair and accurate results.

    All too often, insurance companies will attempt to settle a claim as quickly as possible for the lowest amount of compensation possible. Unfortunately, this offer rarely reflects the true amount the victim’s claim is worth.

    However, a personal injury lawyer from our legal team will work as your advocate during the claims process. He or she will understand the true value of your claim and will work with the insurance company to help you receive the compensation you deserve.

    A personal injury attorney can help to build a robust case on your behalf that supports your claim. This includes:

    • Investigating your accident and the at-fault party’s actions to determine his or her level of fault
    • Assessing your injury and how it has affected your life to determine the value of your claim
    • Collecting your medical documents, employment records, and any other documentation that shows the financial losses you suffered
    • Obtaining police and accident reports detailing the accident
    • Handling insurance companies and attorneys representing the at-fault party

    At Phillips Law Group, we dedicate the entirety of our skills and resources to meet our clients’ needs. We understand the burdens many injury victims face after an accident and will use our experience and knowledge to help you obtain the compensation you deserve.

    Have a question about a potential case?

    How Much is My Personal Injury Case Worth?

    All too often, the suffering endured by accident victims extends beyond physical and mental injuries. Victims can also suffer from financial burdens from expensive medical treatment and loss of income if a victim’s injury prevents him or her from working.

    At Phillips Law Group, our Phoenix personal injury lawyers understand that no amount of money can change what has happened to you. However, filing a personal injury claim may help you obtain the compensation you need to recover from your financial losses.

    Through a personal injury claim, you may be able to recover compensation for:

    • Past and future medical expenses
    • Lost wages
    • Loss of earning capacity
    • Cost of a caregiver
    • Medical assistive equipment
    • Rehabilitation
    • Property damage

    Victims may also be entitled to additional compensation for the intangible losses they suffered. This is referred to as noneconomic damages and includes compensation for:

    • Pain and suffering
    • Loss of enjoyment of life
    • Disfigurement
    • Loss of reputation
    • Loss of companionship

    Our experience as personal injury lawyers in Phoenix has provided the legal team at Phillips Law Group with the skills and knowledge needed to asses a victim’s claim to determine the fair compensation he or she is entitled to receive.

    During your free, no-obligation consultation, our Phoenix personal injury attorneys will review your claim to determine the total losses you suffered after the accident. Based on our findings, we will pursue every option available to help you recover the maximum compensation you need to recover from your injury and losses.

    Have a question about a potential case?

    Do I Have a Personal Injury Case?

    The main factor in a personal injury lawsuit is whether you are able to prove your accident and resulting injuries were caused by the other party’s negligence. To do this, there are four elements of negligence that must be present in your case.

    During your free, no-obligation consultation, one of our Phoenix personal injury lawyers will review your claim to determine if it includes the following elements:

    Duty of Care

    The first element your Phoenix personal injury attorney will look for is that the at-fault party owed you a duty of care to ensure your safety.

    This means the other party involved in your accident had an obligation to act in a reasonably prudent manner that would avoid causing you harm.

    For example, in an auto accident case, this standard applies to the duty motorists have to drive with care so as to avoid injuring or killing other motorists, passengers, or pedestrians sharing the roadway.

    Breach of Duty

    The next element that must be present in your claim is that the at-fault party breached its duty. This means the other party failed to exercise reasonable care to ensure your safety.

    A breach of duty might involve reckless or negligent behavior that differs from the way a reasonably prudent person would have acted under similar circumstances.

    This may include accidents caused by the at-fault party texting on a cell phone while driving or operating a motor vehicle under the influence of drugs or alcohol.

    Causation

    The third element that must be present in your personal injury claim is causation. This requires that your injuries were a direct result of the at-fault party’s failure to exercise reasonable care.

    However, the at-fault party does not have to be solely responsible for the accident in order to prove causation. It only needs to be proven that the at-fault party’s negligence contributed to the accident.

    This means your injuries would not have occurred had the at-fault party behaved in a different manner. For example, an auto accident would not have occurred if the at-fault diver had stopped at a stop sign or followed the speed limit.

    Damages

    Finally, you must have suffered damages as a result of the at-fault party’s negligence. This refers to the measurable losses you suffered after the accident, such as your medical expenses and lost wages.

