Defendants are Liable for Damages, Even if the Plaintiff is Fragile

Quite often, injury victims are not in perfect health.  One injury victim may be suffering from a serious heart condition that predisposes them to blood clots, heart attacks, and other heart-related injuries during times of great stress.  Another injury victim may be suffering from a weak back that is prone to fracture injuries. Injury victims who are in particularly poor health, or who are uniquely fragile — for example, who suffer from muscle weakness or a lack of bone density — may feel that they are not in a strong position to sue the defendant who caused their injuries.  These victims mistakenly believe that their condition precludes a lawsuit.  After all, should the defendant be held liable for injuries that are unexpected? Simply put: yes.  In Arizona, and in other jurisdictions throughout the country, defendants may be held liable for any and all injuries that were caused by their negligent, reckless, or intentional actions.  It does not matter that the defendant was “unlucky” that their actions affected a fragile victim — the defendant must bear the burden. All of this is great news for injury victims, of course, and we encourage you to speak with a qualified attorney for further guidance.  For now, let’s unpack some of this terminology so that we can clarify any remaining confusion. Defendants Must Accept the Cost Burden of Their Actions No matter what jurisdiction you’re in — Arizona or California or New Mexico or Texas — the “thin skull” rule, otherwise known as the […]

Plaintiffs May Protect Irrelevant Health Records From Intrusion

If you are suing the defendant for having caused your injuries — perhaps in a car accident, for example — then you may be concerned about having all your medical records exposed to the defendant and their attorneys. You may be uncomfortable with the prospect of having private information revealed to the public at-large (if the medical records are introduced into evidence, then the details will be made available to the public).  Further, the greater access that the defendant has to your lifetime medical records, the more likely it is that they will be able to weave together a damning narrative that undermines your arguments. Suppose that you are injured in a car accident that was caused by the defendant, who was operating their vehicle in a distracted manner.  You injure your leg as a result of the accident.  During the discovery process, the defendant requests your lifetime medical records.  That request is likely overbroad, however, and you need not honor it. If the defendant were to have access to your lifetime medical records, they might notice that you have been in-and-out of hospitals many times throughout your life, and they might argue that your leg injury is exaggerated, given your “demonstrated tendency” to malinger. By preventing the disclosure of irrelevant medical records, you therefore shield your lawsuit from damaging narratives. Fortunately, the basic rules of evidence in Arizona protect injured plaintiffs against unnecessary and over-broad investigations into their lifetime medical records.  It’s important that you secure the assistance of […]

Can the Defendant Be Excused from Negligence Liability for Mental Illness?

If you’ve suffered an injury in an accident that was caused by someone who has a cognitive disability, or who is otherwise mentally incompetent, then you’re likely wondering about the likelihood of recovery should you choose to pursue litigation against the defendant.  In the state of Arizona, much like the rest of the country, personal injury lawsuits brought on the basis of negligence (i.e., that the defendant acted in such a way that they violated the standard of care for the situation) are rather complicated when it comes to those who have cognitive impairments. Negligence Liability is Based on the Objective, Reasonable Person Standard Negligence claims — in the injury context — are fundamentally based on the concept of a standard of care.  Simply put, the difference between a mistake and negligence (for which the defendant will be held liable) turns on the standard of care.  If the defendant acts in such a way that it violates the standard of care, they will be found negligent, and may therefore be sued by the injury victim for damages.  If the defendant makes a mistake, but their actions do not violate the standard of care, then you cannot hold them liable for your injuries. The standard of care in any given situation is meant to be based on an objective, “reasonable person” standard.  Essentially, the court will determine how a reasonably prudent person would have acted in the same situation as the defendant.  If the defendant’s actions fall out-of-step with this expectation, […]

Personal Injury Lawsuits Are Public Matters — What Does That Mean?

If you’ve been injured due to another person’s negligent, reckless, or intentional actions — for example, in a car accident with a defendant-driver who was speeding and driving in a distracted manner at the time of the accident — then Arizona law may entitle you to sue and potentially recover damages as compensation.  Though lawsuits are an excellent way to ensure that defendants are held accountable for their damaging actions, there are many limitations that people are unaware of (chiefly, the issue of privacy). Simply put, litigating a claim opens up the details to members of the public.  Upon first impression, this may not seem like a “big deal.”  After all, you might find it strange that someone in your community is scouring public databases for court records and will thereafter reveal your personal issues to the world at-large.  In reality, however, many disclosures in litigation are made known to the public through various media outlets. For example, if you are suing a local transportation company for an accident that occurred on the highway, then the local news outlets may report on litigation as it proceeds. Fortunately, there are ways to circumvent the privacy concerns associated with litigation, so if your privacy is particularly important to you, then you may still make an attempt to negotiate and resolve your dispute with the defendant without disclosing certain information to the public. Trial Details Are Matters of Public Record Again, it’s important to reiterate that the details of litigation are matters of […]