Phoenix Personal Injury Lawyer

The defendant owed the victim a duty of care. Duty of care in a personal injury lawsuit can depend on the unique facts of a case. For example, if the case involves an auto accident, the duty of care that a driver owes another driver is to operate their vehicle in a legal and safe manner.

The breach of duty involves the defendant’s actions that led to the accident. If a driver is driving while intoxicated, they have chosen to engage in the unsafe act of driving under the influence of alcohol. This means the driver breached their duty of care to the other drivers on the road. This breach then led to an accident that resulted in the plaintiff’s injuries.

In addition to proving liability, the lawyer must also prove damages. In this type of case, damages refer to non-economic and out of pocket expenses that the plaintiff incurred as the result of the accident.

Current and future medical costs that related to the injury, such as emergency medical care, transport to the emergency room by ambulance, x-rays, assistive devices including crutches or wheelchairs, rehabilitation, physical therapy, hospitalization, doctor’s appointments, prescription medications, and other expenses related to the victim’s injuries.

The plaintiff can also sue for lost wages due to time missed at work because of their injuries. The victim can pursue compensation for lost business opportunities or the loss of future earning capacity if their injuries resulted in their inability to continue working in the same capacity as they were able to before the accident occurred.

The plaintiff can also pursue damages for the cost of replacing or repairing their vehicle and other personal property that was destroyed or damaged in the accident.

In many cases, the accident victim can pursue compensation for physical pain and suffering that’s related to the injuries sustained in the accident, in addition to emotional distress.

Damages can also be sought by the injured person’s spouse for loss of emotional and physical intimacy if the plaintiff sustained severe permanent injuries.

The amount of insurance coverage carried by the at fault party. An insurance company usually pays court awards and settlements. While an accident victim can file a lawsuit against the party responsible, even if they don’t have insurance, it’s usually very difficult to collect the award, since the defendant likely doesn’t have the means to pay out of pocket for damages. The Arizona accident report will help insurance providers and law firms proceed with the claim process.

Client credibility can also play a role in valuing a claim. The injured party’s credibility can become damaged if they make vastly differing statements regarding how the accident occurred. In this type of situation, the insurance company often hesitates to settle the case, or it can be very difficult to convince a judge that the defendant should be held responsible.

The more severe the injuries, the higher the medical expenses and the more work that’s missed. Severe injuries and several weeks of missed work could have a greater impact on the plaintiff’s life, especially if they sustained injuries that led to a permanent disability. This can often equal a higher settlement.

If there’s not much evidence and the situation is unclear, it can be difficult for the accident victim to recover damages.

Complicated injuries or permanent disabilities often result in a higher settlement because future medical treatment directly related to the injuries sustained in the accident will be needed.

Collisions usually occur when a negligent driver engages in risky driving. This can include driving while intoxicated or under the influence of drugs, speeding, and distracted driving.

When a commercial vehicle crashes into a passenger vehicle, the odds of serious injuries are much higher since a commercial vehicle weighs thousands of pounds more than a passenger vehicle. Commercial vehicles can include buses, cement trucks, dump trucks, garbage trucks, delivery trucks, tractor-trailers, and any vehicle used for business purposes. The most common of all are truck accidents in Phoenix and the unstoppable count is still on.

A negligent property owner can contribute to injuries when they fail to warn of hazards or maintain their property. A person can fall due to broken handrails, large debris, wet floors, broken stairs, or uneven walkways.

In drowning accidents, negligence is often a factor. A drowning can occur due to inadequate safeguards, including a lack of security and fencing. Children can also drown in ponds, or tubs of water. A near-drowning accident can occur when a victim ingests water and stops breathing but does not die. The lack of oxygen can cause the victim cognitive and functional issues.

These types of accidents can involve violence by people or animals, falls, defective equipment, exposure to harmful substances, and transportation accidents.

When a dog attacks, they often cause serious injuries. Their sharp teeth can easily penetrate flesh. The owner of the animal can be held responsible for damages, even if their pet has no prior history of biting.

When a physician, nurse, medical assistant, or another type of healthcare worker commits a negligent act, they can be held liable.