    To prove that you suffered damages after an accident, your attorney will need to gather evidence that details the financial losses you have experienced. This can include documents detailing the cost of your medical treatment or employment records stating the wages you lost while you were recovering.

    Have a question about a potential case?

    How Long Do I Have to File a Personal Injury Claim?

    In most cases, it is in your best interest to file a personal injury lawsuit as soon as possible. However, each state has its own time limit in which victims are required to take legal action against the party responsible for causing their injury. This is referred to as the “statute of limitations.”

    In Arizona, the statute of limitations for personal injury lawsuits is two years from the date on which the injury occurred, according to A.R.S. § 12-542.

    This means you have two years from the date you were injured to file a lawsuit against the at-fault party. However, there are certain circumstances in which the two-year statute of limitations could be altered.

    The Discovery Rule

    In certain situations, the victim may not know that he or she has been injured at the time of the accident. In this scenario, the discovery rule may be used to extend the statute of limitations.

    Injury victims that retain the services of a lawyer recover more financial compensation compared to those that do not have legal representation.

    Under the discovery rule, the statute of limitations still applies to a personal injury claim.

    However, the two-year deadline begins when the victim discovers he or she has been injured or should have reasonably discovered it.

    Tolling the Statute of Limitations

    There are also instances where the statute of limitations may be suspended, or tolled, for a period of time. In Arizona, the statute of limitations may be tolled in the following situations:

    • If the victim is a minor under the age of 18, the statute of limitations will not begin until the date he or she turns 18 years old.
    • If the victim is found to be mentally incompetent at the time of the injury, the statute of limitations will be suspended until a court determines the victim is no longer disabled.

    Because the statute of limitations is unique for every case, it is important to discuss the deadlines that apply to your case with a trusted Phoenix personal injury lawyer. However, you should not hesitate to schedule a free consultation, as there is limited time to file a case.

    Have a question about a potential case?

    Why Should I Choose Phillips Law Group?

    Personal injury victims that hire a lawyer recover more compensation compared to those that have no legal representation. For more than two decades, our accomplished personal injury attorneys in Phoenix have been committed to helping our clients obtain the justice and compensation they deserve.

    Throughout our firm’s history, we have obtained more than $750 million for personal injury victims and their families. Some of our notable verdicts and settlements include:

    • $4 million governmental auto accident
    • $3.1 million auto accident
    • $3 million medical malpractice
    • $2.25 million slip and fall
    • $1.25 million motorcycle accident
    • $1.076 million motor vehicle accident

    Our injury lawyers are dedicated to our clients’ best interests and will not hesitate to pursue the maximum compensation you deserve. During your free, no-obligation consultation, we will carefully review your claim to determine who is at fault for your accident and can be held liable for your injury and financial losses.

    We can also help to answer any questions from the insurance company on your behalf so that you can focus on the recovery process. We understand the strategies that insurance companies use to deny and/or dispute claims and can help to ensure that your rights are protected.

    The legal team at Phillips Law Group is well-versed in Arizona’s personal injury laws and will explore every option available to help obtain the maximum result that your claim may be eligible to receive.

    Have a question about a potential case?

    Steps in a Personal Injury Lawsuit

    Typically, insurance companies are quick to settle personal injury claims and will work with your attorney to avoid a lawsuit.

    However, if you are dealing with an uncooperative insurance company that refuses to pay you fair compensation for your injury, our Phoenix personal injury lawyers will not hesitate to file a lawsuit to help you obtain the compensation you deserve.

    A Phoenix personal injury attorney at Phillips Law Group will often handle many specific details of your personal injury lawsuit, which may include:

    Demand Letter

    Once your Phoenix personal injury lawyer has determined that you have a valid claim, he or she will send a letter of demand to the at-fault party’s insurance company.

    The letter of demand is a notice that informs the insurer you are filing a claim and will provide the amount of compensation you and your attorney believe adequately covers the cost of your injury and your financial losses after the accident.

    Your Phoenix personal injury lawyer will likely need to negotiate with the insurer to reach a fair settlement.

    Complaint

    If you are unable to reach an agreement, your attorney will proceed to file a complaint with Maricopa County Clerk of Court that states your intentions to file a lawsuit against the at-fault party. This will initiate the lawsuit process and must be filed within the statute of limitations.

