Our Phoenix Injury Lawyers Want to Answer Your Accident Questions
Personal Injury FAQ
There are numerous statutes and laws that can apply to any personal injury. Filling an injury claim in Phoenix can be extremely complex, and to ensure you receive maximum compensation, it is in your best interest to retain a knowledgeable lawyer who focuses solely on personal injury cases. With more than 60 years of combined legal experience handling injury claims the Phoenix injury lawyers at Hirsch & Lyon have handled over 10,000 cases throughout Arizona. We live and breathe personal injury law. This means that we not only know and understand what you and your loved ones are going through, we have the knowledge and skills to get the successful results you both expect and deserve.
PHOENIX PERSONAL ACCIDENT ATTORNEY ANSWERS: “I WAS IN AN ACCIDENT, DO I NEED A LAWYER?”
WHAT IS A PERSONAL INJURY CLAIM?
In general, a personal injury claim is a claim that is made to hold a person, company, or government entity legally responsible for causing an injury. The goal of a personal injury claim is to ensure that injured parties are able to receive full and fair compensation for all of the losses resulting from negligence or a third party’s failure to fulfill a legal obligation that was owed to you.
It is possible to recover personal injury damages after most types of injuries, including automobile accidents, slip-and-falls, negligent security cases, medical malpractice, injuries caused by defective products, and many other situations where someone else did something wrong or was unreasonably careless in a way that caused you harm.
It is up to you to take legal action and pursue a personal injury claim if something has happened to you. This means filing a case in civil court or, in some cases, negotiating a settlement with the person or entity who was responsible for causing you to suffer the injuries that you experienced.
HOW MUCH TIME DO I HAVE TO FILE AN PERSONAL INJURY CLAIM IN ARIZONA?
According to Arizona’s statute of limitations law, victims have two years to file a claim after being involved in a personal injury for either personal injuries or property damage. There are a number of exceptions to this law that significantly shorten this time limit. We strongly recommend that you contact an attorney before it is too late. The sooner the claim is filed, the greater the chances of obtaining maximum recovery. Waiting too long to file an case can mean losing out on thousands of dollars in compensation that would otherwise be rightfully yours. That being said, there are times when an victim isn’t fully aware of the extent of their injuries immediately following the incident. Certain injuries, including the aggravation of preexisting conditions, can take months or even years to develop. If you or someone you love was hurt in a car, truck or motorcycle injury, it is important to speak with our Phoenix injury lawyers as soon as possible to ensure you do not miss out on obtaining your due damages. Your lawyer will assess the situation and ensure you are within the allotted time limits for filing your injury claim.
CAN I FILE AN PERSONAL INJURY CLAIM IN ARIZONA ON BEHALF OF A LOVED ONE?
Yes, you can file an personal injury claim in Arizona on behalf of a loved one – especially if your loved one was incapacitated in the injury. Surviving loved ones of fatal injury victims are also entitled to seek legal help and may be eligible to recover wrongful death damages, including loss of earnings and loss of love and affection. Speak to a member of our law firm to review your options.
AM I ENTITLED TO RECOVER MONEY FOR LOST WAGES?
Yes! If your personal injury caused you to miss work due to injuries, you can file a claim to recover lost wages. Our Phoenix injury lawyers can assist you with claims related to wage compensation.
DO I HAVE TO PAY ANY ATTORNEY FEES?
At Hirsch & Lyon, we are dedicated to helping personal injury victims recover the maximum compensation possible for their injuries and property damage. Our commitment to clients means that we do not charge for fees or costs if we do not recover damages. If your case settles without a lawsuit, our attorneys only charge a 25% contingency fee. In addition, if it turns out that your expected recovery is lower than our expected fee, we will lower our fee below 25%. In other words, our attorney fee will be adjusted so it will never be greater than the amount received by our clients!
PHOENIX ACCIDENT ATTORNEY EXPLAINS HOW TO DETERMINE WHEN ATTORNEY FEES ARE UNREASONABLE
WHO CAN I SUE FOR MY INJURIES IN ARIZONA?
When you file a personal injury lawsuit, you can sue any third party who was responsible for causing you to be harmed. This could include a careless driver, a doctor who caused you to experience injuries, a property owner who didn’t maintain his space properly or was negligent about security, or any others who behaved in an unreasonably careless or negligent way.
A Phoenix personal injury attorney can provide you with assistance in determining if a person, company, or government entity was in breach of their legal obligations and is thus liable to you for losses. While it is true that you can pursue a claim against companies and government entities, as well as individuals, you should be aware that special rules apply in cases where you pursue legal actions against the government.
Sovereign immunity doctrines provide limited protections for government agencies and government workers who behave negligently while performing their official duties. This rule can limit the circumstances where you can pursue your claim. You need to make certain that you work with an experienced attorney who understands how to pursue these types of complicated cases and can help you maximize the chances of getting compensated.
WHAT IF MORE THAN ONE PERSON WAS RESPONSIBLE FOR CAUSING MY INJURY IN A MOTOR VEHICLE ACCIDENT?
When more than one person is responsible for causing injuries, you could pursue a claim against multiple parties to obtain the compensation that you deserve. For example, if you were hurt by a careless driver and your injuries were made worse by the fact that your vehicle had defective airbags, then it may be possible for you to pursue a claim against both the driver and the car manufacturer.
