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Does My Accident Qualify as a Personal Injury Case?

by / Monday, 04 December 2017 / Published in Car Accident, Dog Bite, Personal Injury, Uncategorized

Car accident? Slip and fall? Dog bite? What types of accidents qualify as personal injury cases and does your recent accident qualify? Below we outline what a personal injury case is and what to do if you have been involved in a personal injury accident.

Does My Accident Qualify as a Personal Injury Case?

Personal injury law (also known as tort law) allows a victim of an accident the option of being compensated for someone else’s negligent or intentional action.  Different situations can be called personal injury cases, although not every situation can be called a personal injury case. If you have been involved in an accident that could be classified as a personal injury case, you’ll want to speak with a personal injury attorney. He or she will be able to advise you on if you have a case or not as well as what next steps are.

Here are some common types of personal injury accidents:

Car Accidents

Car accidents are the most common personal injury cases filed in the United States. When an accident happens, usually it’s because someone has violated the rules of the road. Often this is due to carelessness. A careless driver can be held financially responsible for injuries stemming from a car accident.

Medical Malpractice

Medical malpractice claims can be brought when a patient is injured as the result of a doctor’s or other healthcare professional’s failure to provide competent and reasonably skilled care. Medical malpractice cases are some of the most complex types of personal injury cases to be brought.

Slip and Fall Cases

Slip and fall cases are also a very common type of personal injury case. Property owners have a legal duty to keep their premises reasonably safe and free of hazards. If a visitor to the property is injured a property owner can face personal injury charges. A landowner’s legal duty varies depending on the situation and according to the state law where the injury occurred.

Dog Bites

While laws vary from state to state typically the owners of a dog are financially responsible for bites and other injuries caused by the dog. Arizona follows a “one bite rule” and the dog owner is liable for dog bite damages even if the dog has never shown any aggression or propensity to bite in the past.

If You’ve Been Involved in a Personal Injury Accident

After being injured in an accident there are a number of steps that you can take that will help preserve your right to file a claim for your personal injuries. These steps are valid in most situations:

  • Collect any evidence (including photos, witness information, etc…) that can be used to establish who caused the accident, as well as any and all damage caused by the accident. Take notes on any conversations that you have with witnesses.
  • Write down everything that has happened to you after the accident, including things like medical bills, hospital visits, any lost work or wages, etc.
  • If you speak to other people that were involved in the accident, be sure to take notes about your conversation.
  • Call a personal injury attorney.

Working with a Personal Injury Attorney

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If you have been involved in a personal injury accident, you should immediately call a personal injury attorney that can help you build your case. They have the experience necessary to ensure you are able to prove your injuries so that you can collect the compensation you are owed.

Here are some more reasons to hire an experienced personal injury attorney:

Experience with assessing claims: Personal injury attorneys are experts when it comes to these types of cases and can advise you from the beginning on if you have enough of a case to pursue legal action. There’s no point in preparing for litigation if you do not have a solid case from the beginning. A personal injury attorney can assess your claim and save you time and money.

Cut through the red tape: Personal injury cases come with a lot of complicated legal procedures, confusing medical terms, and paperwork. An experienced attorney is familiar with all the paperwork and can help you cut through the red tape so you can move on with your life.

Access to an investigative team: Typically, attorneys work with a team of experienced investigators that will skillfully examine all the technical aspects of your case. You will want to provide your attorney with all of the information you have available to you so they can pass it on to the team.

Offer objectivity: Without a doubt, you will experience anger, pain, frustration, and fear if you or a loved one have been involved in a personal injury accident. These emotions may impact your ability to see the facts clearly. An attorney will be objective about your case and the facts and will help you to understand all aspects of the case before you make a rash decision. For example, you may want to agree to a quick payout, but an objective attorney might advise you that it is in your best interests to wait for a more appropriate offer.

Alternative dispute resolution: You might not need to go to trial. Many personal injury lawsuits reach a negotiation before going to court. A lawyer will be able to assess the case and determine if there are alternative dispute resolution methods (ADR), such as mediation or arbitration, that could resolve the case.

Experience resolving cases with other lawyers: An experienced personal injury lawyer will be able to deal effectively and quickly with the other side’s attorney, especially during the fact-finding part of litigation where parties are legally required to exchange facts and documents.

Experience working with insurance companies: Insurance companies often move to settle quickly so they can receive their money and move on. An experienced personal injury lawyer will be accustomed to working with all the insurance companies involved and will not feel pressured by tactics or the pressure to settle.

Settlements: Many personal injury cases are resolved before they go to trial. This means an attorney negotiates a settlement on behalf of the client. Typically a plaintiff gives up the right to sue in exchange for a payment from the defendant or an insurance company. This often resolves the case sooner than if the case went to trial.

Legal Strategy: Should a case go to trial, a personal injury lawyer can represent you in court and work toward achieving the best possible jury verdict for you. He or she will be able to develop a legal strategy that will help you receive any and all compensation that is available for your injuries.

Working with a Personal Injury Attorney After an Accident

If you or a loved one have been an victim of a personal injury accident, you should immediately contact a personal injury attorney that understands the specific laws around these types of accidents. They will be able to perform a full investigation and build your case. It’s crucial that you work with someone that knows the intricacies of the laws surrounding these types of cases as well as your specific state’s laws. The attorneys at Personal Injury Attorneys PLLC have experience handling personal injury cases such as elevator accidents, automobile accidents, and slip and fall accidents. They will help build a case to ensure you receive everything you need to recover from your specific accident.

Personal Injury Attorneys PLLC

668 N 44th St.

Suite 300

Phoenix, AZ 85008

Phone: (623) 552-4959

 

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