    Your complaint letter will set the grounds for your lawsuit and will include the reason why you are suing the at-fault party and the amount of compensation you are pursuing.

    Once your complaint letter has been served, the at-fault party must respond by either admitting or denying fault for causing your injury. This also provides the at-fault party with an opportunity to file a counter-claim to your lawsuit.

    Discovery Process

    The next step in a personal injury lawsuit is the discovery process. This is a formal fact-finding investigation that allows the attorneys on both sides to gather information on the other party.

    Typically, the discovery process involves interviewing the other party and any witnesses that might be used to testify during the trial. This is referred to as “depositions,” which usually involve an attorney asking a series of questions to a person under oath while being recorded by a court reporter.

    Pre-Trial Motions and Settlements

    Before the trial, your attorney and the at-fault party will have a last chance to file motions that may affect how the trial proceeds or which evidence will be admitted.

    Additionally, this stage provides your attorney with the opportunity to settle the lawsuit before the trial begins. This is often accomplished through alternative methods like mediation or arbitration where both sides can present their case to a neutral third-party arbiter or mediator who decides a fair settlement.

    Trial

    If a settlement is not reached, the final step is to take the lawsuit to trial, which can last for days or weeks, depending on the case.

    During trial, each side will present its argument and the evidence it has collected. Once the trial concludes, a jury will announce a verdict. If the jury rules in favor of the injury victim, it will generally require the other party to pay the victim compensation. If the jury rules in favor of the other party, the victim will not receive compensation.

    If a party disagrees with the court’s verdict, the decision can be challenged through an appeal to the Court of Appeals Division One in Phoenix. A panel of three judges will hear and decide the case. That decision can then be appealed by filing a Petition for Review requesting that the Arizona Supreme Court review the case. However, the Supreme Court does not hear every appeal.

    At Phillips Law Group, our personal injury attorneys in Phoenix will relentlessly pursue your claim to help you recover the compensation you deserve. Although personal injury trials are rare and most cases settle before reaching court, we will not hesitate to pursue each option available to reach a fair outcome for your claim.

    Have a question about a potential case?

    Types of Personal Injury Cases We Handle

    As experienced personal injury attorneys in Phoenix, we have represented victims who were injured in a variety of accidents. Some of the most common personal injury cases our attorneys handle include:

    • Burn injuries
    • Construction injuries
    • Dog bites
    • Medical Malpractice
    • Motor vehicle accidents
    • Nursing Home Abuse
    • Premises liability claims
    • Product liability
    • Slip and fall accidents
    • Spinal cord injuries
    • Traumatic brain injuries
    • Workplace accidents

    Do not hesitate to contact us to schedule a free, no-obligation consultation to discuss your claim. We are well-versed in Arizona’s personal injury laws and will review every aspect of your claim to help you determine if you have a case against the at-fault party.

    Have a question about a potential case?

    Contact a Phoenix Personal Injury Attorney at Phillips Law Group Today!

    If you believe you were injured in an accident caused by another’s negligence, you may be entitled to pursue compensation through a personal injury claim.

    However, it is in your best interest to contact an experienced Phoenix personal injury attorney who is committed to defending your claim and acting in your best interest. Your attorney will act as your advocate during the claims process and will work to ensure you are treated fairly and adequately compensated for your injury.

    To discuss your claim with an award-winning personal injury lawyer in Phoenix, contact Phillips Law Group to schedule a free, no-obligation consultation. We will review the circumstances behind your accident and how your injury has affected your life to help you determine if you have a case against the at-fault party.

    All of the personal injury lawyers in Phoenix at the office of Phillips Law Group work on a contingency fee basis, which means we do not charge you upfront legal fees for our services. The only time we require payment is if we are able to reach a fair outcome for your claim.

    Have a question about a potential case?

    What Is Defined As Personal Injury?

    By definition, a personal injury is a form of tort in which one individual or party inflicts either bodily or psychological harm on another. A personal injury can also include damage to a person’s public image. Tort law allows an injured person to restore what was lost financially through civil court.

    Intentional Harm vs. Negligence

    Establishing causation is a crucial element in any personal injury case. When you file a claim, you must provide evidence showing that the defendant in your case intentionally harmed you or behaved negligently, leading to an accident resulting in your injuries.

