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Phoenix Personal Injury Lawyers

According to the National Safety Council, there were over 55 million injuries in America in 2020. In Phoenix, the most common type of injury is a slip-and-fall, which can occur on a variety of surfaces, including wet or icy sidewalks, stairs, and floors. Other common injuries include being hit by a car while walking or biking, or suffering a dog bite.

If you have been injured in an accident, you may be wondering if you need to consult an attorney. The answer to this question depends on the severity of your injuries and the circumstances surrounding your accident. Whether you feel your injuries are serious or not, it’s important to consult with an attorney right away to protect your rights. A Phoenix personal injury lawyer can help you navigate the legal process and ensure that you receive the compensation you deserve.

Even if your injuries are not serious, you may still benefit from consulting an attorney. If the accident was caused by another person’s negligence, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.

If you are not sure whether you need to consult an attorney, you can always schedule a free consultation. During this consultation, you can discuss your accident and injuries with an experienced Phoenix personal injury lawyer. The lawyer will then be able to advise you on whether you have a case and what your next steps should be.

What Is a Personal Injury Claim?

A personal injury claim is a legal process that allows individuals to seek compensation for harm they have suffered as a result of another person’s actions. This type of civil lawsuit can address a variety of damages, including physical injuries, emotional distress, and financial losses. The goal of a personal injury claim is to hold the responsible party accountable for their negligent or reckless conduct and to provide a means for the injured party to recover their losses.

Personal injury claims can arise in numerous situations. Common scenarios include:

  • Car accidents where the negligence of another driver leads to injuries
  • Slip and fall accidents where property owners fail to maintain safe premises
  • Medical malpractice which occurs when healthcare providers breach the standard of care, leading to patient harm
  • Product liability cases where defective or dangerous products cause injury to consumers

To file a personal injury claim successfully, the injured party must show that the defendant was negligent or reckless. This means proving that the defendant had a duty to act in a certain way, failed to meet that duty, and directly caused harm to the injured party. Establishing this link is essential for getting compensation and seeking justice for the victim.

The Personal Injury Claim Process

The personal injury claim process helps individuals seek compensation for injuries caused by someone else’s negligence or intentional actions. It typically starts with a consultation with a personal injury attorney and includes several important steps to guide victims to get the justice they deserve.

Initial Consultation

The personal injury claim process typically begins with a consultation with a personal injury attorney. During this initial meeting, the attorney will:

  • Assess the details of the case, including how the injury occurred. The attorney will gather comprehensive information about the accident, including witness accounts and police reports, to understand the circumstances surrounding the injury. This thorough assessment will help establish the facts needed to determine liability and identify all potentially responsible parties.
  • Discuss the potential merits of the claim and the likelihood of success. The attorney will evaluate the strengths and weaknesses of the case based on the gathered evidence and applicable laws. They will outline key factors that could influence the outcome and provide an informed opinion about the chances of achieving a favorable settlement or verdict.
  • Explain the legal process involved in filing a personal injury claim. The attorney will lay out the steps required to pursue a claim, including filing the necessary paperwork, adhering to deadlines, and adhering to the statute of limitations. They will also explain how damages will be calculated, the role of negotiations with the insurance company, and what to expect if the case goes to trial.

This consultation provides individuals with a clear understanding of their rights and options moving forward.

Gathering Evidence and Building a Strong Case

Once the attorney agrees to take on the case, the next step is gathering evidence. Evidence is a critical component of building a strong personal injury case. It can include:

  • Medical records. Documentation that outlines the extent of the injuries and the treatments received.
  • Witness statements. Accounts from individuals who witnessed the accident or incident, which can provide firsthand insights.
  • Photographs. Visual evidence of the accident scene, injuries, or hazardous conditions that contributed to the incident.
  • Police reports. Official documentation of the incident that can establish facts and liability.

A personal injury attorney plays an essential role in helping individuals gather this evidence. They have the resources and legal expertise to compile the necessary information effectively and ensure that it is presented in a compelling manner. A strong case can significantly increase the likelihood of securing fair compensation and achieving justice.

