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Every day, people suffer injuries for a variety of reasons. Personal injuries that you are entitled to compensation for happen when you are hurt due to the actions of another person. Depending on the circumstances, this can result in a complex legal process. A Glendale, AZ, personal injury lawyer can help you with the next steps to make a claim following a personal injury.
If someone else’s actions caused you or a family member to sustain any kind of personal injury, you have the right to file a claim against them in civil court. The purpose of the claim is to receive compensation for harm caused to you and your loved ones. Having a personal injury lawyer increases your chances of success. Successful personal injury claims must adhere to stringent guidelines and have sufficient evidence to supplement the claim.
The lawyers at Bleaman Law Firm, PC, have decades of experience practicing personal injury law. Our firm has helped many clients recover from wrongdoing and negligence by others. Our seasoned legal team can assist in obtaining damages for any harm caused by holding the liable parties responsible.
Personal injury is when a person suffers harm due to another person’s actions or negligence. When a person files a personal injury claim, they are seeking compensation for damages incurred due to the injury, such as medical bills, lost wages, and pain and suffering. Some examples of incidents that cause personal injuries include:
Some injuries that occur as a result of these include:
A large number of personal injury cases are caused by another person’s negligence. Generally speaking, this means that they failed to operate in their required duty of care to another person. For example, drivers are legally required to follow traffic laws, medical professionals have a responsibility to operate on patients with care, and dog owners have a responsibility to protect the public from their dogs.
While the specifics of the law may vary, people have general overarching responsibilities that are in place in order to protect others. When this duty to the safety of others is breached, a person can be held liable for any injuries that occur.
When this happens, you must identify the defendant who caused your personal injury, demonstrate that they had a specific duty of care in the specific circumstances, and show that they violated that duty in some way. Evidence that the defendant behaved differently from what one would anticipate a reasonable adult to do in the same circumstance is usually needed to establish negligence.
Any personal injury claim must show both the defendant’s negligence and that the negligence resulted in real harm or quantifiable, tangible damages in order to be successful. Non-tangible damages may also be added to a claim, such as any pain and suffering caused.
If another individual’s unlawful actions caused you personal harm, they could be held criminally liable by the state in addition to being liable for your civil damages. For instance, driving under the influence (DUI) of alcohol or drugs is the most prevalent instance of criminal misconduct that frequently leads to civil damages. However, intentional crime, reckless driving, interpersonal assault, and many other illegal acts can also result in a personal injury case.
An attorney can help you in this process if your case overlaps with criminal law. For instance, as a part of the defendant’s criminal punishment, they may be ordered to pay you back restitution. The judge may also grant you punitive damages in your civil claim to make up for the defendant’s unlawful actions.
In Glendale, Arizona, there is a time limit that a person must adhere to if they want to file a personal injury claim. The specific statute of limitations will depend on the specific details of the claim.
For most personal injury cases, the statute of limitations is two years from the day that the injury occurred. This means that the plaintiff has two years to file a claim, beginning on the day they were injured.
There are exceptions to this rule, however. For example, under the strict liability dog bite law, the statute of limitations is one year to file a claim for injury resulting in a dog bite. However, if the owner, or responsible party, was negligent, the two-year rule applies.
A person generally has one year to file a claim against a government entity or employee. They must also submit a written notice within 180 days of the injury.
Additionally, the time limit may be extended in extenuating circumstances. For instance, if the victim was mentally incapacitated when the injury occurred or was a minor, the statute of limitations can be paused until those things no longer apply. For example, the statute of limitations may begin on a minor’s 18th birthday.
There is also a discovery rule in place. This means that the statute of limitations may begin when the injury was discovered versus when it actually happened.
A common example of this occurs in medical malpractice where a medical professional did not perform an operation properly but the error was not discovered until the patient began experiencing pain or some other issue and sought medical assistance. In this case, the statute of limitations would begin on the date of discovery.
Every personal injury claim is different. Personal injury cases come with their own set of obstacles when a person is seeking financial damages. An attorney is essential when trying to seek out these claims. A skilled lawyer can help drastically increase your chances of a favorable outcome and maximize your recovery.
Your legal team can help you precisely determine all of the short-term and long-term financial losses you sustained at the hands of the defendant. They can also help you figure out how much pain and suffering compensation you may be entitled to, which should be in alignment with the severity of your post-injury state and the long-term or permanent consequences you experience.
The majority of personal injury claims result in settlements that are privately negotiated, meaning they do not have to go to court. The parties meet in private during the settlement negotiation process to explore options for settling the claim without incurring the time and costs associated with court fees.
A settlement could, however, fall through for a variety of reasons. The plaintiff may disagree with an uncooperative defendant’s offer, the defendant may refuse to take responsibility for the plaintiff’s damages, or the defendant may contest the plaintiff’s requested level of compensation. The matter must go to trial if the settlement is unsuccessful for any reason or if one party declines to negotiate a solution. An attorney can represent you in court if this happens.
A: Most personal injury lawyers in Arizona work on a contingency fee basis, which means they are only compensated if you win your case. Additional case costs, such as filing fees or professional witnesses, may be deducted from your ultimate settlement. The contingency fee structure enables clients to obtain legal assistance without incurring any upfront expenditures.
A: If you were hurt as a result of another person’s negligence or willful misbehavior, you may have a personal injury claim. To have a legitimate claim, you must demonstrate that another party’s acts caused your injuries and that you incurred damages. An experienced personal injury lawyer can help you assess if you have grounds for a case.
A: In Arizona, you only have two years from the date of the accident to file a premises liability case. This includes cases like slip and falls. If you do not file within this time frame, you might not be able to receive money for damages. There may be exceptions if the harm wasn’t instantly apparent; in this case, the discovery rule could extend the deadline to file.
A: When someone gets hurt physically, emotionally, or mentally because of someone else’s carelessness, intentional actions, or legal liability, that person has suffered personal injury. Car crashes, slips and falls, and medical malpractice are all common types of cases. People who have been hurt can file personal injury claims and request compensation to cover things like medical bills, lost wages, pain and suffering, and mental distress.
If you suffered a personal injury at the hands of someone else, Bleaman Law Firm, PC can help you get the compensation you deserve. We have a track record of success in helping victims of personal injuries obtain what they are entitled to. Contact us today for more information.
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