A “personal injury” is any type of injury to a person’s body, as opposed to damage to property, and in Arizona, personal injury law provides victims with the right to pursue compensation through a lawsuit when another person, company or public entity’s negligence causes them to suffer injury or harm. By filing a personal injury lawsuit in court, injured victims can hold the responsible person or party accountable for their injuries and recover the monetary damages they are entitled to for the losses they suffered as a result of their injuries. For instance, if a truck driver falls asleep behind the wheel and collides with a motorcyclist, the motorcyclist can file a claim against the negligent truck driver, seeking compensation for his or her injuries and losses. If you have been injured in an accident in Scottsdale or the surrounding area, or if you have lost a loved one in an accident caused by someone else’s negligence, we are here to help. Contact our reputable legal team at Personal Injury Attorneys, PLLC as soon as possible to find out what we can do for you.
Reputable Personal Injury Attorneys
Most people have heard the term “personal injury” before, but not everyone has a full understanding of what personal injury law entails and the best way to recover fair compensation after suffering personal injuries in an accident caused by the negligence of another person, business or entity. In Arizona, when you are injured or harmed because of someone else’s negligent, careless or irresponsible actions, you are entitled to collect compensation for your injuries and any losses you incur as a result of your injuries through a personal injury claim. Most Scottsdale personal injury claims are settled outside of court, but even then, you need someone who understands the intricacies of personal injury law to advocate for you and represent your best interests, so you can avoid settling your claim for less than you deserve. There are certain facts we need to know about your accident and injuries before we can estimate how much money your claim is worth, but there is one thing that is true about nearly every case we come across – hiring the right attorney can mean the difference between a fair personal injury settlement and a low settlement or no settlement at all.
Common Types of Personal Injury
According to the National Safety Council, accidental injury has become a leading cause of death in the United States, and statistics show that one person is accidentally injured every second and killed every three minutes in a preventable event, or accident, such as a motor vehicle collision or a fall. In fact, more than 169,000 Americans were killed in unintentional accidents in 2017, the highest number of preventable deaths in recorded U.S. history, and millions more were injured. The following are some examples of the types of injuries we typically see in Scottsdale personal injury cases:
- Broken bones
- Severe bruising
- Spinal cord injury
- Head and neck injury
- Back injury
- Brain damage
- Organ damage
- Internal bleeding
- Permanent disability
- Scarring or disfigurement
- Wrongful death
Examples of Accidents Causing Personal Injury
We commonly refer to preventable events as “accidents,” but the National Safety Council says there is no such thing as an accident, that we have the tools we need to save lives and prevent serious injuries and fatalities but have consistently failed to prioritize safety at home, at work, and on the road, with deadly consequences. The same is true in Arizona, where thousands of people are injured and killed in motor vehicle collisions and other preventable accidents every year. Some of the leading causes of personal injury in Scottsdale and the surrounding area include the following accidents:
- Motor vehicle accidents
- Slip and falls
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Truck accidents
- Train accidents
- Dog bite attacks
- Elevator accidents
- Premises liability accidents
- Construction site accidents
What to Do if You are Injured in an Accident
There are a number of steps you should take after being injured in an accident in Scottsdale, but the two most important are: to seek medical care to document your injuries and to contact a personal injury attorney to discuss your legal options.
Having a doctor examine you after being involved in an accident means the accident and the injuries you sustained will be documented by a medical professional, and this record of your injuries could prove to be integral to your personal injury case. Some injuries that can result in chronic, debilitating pain, like head, neck or back injuries can take days or even weeks to emerge after an accident, and unless you seek immediate medical attention, you may find it difficult to connect these injuries to the accident, which will make it nearly impossible for you to recover the full amount of compensation you deserve.
As soon as possible after seeking medical attention, you should consult a personal injury attorney who has experience handling cases like yours in Scottsdale and the surrounding area. You are bound to face some challenges in seeking fair financial compensation from the person or party whose negligence caused or contributed to your injuries, and having a knowledgeable personal injury attorney protecting your rights and advising you on your legal options is your best chance of maximizing your recovery.