Proving Negligence and Damages

An essential part of the personal injury claim process is proving negligence. To succeed, individuals must demonstrate that the defendant was reckless or careless and that their actions directly caused harm. This involves establishing several key elements:

  • Duty of care. The defendant had a legal obligation to act (or not act) in a particular way.
  • Breach of duty. The defendant failed to fulfill that obligation through negligent or reckless behavior.
  • Causation. The breach of duty resulted in the injury sustained by the plaintiff.
  • Damages. The plaintiff suffered specific losses as a result of the defendant’s actions.

To prove damages, individuals must show that they experienced physical, emotional, or financial harm due to the defendant’s conduct.

A personal injury attorney can help individuals effectively prove both negligence and damages. Their expertise in preparing and presenting compelling evidence is critical to securing fair compensation and achieving justice.

Negotiating a Settlement or Going to Trial

After gathering evidence and establishing a case, the next phase often involves negotiating a settlement with the insurance company. This is a common step in the personal injury claim process.

During the negotiation phase of a personal injury claim, several key steps come into play. First, your attorney will present the case to the insurance adjuster, clearly outlining the evidence and details that support your claim. This presentation is crucial, as it helps the adjuster understand the full scope of your injuries and the impact they have on your life.

Next, when the insurance company makes an initial offer, your lawyer will carefully evaluate whether that offer is fair and adequately reflects the extent of your damages, including medical expenses and lost wages. They will consider various factors, such as the severity of your injuries and the long-term implications for your well-being.

Finally, effective communication is essential. Your attorney will articulate your needs and expectations regarding compensation, ensuring that the insurance company understands what you require to move forward. By clearly relaying your position, your attorney helps create a framework for negotiation that prioritizes your best interests and aims to achieve a fair settlement.

If negotiations do not lead to a satisfactory settlement, the attorney will prepare to take the case to trial. Going to trial can be a lengthy and complex process, but having a skilled personal injury attorney can provide critical guidance and representation. They will:

  • Prepare legal documents and evidence for trial
  • Develop a trial strategy tailored to the specifics of the case
  • Represent the client in court, presenting the evidence and making legal arguments to support the claim

Throughout this process, the attorney’s role becomes even more crucial when it comes to protecting an individual’s rights and building a strong case that will be presented to the judge and jury.

From initial consultations and gathering evidence to proving negligence and negotiating settlements, the personal injury claim process includes several important steps that need expertise and attention to detail. All of these factors can significantly impact the outcome of the claim. At Torgenson, we prepare a robust case so that individuals are well-represented and that their paths to justice are effectively navigated.

How do Personal Injuries Commonly Happen?

There are many ways that people can sustain personal injuries in Phoenix, Arizona. Some of the most common ways include car accidents, slip-and-falls, and dog bites.

Car accidents are unfortunately very common in Phoenix. With the high amount of traffic on the roads, it is not surprising that there are a lot of accidents. Many times, these accidents are caused by driver error, such as distracted driving or driving under the influence.

Slip-and-falls are another common type of personal injury. This can happen anywhere but is especially common in grocery stores or restaurants where spills on the floor may occur. The liability in these cases can lie with the store owner or property owner. Only experienced personal injury lawyers know the ins and outs of personal injury cases.

Dog bites can also be a serious type of personal injury. In Phoenix and all of Arizona, it is the law that dog owners must keep their pets under control at all times. If a dog does get loose and bites someone, the owner can be held liable.

If you have sustained any type of personal injury, it is important to seek legal help. Torgenson Law can help you get the compensation you deserve and allow you to concentrate on getting better.

What Types of Injuries and Damages Can Result?

A personal injury can result in many types of injuries, including physical, emotional, and psychological. The most common type of physical injury is a broken bone. However, other physical injuries, such as burns, can also occur. Emotional injuries can include anxiety, depression, and post-traumatic stress disorder. Psychological injuries can include nightmares, flashbacks, and difficulty concentrating.

Injuries and damages can result from many different kinds of accidents. Some of the most common personal injuries include:

  • Car accidents. Automobile accidents can cause a variety of injuries, from minor cuts and bruises to more serious injuries like broken bones, spinal cord damage, and traumatic brain injury.
  • Slip and fall accidents. These accidents can also cause a variety of injuries, ranging from minor bruises to more serious injuries like fractures, concussions, and spinal cord damage.
  • Workplace accidents. Depending on your job, workplace accidents can cause a variety of injuries, from minor cuts and bruises to more serious injuries like amputations, burns, and traumatic brain injuries.
  • Defective products. Using a defective product can also cause a variety of injuries. If you were using the product as intended and were hurt by a manufacturer’s defect, you could be entitled to compensation.

