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Personal Injury Lawyer in Arizona

If you were injured in Arizona by someone else’s careless or intentional act, negligence, or wrongdoing, you might qualify to file a personal injury lawsuit against that party. Injuries from slip and falls, dog bites, motor vehicle accidents, defective products, medical malpractice, and physical assault, among other incidents, could result in potential personal injury cases.

Personal injury law protects people harmed by others. An Arizona personal injury attorney knows how to pursue the compensation Arizonans need to help make them whole after the harm they endured because of someone else. Personal injury laws can be complex, but the Valley Injury Team is dedicated to serving as your trusted resource, providing guidance and representation to help you through the process of obtaining the money you deserve. Contact us to learn more about how we can help you.

Types of Personal Injury Cases in Arizona

Personal injury cases in Arizona come in all varieties. The same laws govern a large percentage of personal injury cases, but some others require a thorough understanding of different groups of state laws. The seasoned lawyers at our firm have a deep knowledge of all personal injury laws, and we are ready to put our skills to work on behalf of our clients. 
 
Some of the most common personal injury cases we see involve:
  • Car Accidents
  • Truck Accidents
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Bicycle Accidents
  • Dog Bites
  • Defective Products Accidents
  • Medical Malpractice
  • Construction Accidents
  • Sexual Assault
  • Slip and Fall Accidents 
  • Premises Liability Cases
  • Plane Crashes
  • Wrongful Death

Holding Someone Accountable Under Personal Injury Law

In most personal injury cases, the person responsible for the accident and subsequent injuries was careless or negligent in some way. In the law that governs personal injury cases based on negligence, the injured party must prove that: 
  • The party that injured them had a duty of care to the injured person
  • The party that injured them breached that duty of care 
  • The breach of duty caused the accident that injured the person
  • The injured person suffered harm or losses as a direct result of the breach
For example, a driver has a duty to drive safely. They might be at fault for an accident if they breach this obligation by sending a text while driving and causing an accident that results in someone else’s injuries.
 
If the texting driver is at fault for the accident, they or their auto insurance company could be liable for the injured person’s accident-related losses.
In some cases, such as dog bite cases or defective product cases, the law does not require a showing of negligence to prove that the injured party is owed compensation.
 
In those cases, strict liability applies. For example, if a person who was lawfully on public or private property was bitten by a dog, under Arizona law, the dog’s owner is responsible for the losses suffered by the person who was bitten, regardless of whether the owner knew the dog had vicious or aggressive tendencies prior to the bite.

Compensation Available in an Arizona Personal Injury Case

When you’re injured in an accident, the financial impact on your life can be overwhelming, particularly if your injury prevents you from returning to work. “Damages” refer to the monetary compensation the plaintiff can seek to make them whole again. 
There are two types of damages available in personal injury lawsuits:
Economic damages are compensation for the specific losses the injured person suffers because of the injury. These losses include:
 
Medical Expenses: These expenses include anything associated with the medical care required because of the accident, including everything from an ambulance ride to extensive physical therapy. Medical expense compensation can include money for future medical expenses in the event that the injured person’s injuries will require ongoing care.
 
Lost Wages: Lost wages include salary, hourly pay, bonuses, and benefits. This category of loss can also include compensation for lost future income.
 
Property Damage: The injured person can receive compensation for repairs or replacement of any personal property damaged in the accident.
 
Non-economic damages are compensation for subjective, intangible losses. Although these losses are more difficult to quantify, they have value. Non-economic damages can include compensation for:
  • Pain and suffering
  • Loss of enjoyment of life
  • Disfigurement or disability
  • Loss of consortium
  • Post-traumatic stress disorder
  • Anxiety and depression
The Arizona Constitution states that there can be no cap on damages in personal injury lawsuits in Arizona.
Punitive damages are another type of damages, but these can only be awarded by the court. These damages are not compensation for the injured party. Rather, they are meant to punish the defendant for acting with an “evil hand or evil mind.”  

Comparative Negligence in Arizona

Arizona uses the comparative negligence standard in personal injury cases. Under Arizona statute 12-2505, an injured party can still recover compensation from the other party to the accident, even if the injured party is partially at fault. However, their compensation is reduced by their percentage of fault. For example, if the injured person is 40% at fault for the accident, the court will reduce the total compensation by 40%.

Statute of Limitations

The statute of limitations sets the time frame in which an injured person is allowed to file a personal injury lawsuit against the at-fault party. According to Arizona Statute § 12-542, Arizona law allows an injured person two years from the date of the injury to file, with limited exceptions. If you file your lawsuit after this statutory period lapses, it will likely be dismissed.

There are exceptions outlined in the Arizona statutes for certain types of cases in which the statutory period is much shorter. An experienced and qualified Arizona personal injury attorney can explain whether any of these exceptions apply in your case.

The Personal Injury Claim Process in Arizona

If you’ve been injured by someone else’s wrongdoing in Arizona, there are steps you can take to protect your rights and position yourself to file an insurance claim or lawsuit against the at-fault party. After you’ve been injured, you should: 
  • Be sure you are out of danger.
  • Seek medical attention. Not only does this protect your health, but it creates documentation showing the extent of your injuries and that they were related to the accident.
  • Hire a seasoned personal injury attorney to take over your case so you can focus on healing.
  • Gather evidence. This could include taking photographs of the scene, taking witness statements, and obtaining copies of all medical documentation related to your treatment.
  • Assess the value of all your losses.
  • File a claim with the at-fault party’s insurance company. Provide a complete explanation of your theory of the accident and the amount of compensation you seek, accompanied by documentation of your injuries and other evidence.
  • Enter settlement negotiations with the at-fault party.
  • File a lawsuit if no settlement can be reached.
Once you’ve hired a lawyer, you can leave all the steps in pursuing compensation for your injuries through a personal injury claim to them.

Seek Help if You Think You May Have a Personal Injury Claim

Valley Injury Team serves the Phoenix, Mesa, Gilbert, Tempe, Chandler, Scottsdale and Queen Creek areas. Our dedicated attorneys provide our clients with compassionate, skilled legal representation in their time of need. Our attorneys have years of experience handling various personal injury cases, and we’re prepared to take your case, too. 

Being injured in an accident can be overwhelming, but having seasoned legal representation can significantly affect your case’s outcome. If you’ve been hurt by someone else, contact our experienced team for a free consultation.

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