    To prove an intentional tort, you may provide evidence of someone committing an act specifically to cause you direct harm. For example, if an individual provided you with false information to cause you emotional distress, you would need to provide evidence they knew it would mentally harm you and did it specifically for that reason.

    To prove a negligent tort, you must provide evidence to support the following:

    • The defendant had a duty to act in a way that maintained the safety of others.
    • The defendant caused an accident by violating that duty.
    • The accident then caused the injuries and damages listed in your claim.

    It can sometimes take months or even years to collect sufficient evidence to prove a personal injury claim, depending on the type of case. However, a personal injury attorney can help.

    Most Common Type of Personal Injury Civil Suit

    Auto accidents account for most of a personal injury attorney’s work. Examples include various points of impact, such as sideswipes, rear-end, head-on, and side-impact collisions, multi-vehicle crashes, pedestrian accidents, and motorcycle crashes. The type of auto accident with the most potential for severe injury or death is a truck accident.

    If you suffered an injury in a car accident, Phillips Law Group could help. Contact us today for a free consultation.

    Have a question about a potential case?

    Is Personal Injury the Same as Negligence?

    Personal injury and negligence are closely connected — in fact, you don’t have one without the other. That being said, they are two different and distinct elements of a personal injury claim. In short, negligence is the cause, the effect of which is the plaintiff’s personal injury. Had it not been for the defendant’s negligence, the plaintiff would not have been injured in the first place.

    Your attorney’s job is to prove that it was negligence on the defendant’s part that caused the plaintiff’s personal injury.

    Personal Injury, Defined

    According to the Legal Information Institute, personal injury is harm to a person’s body (physical injury, pain and suffering), psyche (emotional distress), or reputation (slander or libel) due to the actions of another. This makes it different from a property claim.

    Types of personal injury include:

    • Bodily injury, due to an accident, assault, or medical malpractice (the latter type of case is more complicated and rules vary from one state to another)
    • Defamation of character slander or libel)
    • False arrest or illegally being detained against the plaintiff’s will
    • Harassment, intimidation of bullying
    • Intentionally-inflicted emotional or psychological distress
    • Malicious prosecution
    • Privacy violations

    Negligence

    This is the actual cause of action for an injury case. In order for negligence to exist, the plaintiff must present clear and convincing evidence that the defendant owed them a duty of care and failed in that duty.

    Examples of negligence include:

    • Failure to ensure the premises are free of hazards
    • Failure to maintain machinery in safe working order
    • Incompetence (this is the basis for medical malpractice claims)
    • Deliberate carelessness or flagrant disregard for the safety of others (this includes accidents due to intoxication or recklessness)

    Your legal counsel’s responsibility in an injury case is to gather all evidence of the defendant’s actions or carelessness and present it to opposing counsel or the court.

    Have a question about a potential case?

    What Area of Law is Personal Injury?

    Law has a number of categories. The areas with which most citizens interact regularly are criminal justice, torts, and contracts. The former is used by municipal, state, and federal governments to hold accountable those who commit crimes against the public, i.e., murder, assault, theft, vandalism, etc. Contract law is just that: a system for establishing and enforcing contracts entered into between multiple individuals. (There is another specialized category, known as qui tam, or whistleblower law, but most average citizens are never involved in such cases.)

    Personal injury falls under the category of torts. Personal injury can mean physical injuries suffered due to another’s negligence, emotional and psychological stress caused by harassment, bullying and abuse, and damage to one’s reputation.

    A Long History

    The term “torts” comes from an old Anglo-Norman word, meaning “to twist.” Tort law dates back to the Roman Empire, but a form of it was also practiced among the ancient Anglo-Saxons. Before the Norman conquest of England, a person who had been wronged was able to bring their complaint to a body known as the folc-gemot, who would hear both sides, weigh the evidence and render judgment. If found liable, the party responsible was obliged to pay a sum of gold, known as wergild (“man-price”) to the one who filed the complaint.

    Modern Tort Law

    The basic concept has not changed in 1500 years, although the process is much different today. Personal injury cases that are not settled beforehand go to trial before a judge and jury.

    In order to bring a personal lawsuit, the plaintiff must provide evidence of the defendant’s negligence or wrongdoing. Although citizens can represent themselves in a court of law, this is inadvisable, as personal injury cases can be very complex. This is why it is best to have legal counsel on your side.