One common situation where you might have multiple parties occurs in circumstances where someone causes an accident while driving for an employer. This could include a commercial truck driver or a bus driver. Under these circumstances, you could make a case against the trucker and the trucking company employing him. You could hold the company liable for its own negligence – particularly if it failed to do a background check on the driver’s past accidents – or based on the negligence of its employees.
Pursuing a claim against multiple parties could maximize the likelihood of being fully compensated for all losses since there will be different defendants (and insurers) who could be held accountable and made to pay you for your losses.
WHO ACTUALLY PAYS DAMAGES IN A PERSONAL INJURY CLAIM?
In a personal injury case, it is very common for the person who caused your accident to be insured. For example, if you are injured because of negligent security while on the premises of a business, the business likely has commercial general liability insurance that would pay for your damages. If you were injured in someone’s home, their homeowner’s insurance would likely pick up the tab. If you got hurt by a driver who caused an automobile accident, their insurer would generally have to pay those bills.
Because it is the insurer who is paying for your losses – not the person who hurt you directly – you shouldn’t be afraid to pursue a personal injury claim even if the person who hurt you was a friend. For example, if you were injured at your neighbor’s house because of a dangerous step, you could sue to recover compensation for your losses and their homeowner’s insurance would pay for your damages. You’d be fully compensated without your neighbor being out any money, and the insurer – who was paid premiums for years in most cases – will be the one to foot the bill.
WHAT DO I NEED TO PROVE TO SUCCESSFULLY MAKE A PERSONAL INJURY CLAIM?
To successfully make a personal injury claim against any person, company, or government entity, you will need to show that the individual or entity owed you some type of legal obligation or legal duty. For example, companies have a duty not to make defective products and store owners have a duty to ensure that their premises is a reasonably safe one before inviting guests to come to their space.
You have to show that the person or entity failed to fulfill the obligations that existed. You can do this by proving that the person or entity was unreasonably negligent or by showing that they violated a safety rule, such as in the case of a driver who was speeding and violating speed limit laws.
You will also have to show that the violation was the direct or proximate cause of the injuries you sustained. In other words, there can’t have been some intervening third-party cause for your injuries that the other person couldn’t possibly have accounted for.
And, finally, to recover the compensation you deserve, you will have to demonstrate the full extent of your damages. You’ll need to prove the entirety of your case by a preponderance of the evidence, which means that you will need to show that it is more likely than not that your version of events is true and that you actually were hurt by the person whom you are claiming harmed you.
WHAT TYPES OF PERSONAL INJURY COMPENSATION WILL MY PHOENIX INJURY LAWYER FIGHT FOR?
Compensation for a personal injury should include payment for both economic and non-economic damages. This means compensation for actual financial loss that you experience, including medical bills that you must pay to treat your injuries, as well as payment for lost wages.
When you obtain compensation for medical bills and lost wages, you should be paid not only for the losses endured at the time of your settlement or court case but also for any future financial losses that will occur because of your accident injuries. If your earning power is permanently reduced, you should be compensated for those lost earnings as well. And, if you are forced to take sick days from work or vacation time to be treated for injuries, you should be paid compensation for those losses too.
Non-economic damages, on the other hand, should include pain and suffering and emotional distress damages. While it can be a challenge to determine the amount of compensation that you are to be paid for the pain and emotional distress you endured, an attorney can help you prove the extent of these losses so you can get the money you deserve.
CAN I OBTAIN COMPENSATION FOR A DECEASED LOVED ONE’S PERSONAL INJURIES?
If your loved one has been killed because of an accident and he or she would have had a personal injury claim had the injuries not been fatal, you may be able to pursue a wrongful death claim. Wrongful death cases require you to provide similar proof about the cause of the accident – you would need to show that the person or entity you are making a claim against caused the death as a direct result of negligence or a breach of duty.
You would also need to provide proof as to the extent of loss. Wrongful death damages can include the loss of the deceased individual’s wages, pain and suffering the deceased endured prior to death, medical bills incurred because of the accident, and loss of companionship of the person who has passed away. It’s important to make sure that you have an attorney who is experienced in wrongful death cases if your loved one has died due to an accident because the losses can be far greater than in situations where an injury isn’t a fatal one. Although we know no amount of money will ever replace the love and companionship of a loved one, appropriate compensation is necessary to fully provide for the surviving family members left behind.
WHY SHOULD I HIRE PHOENIX INJURY LAWYERS?
It is important to have an attorney on your side to help negotiate an out-of-court settlement on your behalf and it is crucial for you to have representation if your case is going to be resolved in court. You have the burden of proving your case and there are specific rules of evidence to follow that your lawyer will help you understand.
Your lawyer can also assist you with finding experts to prove the cause of your accident and the extent of your damages, as well as help to present evidence in the most appropriate way possible to convince the jury to find in your favor. You should contact a Phoenix personal injury lawyer as soon as possible when making an injury claim so you can have a committed advocate working on your case.
Our personal injury law firm limits our practice to injury law, and we know how to get maximum financial recoveries for our clients. We have represented thousands of injury victims in Arizona and are dedicated to doing everything we can to make the legal process simple and easy for you. Not a dime for our time, unless we collect for you! For a free consultation with the skilled Phoenix injury lawyers at our firm, call 602-535-1900 or contact us online today. We serve areas throughout Arizona, and offer 24 hour claim review.