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Phoenix Personal Injury Lawyer
If you have been injured in an accident in Phoenix due to someone else’s reckless or careless actions, then you’re entitled to pursue compensation through a personal injury lawsuit. A personal injury lawyer can help you seek compensation for the damages related to your accident.
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What is a Personal Injury Lawyer?
A personal injury lawyer is a civil litigator who represents clients who allege physical or psychological injury as the result of careless or negligent acts by another entity, company, person, organization, or government agency. A personal injury lawyer practices in an area called tort law. This area of the law specializes in private or civic injuries or wrongs, non-monetary, and monetary damages. This can include actions of bad faith, defamation, or breach of contract to a person’s property, rights, or reputation.
While a personal injury attorney is armed with a license to practice in all areas of the law, they often handle cases falling within tort law, including road accidents, slip and fall accidents, defective products, and work injuries. A personal injury attorney will help their client secure compensation for losses including the loss of capacity to earn, pain and suffering, and the inability to perform normal duties. Losses can also include any expenses that may arise, attorney fees, emotional distress, and the loss of companionship.
A lawyer will ensure their clients are safe from being victimized by the legal system and a company that offers insurance. A personal injury lawyer is also referred to as a trial lawyer, although the majority of their cases are settled in negotiations and do not go to trial.
The Duties of a Personal Injury lawyer
A personal injury lawyer has many duties. Their sole responsibility is talking to and interviewing clients to assess their cases. They can help to further identify the pertinent issues within their client’s case, so they can conduct research thereafter to build a solid case. The personal injury lawyer will help their client obtain the justice and compensation they deserve for their injuries, pain and suffering, lost wages, and other losses. This is done through oral arguments, legal advice, advocacy, and client counseling. When negotiations fall through with insurance companies or the other parties liable in a personal injury case, the lawyer will be prepared to take their client’s case to trial.
How to Prove Liability in a Personal Injury Case
A personal injury lawsuit will focus on holding an entity or person liable for injuries and damages they caused to others.
When a claim is filed for damages, the evidence must prove that the other party is liable. A lawyer must also prove that the other party’s negligence caused your injuries.
With this type of lawsuit, a liability is proved by establishing the following elements:
The types of damages an accident victim can seek to recover in a personal injury case includes:
Why You Need a Phoenix Personal Injury Attorney
Almost every type of accident that a person can suffer in Arizona is covered by personal injury law, if someone else is at fault.
Some of the most common types of personal injury accidents that lead to lawsuits include:
- Auto accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Dog bites
- Premises liability
- Drunk driving accidents
- Product liability issues including defective appliances, defective car parts, and dangerous drugs
- Nursing home neglect and abuse
How a Phoenix Personal Injury Lawyer Can Help
Some victims may choose to attempt to handle a claim on their own, without an attorney. This is usually a mistake. A lawyer possesses the specific skills and knowledge that can significantly improve a victim’s potential for recovering fair compensation through a settlement or award.
Some of the services that a Phoenix personal injury attorney can perform on the behalf of their clients include:
- Negotiating with the liable party’s insurance provider to obtain a fair settlement on their client’s behalf
- Gathering evidence in addition to witness testimony and speaking with experts that can help their client’s case. A personal injury lawyer will often rely on experts such as accident reconstruction specialists or medical professionals who have specific expertise in the type of accident the client experienced or the type of injuries their client has suffered in an accident.
- They will also help guide their clients through the complicated legal processes, ensuring their client understands the legal options that are available to them through the claims process.
- A personal injury attorney can also determine the value of a case based on the impact that the injuries have had on the client’s life and the client’s out of pocket expenses.
- An attorney will file all legal paperwork needed within the legally mandated time frame.
- Personal injury lawyers will carefully examine the facts of a case to identify all of the parties that can be held liable and all of the insurance resources that the client can access to provide compensation.
- An attorney will also litigate the case if they are not able to negotiate a fair settlement with the insurance company or the liable party.
Valuing a Claim
Since every case is unique, there’s no average amount that a case is worth. The value of a case is determined by the following:
How Long Does a Personal Injury Case Take?
There’s no average length of time you can anticipate settling your case. Most personal injury cases are handled out of court; however, it can take a long time to reach a settlement. Insurance companies will normally offer a very low settlement as a way to appease the victim and avoid a lengthy case in court. While some accident victims will find these early settlement offers attractive, especially if they are out of work and in need of money, the plaintiff who is patient is often the one who receives the largest settlement. In some cases, a fair settlement is not offered until right before a trial is scheduled to begin.
Common Personal Injury Claims
A personal injury is any type of physical harm a person can sustain due to the actions of another. They can occur under a variety of circumstances and usually involve negligent actions. Some of the common scenarios include:
Do I Have a Claim?
A personal injury lawyer can help you determine whether or not you have a valid claim. If you choose to hire an attorney, they can work on your behalf to determine if an organization, company, or person is legally responsible for your injuries. If there’s evidence that shows a negligent party caused you harm, a personal injury lawyer can help you pursue a claim to recover compensation for your injuries.
When the party that’s responsible has liability insurance, they will usually file a claim with their insurance carrier. The insurance company will conduct an investigation; however, their decision is often biased. If the insurance company denies liability for damages, you will still have other options:
An insurance policy will include information that explains what your duties are after an accident.
Do I Need to Hire a Personal Injury Attorney in Phoenix?
When you have been seriously injured in an accident, a lawyer can help you navigate the legal process and will provide valuable services. They have experience dealing with insurance companies, uninsured motorists, negligent property owners, and complex cases that hold more than one party liable. An attorney will recognize the significant factors that can contribute to the value of your claim. They will aggressively negotiate with liability insurers to obtain a higher settlement for their client. If settlement negotiations fall flat, they will file a lawsuit on your behalf.
Contact the Ferguson Law Group Today
When you’ve been seriously injured in an accident that was due to the carelessness or recklessness of another, you will face strict time limits for filing a lawsuit in court. A Phoenix personal injury lawyer at the Ferguson Law Group can help you win the compensation you deserve. We are committed to achieving the best results for our clients and will work diligently on your behalf. Contact our office today to schedule a consultation and find out how we can help.