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    What are the Most Common Types of Personal Injury Claims?

    By far, most personal injury cases stem from motor vehicle accidents. The cause of action in these cases arises from a driver failing to pay attention, driving intoxicated or recklessly, or a vehicle in disrepair. In such an injury case, the defendant is the driver responsible, but it is usually the insurance company that pays.

    There are many other types of personal injury cases as well. Here are some of the most common types.

    Slip and Fall Accidents

    The principle here is premises liability. The owner of a property, whether a private residence or a business, has an obligation to keep the premises free of hazards.

    The compensation in a slip and fall injury case can vary a great deal. For example, if you suffered a broken bone, a traumatic brain injury, or a spinal injury, you would be entitled to recover far more than if you simply got bruised or cut.

    Medical Malpractice

    These injury cases represent the most complex litigation in the practice of law. While an incompetent physician is usually liable for the plaintiff’s injury, other parties often bear liability as well. They may include surgical assistants, nurses and other hospital personnel, the manufacturer of medical equipment, a drug company, and even the hospital itself.

    Dog and Animal Attacks

    Legally, the owner of a dog or other animal bears liability for any injuries it inflicts. The law varies from one jurisdiction to another, but generally, unless the plaintiff was trespassing on private property at the time of the attack, a dog owner (or his insurer) must pay compensation.

    Product Liability

    A plaintiff has a case if they purchased a product that proved defective and caused an injury. This is another complex type of litigation that can involve numerous plaintiffs and dozens or even hundreds of plaintiffs. Often, these cases go to multi-district litigation, in which all cases are consolidated before a single court.

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    How Do I Know if I Have a Personal Injury Claim?

    If you sustained injuries in an accident or due to a product defect, it’s understandable that you would want to recover damages from your losses. While filing an insurance claim provides one avenue for receiving compensation, what the insurance company offers may not be enough to pay for all damages. You can file a personal injury claim if you meet state criteria for filing.

    Personal Injury Negligence Criteria

    You may have a personal injury case if another party’s negligence caused or contributed to the accident that led to your injuries. Your claim is valid if you can demonstrate the following:

    • The other party owed you a duty of care.
    • The other party was negligent in fulfilling responsibilities.
    • The other party’s negligence caused your injuries.
    • You sustained injuries that warrant compensation.

    Property owner and vehicle driver negligence are potential grounds for a personal liability claim. You may also have a claim if you sustained dog bites.

    Product Liability Claims Criteria

    If you sustained injuries from a defective product, you might be able to recover damages from the product manufacturer or other relevant parties responsible for ensuring products are safe for consumers. The following three types of defects are potential causes for a personal injury claim:

    • Defects in the initial product design
    • Defects that occur during the manufacturing process
    • Defective or deficient marketing and information materials

    If you can demonstrate that any of the above issues caused your injuries, you may benefit from filing a personal injury claim.

    Time Limits for Filing

    Timing is critical in determining whether you have a personal injury claim. Arizona Revised Statutes §12-542 establishes a two-year time limit for most personal injury claims. If you don’t file within two years of the time the injuries occurred, you miss your opportunity to file a legal claim.

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    Do I Need a Personal Injury Lawyer?

    While you don’t need a personal injury lawyer to represent you in a personal injury case, you’re much more likely to receive an optimum payout if you do hire one. Personal injury lawyers have the experience and know-how necessary to negotiate with insurance companies and, if needed, navigate the complex processes involved in a case that makes it to the courtroom.

    There are many steps involved in getting compensated for a personal injury case as a result of an accident. For example, you will need to send a demand letter to your insurance company that specifies what your damages are, why you believe you are entitled to them, and the total amount that you’re demanding from your insurance company.

    After you send the demand letter, you will receive a letter back with a counter-offer as well as an argument about why the insurance company believes they owe you less than you claim. You can then respond similarly. This back-and-forth negotiation process is something personal injury lawyers are familiar with, and they will be able to effectively write arguments that support your case with the proper documentation and evidence needed to convince your insurance company to maximize your payout.

    If the settlement process breaks down, you have the option of taking your case to court. Exceptionally few people are successful when representing themselves in such a case, as the insurance company has the resources to hire especially experienced lawyers that are well-versed in defending the company’s financial interests.