Arizona Laws Impacting Personal Injury Claims

Arizona laws play a crucial role in shaping personal injury claims, influencing both how claims are filed and the compensation that victims may receive. Understanding these laws is essential for anyone considering filing a personal injury claim in the state.

Statute of Limitations

One of the most significant aspects of Arizona personal injury law is the statute of limitations. This law establishes a strict deadline for filing a claim, requiring individuals to act promptly after suffering an injury. In Arizona, the statute of limitations is generally two years from the date of the injury.

This timeline is important because if a claim isn’t filed within this period, the injured party will lose their right to seek compensation. It’s crucial to start the claims process as soon as possible, as delays can mean giving up the chance to recover damages. Consulting with a personal injury attorney soon after an accident can help ensure that all necessary paperwork is filed on time.

Damages and Compensation

In addition to understanding the statute of limitations, it is important to recognize how damages and compensation laws in Arizona influence the potential payouts for personal injury claims. Arizona law allows individuals to seek various forms of compensation, including:

  • Medical expenses. Medical expenses cover everything related to the treatment of injuries, from hospital bills to rehabilitation costs.
  • Lost wages. Lost wages compensate for the income lost while recovering from injuries.
  • Pain and suffering. Pain and suffering accounts for the physical and emotional distress experienced as a result of the injury.

Determining Negligence in Arizona

Arizona is a modified comparative negligence state, which means that if the injured party is found partially at fault for the accident, their compensation can be reduced accordingly. For example, if a victim is deemed to be 20% at fault for their injuries, their compensation would be reduced by that percentage.

Understanding these laws can be daunting, and that’s where a personal injury attorney becomes invaluable. Our experienced lawyers can guide you through the intricacies of Arizona’s legal framework so that you understand your rights and options regarding damages and compensation. We will work diligently to build a strong case, advocate for fair compensation, and help you navigate the complex legal landscape.

How Do You Know If You Should Consult With a Phoenix Personal Injury Lawyer?

If you’ve been injured in an accident, you may be wondering if it’s time to consult with an Phoenix personal injury lawyer. Here are four signs that it may be time to seek legal help:

  • Your injuries are serious. If you’ve suffered serious injuries, you may need to hire a lawyer to help you get the compensation you deserve.
  • The accident was caused by someone else’s negligence. If another person or company is at fault for your accident, you may have a case against them.
  • You’re not getting fair compensation from the insurance company. If the insurance company is lowballing you or refusing to pay your claim, a lawyer can help you get the money you deserve.
  • You’re not sure what to do next. If you’re not sure whether you have a case or what steps to take next, a consultation with a personal injury lawyer can help you figure out your next move.

A personal injury settlement is typically based on the economic and non-economic damages suffered by the survivors. Economic damages are those that have a specific dollar amount attached to them, such as medical expenses, funeral expenses, and lost wages. Non-economic damages are more difficult to quantify but can include things like pain and suffering, loss of companionship, and mental anguish. To help you better understand what to expect, here are some personal injury resources to review:

Why Choose Torgensen Law for Your Personal Injury Case?

The injury attorneys at Torgenson Law are experts at navigating Phoenix law regarding personal injury cases and have negotiated exceptional settlements on behalf of our clients.

We put our more than twenty years of Scottsdale wrongful death law experience and knowledge to use for you and your case. We understand that this time can be frustrating and challenging for you and your family. We use all of the wrongful death attorney Scottsdale resources at our disposal to help work on your case because we care about your claim and work tirelessly to get you the best settlement possible. Contact us for a free consultation today.


Related Pages

Why File a Personal Injury Lawsuit?

How Much is My Personal Injury Case Worth?

Understanding Damages in a Personal Injury Lawsuit

Types of Personal Injury Cases

What Your Personal Injury Lawyer Does in a Lawsuit

Your Role in a Personal Injury Lawsuit

Steps in a Personal Injury Lawsuit

What Is a Personal Injury Settlement

How Much Does a Personal Injury Lawyer Cost?

Statutes of Limitations for Different Types of Personal Injury Cases