Products can cause injuries due to inadequate warnings, packaging flaws, and manufacturing or design defects. Defective products such as chemicals, medical devices, prescription drugs, and airbags can result in catastrophic injuries or death.

Immediately after an accident, it’s best to discuss your injuries with a lawyer. Even if an insurance company denies liability, a lawyer can still fight to recover damages for their client. You have a right to negotiate for damages and settle your claim. If your lawyer has tried to negotiate with the insurance company, with no success, there are other ways they can resolve your claim.

If the settlement discussions are not productive, an attorney can set up mediation. In many cases, mediation is a required step in the litigation process. During mediation, both parties will sit down to discuss the details of the case. A mediator is impartial and will work with both sides to help with settlement negotiations.

If the insurance company is still refusing to offer a fair settlement, then filing a lawsuit is the next step. A lawsuit will allow your lawyer to present the evidence of your case in court. The court will determine if the other party was negligent and how much compensation you will receive for damages.

A dog can have some of the same instincts as an undomesticated, wild animal. When a person owns a dog, they must accept that responsibility. A dog instinctively responds to everyday situations. They can bite or attack a child who is too young to understand the danger. They can also bite delivery people and mail carriers. Under Arizona law, a dog owner can be held liable for dog bites and attacks, even if their dog has never bitten someone before.

If a product that’s defective injures you, those in the chain of manufacturing, distribution, and sales can all be held accountable for your injuries. Your lawyer must prove that the product has a defective design or manufacturing defects, or that the entities involved failed to adequately warn consumers of danger. An attorney must also show evidence that the product caused your injuries.

Evidence is crucial for proving liability. A Phoenix lawyer can help document evidence and prepare it for presentation. You must do your part as well until an attorney becomes involved.

Evidence will begin to fade within moments after an accident has occurred. A driver can move their car, a property owner can repair damage or clean up maintenance issues. If you’re the only one at the scene of the accident, then you must try to document whatever you can. Using the camera on your phone is a great way to document the accident. You can use the camera to capture and preserve evidence that can be crucial to your case, before it disappears or changes. If you’re not able to move, due to the severity of your injuries, seek assistance from a bystander.

If you are able to do so, you should:

1. Take photos of the scene of the accident and the immediate area
2. Look for eyewitnesses and take down their contact information
3. If you fell, try to identify and take photos of what caused you to fall
4. If you were involved in a car accident, take photos of the points of impact and the stopping location. Try to document the street layout, traffic signals and signs, damage, and injuries. Take photos of the other car’s license plates and get the other driver’s information.
5. If you have been injured by a defective product, the product itself will be used as evidence. Do not turnover the defective product to anyone except your attorney.
6. When you have been injured, speak with a lawyer immediately. Lawyers understand the legal issues and know exactly what evidence you need to prove liability. An early investigation will be crucial in proving your case.

If you have been injured in a car accident, your insurance carrier requires you to report the accident. It’s important to contact your insurance even if you believe that the other driver is responsible for the accident.

The insurance company must determine if it owes damages under your liability coverage. Even if you believe you did not contribute to the accident, the insurance company still has a right to determine that for themselves.

Even if you believe the other driver was at fault for the accident, the other driver’s insurance carrier may take a different position.

Some drivers may want to submit their medical bills for payment under their auto medical payments coverage.

If the at fault driver does not have insurance, you may need to make an uninsured motorist claim.

If you’ve been injured at work, your employer’s insurance will cover the cost of lost income and medical treatment. You will also need to report any type of injury you have sustained on the job to your employer, immediately. Your employer must then submit a claim to their insurance carrier.

Doctors and hospitals want to know who is going to be responsible for your medical bills. Your workers’ compensation insurer and your healthcare insurer confirm their duty to pay so you can continue to have access to medical treatment.

If your insurer has subrogation rights, they will cover the cost of your medical bills, other benefits, and will advise you concerning your right to recover the money they have paid. Your policy will explain your duty to protect the insurance company’s subrogation rights.

An Arizona motorist must have uninsured or underinsured motorist coverage of a minimum of $15,000 per person/$30,000 per accident.