    You may have heard the saying, “A lawyer who represents himself has a fool for a client.” Even experienced lawyers are wise not to represent themselves. The reason for this is that an unbiased set of eyes to view your case impartially is all but necessary to fairly assess your options and view the situation objectively.

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    How To Find a Personal Injury Lawyer Near Me?

    A glance at a search engine will tell you about law firms in your area. If you want to, you can just choose the one closest to you and give them a call. However, you would be taking the first step without due diligence. How do you pick the right personal injury lawyer?

    The first thing you’ll want to look at is the firm’s area of expertise. While an insurance lawyer might have experience, they may not specialize in personal injury law. They may even specialize in cases advocating for insurance companies and not the people who make a case against an insurance company. This is why you should first look at the firm’s website and see what kind of law they’re best at. A firm that advertises its experience advocating personal injury cases will generally be a better choice than a firm that advertises other specializations.

    The fee structure is also important. Most personal injury lawyers will work on a contingency basis. This means that they earn a portion of what you earn. This is why many lawyers specializing in personal injury will only take your case if they believe you can win a large sum. Free consultations are the norm in personal injury law. If you visit a lawyer and they reject your case during the consultation, then that lawyer probably isn’t the best choice for you. You should find a lawyer who, at the very least, will accept your case.

    Another reason a lawyer might reject your case is that the ultimate payout isn’t worth the costs involved in running a law firm. A lawyer who only operates on a contingency basis is unlikely to take your case unless they can rake in a profit from it. If you’re after a relatively small sum, you may do best with a lawyer who works on an hourly basis. This way, even if the payout is small, the lawyer will still work to represent your interests.

    You can ask friends and family if they have any experience with personal injury lawyers. They may be able to offer a recommendation. While this can be helpful as a starting point, you generally don’t want to go by recommendation alone. Your case is unlikely to be identical to the person who gave you the recommendation. Personal injury lawyers often have different personalities and approaches to cases, and you’ll work better together if you agree with their style. Thus, it is always best to meet with a lawyer face-to-face before going solely on a recommendation. You may find that you’re just not suited for each other.

    If you know any lawyers personally, you can ask for their advice. They may not be personal injury lawyers themselves, but they may know someone in their network who is. However, just like taking advice from friends and family, you should be careful before you commit to anything. Again, always meet with the lawyer face-to-face to be sure you can work well together.

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    How Much Is the Average Personal Injury Settlement?

    The resulting care expenses can be substantial when you sustain injuries in an accident. If you have a solid personal injury claim to recover compensation, you can obtain the funds to relieve yourself of the financial burden. However, the legal process can be challenging and take a long time, depending on the specifics of your case, and you may wonder if a lawsuit is worth it.

    Can you get enough compensation to cover your bills? What is the average amount someone receives from a personal injury settlement? Understanding how much money people typically recover can help you seek the maximum compensation in your claim.

    Your Claim’s Value Depends on Many Contributing Factors

    The average compensation amounts from personal injury lawsuits range from $3,000 to $75,000. However, people can receive more if the details of their accidents warrant a higher settlement. Arizona laws do not cap the amount you can receive from an injury settlement.

    The amount of your particular compensation depends on your unique circumstances:

    • How severe are your injuries?
    • What are your out-of-pocket expenses after insurance?
    • Did you suffer lost wages because of your injuries?
    • Do you have long-term pain and suffering?

    Severity of Injuries

    The type of damages you sustain helps determine your final recovery amount. If you suffer severe bodily injuries, you require more treatment with a higher probability of lost work time and long-term care or therapy needs. Because of this, you face more significant expenses, demanding more financial compensation in your case.

    Out-of-Pocket Expenses

    You can seek economic damages for out-of-pocket fees in an insurance or legal claim. If your medical care needs, property damages, and other expenses are costly, you are more likely to receive a higher settlement amount.

    Insurance Claims

    Insurance agencies are businesses that need to make a profit. They aim to offer you the lowest possible amount in your case, and policies may limit coverage and compensation amounts. Filing an insurance claim before an injury lawsuit can decrease your settlement amount.

    Personal Injury Experience Helps You Get the Compensation You Deserve

    Each personal injury settlement is distinctive. Consulting with one of our knowledgeable attorneys helps you determine how much your claim is worth.

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