Recovering Compensation for Scottsdale Accident Injuries
The key to successfully recovering compensation for the injuries you sustained in your accident is proving that you were injured in the accident and that you suffered some measurable loss as a result of your injuries. If you slipped and fell at your local grocery store due to the store owner’s negligence, and you either didn’t suffer any injuries or you can’t prove that your injuries were a direct result of the accident, you may not be eligible for damages. In order to get the most out of your claim, you need the help of an attorney with experience representing clients in Scottsdale personal injury and wrongful death cases. With our skilled, trial-tested attorneys on your side, you can pursue the compensation you deserve for any losses you suffered as a result of your accident, including the following economic and non-economic damages:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of companionship/consortium
Statute of Limitations for Personal Injury Claims
After suffering serious injuries in an accident due to someone else’s negligence, probably the last thing you want to think about is finding an attorney and pursuing a legal claim. Our attorneys believe that it is the right of all accident victims to recover from their injuries in peace, but we also believe that it is the right of injured victims to receive the maximum amount of compensation for their injuries, and that means acting quickly to initiate a lawsuit. In Arizona, the statute of limitations for personal injury claims is two years, which means victims who suffer personal injuries in a car accident, slip and fall, or construction accident have only two years from the date the injuries occurred to file a lawsuit. If the claim is against a government agency or public entity, the statute of limitations is even shorter, so it is in your best interest to contact an attorney right away after suffering injuries in an accident caused by the negligent or careless actions of another person or party. Most people file an insurance claim first after being involved in an accident, but if your insurance claim is denied or delayed, or you are offered a low settlement, you don’t want to miss out on filing a lawsuit because the statute of limitations has expired.
Proving Negligence in Your Personal Injury Case
Most personal injury cases in Scottsdale rely on the legal theory of negligence, which has to do with the duty of care individuals, companies and public entities owe to others. In the state of Arizona, when you are injured or harmed as a result of someone else’s negligence, you are entitled to compensation for your injuries from the at-fault person or party. If you plan to pursue compensation through a personal injury claim, you should be prepared to establish the following basic elements of negligence:
- The person or party at fault for your injuries (the defendant) owed you a duty of care,
- The defendant violated that duty by failing to exercise reasonable care to avoid causing you harm,
- You suffered injuries as a result of the defendant’s negligence, and
- Your injuries caused you to suffer compensable damages.
The Law of Pure Comparative Negligence
When it comes to assigning fault in a Scottsdale accident, it is not always the case that one person is 100% at fault for the other person’s injuries, and when more than one person or party is to blame for an accident, the state of Arizona follows the doctrine of pure comparative negligence. The law of pure comparative negligence assigns legal responsibility and damages in a personal injury case based on the percentage of fault of each party involved in the accident. Even the injured victim can be found partly at fault for his or her own injuries under Arizona’s comparative negligence law, and if this is the case, the plaintiff’s total damages award would be reduced by his or her percentage of fault. Say you were injured in a slip and fall accident at a grocery store in Scottsdale, and you are found to be 20% at fault for your injuries because you weren’t paying attention to where you were going. If the total amount of damages awarded by the court is $50,000, you would be entitled to 80% of the award, or $40,000. In Arizona, you can recover damages through a personal injury lawsuit even if you are 99% at fault for the accident that caused your injuries.
How Our Personal Injury Attorneys Can Help
Regardless of the specific facts of your personal injury case, it is important to take prompt action to protect your rights and pursue the maximum recovery you are entitled to, which is where the expertise of a Scottsdale personal injury attorney comes in handy. Our attorneys at Personal Injury Attorneys, PLLC have a reputation for aggressive and compassionate legal representation throughout Scottsdale and Arizona, and we can help you determine the value of your personal injury claim, so you don’t end up settling for less than you deserve. Far too often, victims of serious accidents are manipulated into accepting low-ball settlements by insurance adjusters whose main goal is to save the insurance company money. Our attorneys are familiar with the strategies insurance adjusters use to deny or delay legitimate personal injury claims and we will handle negotiations with the insurance company, so you don’t have to. Helping you get the best possible settlement or judgment is our top priority, and if we can’t reach a reasonable settlement agreement, we are prepared to take your case to a jury trial to get you the compensation you deserve. Time is of the essence for any personal injury claim in Scottsdale, so don’t wait to contact us after your accident.
Contact Our Scottsdale Law Firm Today
Serious personal injuries can result from any type of accident in Scottsdale, but motor vehicle accidents are one of the leading causes of personal injury and wrongful death in Arizona. According to the Arizona Department of Transportation, there were 127,064 motor vehicle accidents in 2017, resulting in more than 55,000 injuries and 900 deaths, and more often than not, these types of accidents are caused by someone else’s negligence or carelessness. If you or a loved one has suffered serious injuries in a car accident or any other type of accident in Scottsdale, and you believe someone else is to blame, don’t wait to get legal help. There is a firm time limit for filing personal injury claims in Arizona and you don’t want to miss out on obtaining the compensation you deserve for your injuries and losses. The sooner you contact our attorneys, the sooner we can gather evidence pertaining to your case and file a personal injury claim on your behalf.