Personal Injury Attorneys In Tucson Arizona

There are time limits, referred to as “statutes of limitations,” distinct to every state in which victims must take legal action against the party that caused their injury. As detailed by Arizona Revised Statute 12-542, the statute of limitations in the state of Arizona for personal injury suits is two years from the date on which an injury was sustained. And so, from the date on which your injury occurred, you have two years to file a personal injury claim against the responsible individual or entity. However, particular circumstances exist that may result in the alteration of this two-year statute of limitations.

The Discovery Rule

There are specific situations in which victims may not be aware that they have sustained injuries immediately following an accident. In a scenario such as this, the statute of limitations may be lengthened using the discovery rule. Under the discovery rule, even though the statute of limitations is still applicable to personal injury claims, the two-year deadline commences at the point at which a victim has, or should have reasonably, uncovered their injury.

Tolling the Statute of Limitations

Circumstances where the statute of limitations may be put off, or tolled, for a long while exist, as well. In the state of Arizona, the statute of limitations may be tolled in several scenarios, including:

• If a victim is a minor when their accident occurs, the statute of limitations will not commence until the day of their 18th birthday.
• If a victim is considered mentally incompetent at the point at which their injury takes place, the statute of limitations would be tolled until they are no longer deemed disabled by a court of law.

The statute of limitations for each case is unique. For this reason, it is essential to discuss the deadlines applicable to your case with a knowledgeable, credible Tucson personal injury attorney from Pincus. There is a time limit to file your claim, so do not hesitate to schedule your free consultation with Pincus & Lespron today!

The principal factor of a personal injury case is your ability to prove that the other party’s negligence was the cause of your accident and resulting injuries. Four elements of negligence must appear in your case to prove this.

When you schedule your free consultation with one of our Tucson personal injury attorneys, they will assess your claim, determining if the following elements exist, in this order:

• Duty of Care: Your personal injury attorney will establish if the responsible party owed you a duty of care to make sure of your safety. Thus, the other party involved in your accident was obligated to behave in a reasonably cautious and judicious manner, safeguarding you from harm.

• Breach of Duty: The at-fault party in your claim must have breached its duty. In other words, the individual or organization may have behaved negligently or recklessly, failing to act in the way a reasonably prudent individual would have in a comparable situation.

• Causation: Causation is also required to exist in your claim. The injuries that you endured must have been a direct result of the responsible party’s lack of success in exhibiting reasonable care. Nevertheless, to prove causation, the at-fault party is not required to be the only party responsible for the accident. Alternatively, you must prove that the at-fault party’s negligence played a part in the accident. In other words, causation is present if it is determined that your injuries would not have occurred had the at-fault party behaved differently.

• Damages: As a result of the negligence of the at-fault party, you must have endured damages. Damages consist of measurable losses suffered in the aftermath of an accident, like lost wages or hefty medical expenses. Compiling evidence that illustrates the monetary losses you have sustained, your Tucson personal injury attorney will need to prove the damages you’ve suffered due to an accident. Such evidence might include documentation explaining medical treatment costs or employment records detailing wages lost while you were in recovery.

Frequently, accident victims experience substantial suffering that goes far beyond any sustained mental or physical injuries. It is common for victims to endure enormous financial burdens as a result of pricey medical treatment. Moreover, victims who sustain injuries that hinder them from working may also experience a loss of income. Undoubtedly, no quantity of money can eliminate what you have already endured, but filing a personal injury claim may help you acquire the monetary compensation necessary for you to begin recouping your financial losses.

By filing a personal injury claim, you may be able to obtain compensation for the following:

• Assistive medical equipment
• Caregiver costs
• Lost earning capacity
• Lost wages
• Medical expenses (previous and subsequent)
• Property damage
• Rehabilitation

Furthermore, you may also be entitled to additional compensation for the immaterial losses you’ve endured. Compensation may be acquired for noneconomic damages, such as:

• Disfigurement
• Loss of companionship
• Loss of enjoyment/quality of life
• Harmed reputation
• Pain and suffering

A simple search of “personal injury lawyer Tucson” or “personal injury attorney near me” should lead you to Pincus & Lespron. Our team of experienced personal injury lawyers offers the skills and knowledge required to examine your claim exhaustively and determine the fair compensation you may be legally entitled to acquire for your recovery. Pursuing every legal option available, your Pincus Tucson personal injury attorney will assist you in recovering the maximum compensation for the financial losses and injuries you have sustained. 

Suppose you sustained injuries in an accident that you believe resulted from another individual’s negligence or breach of duty. In that case, it’s likely advantageous to consult with a Pincus personal injury attorney in Tucson with the experience and skills necessary to assist you with your claim. 

It is particularly imperative to work with an experienced personal injury attorney if:

• Your injury resulted from one or more parties’ negligence or recklessness.
• You endured a grave injury that is anticipated to have extended or life-long effects.
• You have been asked by an insurance company to supply a statement on the record or sign a release form.
• You have reason to believe an insurance company is using your statement to discredit and subsequently deny your claim.
• You have been offered a low settlement from an insurance company that fails to compensate you for your medical expenses or other monetary losses following an accident.
• Your personal injury claim was denied.

Promptly contacting and working with an experienced personal injury lawyer is crucial if you feel you require assistance filing a claim in the aftermath of an accident. Our team at Pincus & Lespron strives to safeguard every victim’s right to fair compensation from both the responsible party’s lawyers and insurance companies.

Sustaining injuries due to an accident can bring about immense amounts of stress and anxiety. The days and weeks that come after a severe accident are often incredibly overwhelming for many victims. However, it is essential to take action as soon as possible to file your claim and acquire the fair compensation to which you’re entitled.

It may be in your best interest to take the following steps if you or a loved one has suffered an injury as a result of an accident.

Immediately Seek Out Medical Attention

After sustaining an injury in an accident, your health must remain your top priority. You should seek out medical attention immediately if you have been involved in an accident, whether you believe you have suffered any injuries or not. It is common for many victims to endure injuries with either delayed or concealed symptoms that may not reveal themselves for several days or weeks following an accident.

Seeking out medical attention as soon as possible enables you to better understand the injury you’ve sustained, as well as any treatments you may need to recover properly. Moreover, it is highly probable that insurance companies will deliberately and methodically scrutinize the actions you take in the aftermath of an accident. Promptly seeking medical care will enable you to supply insurance companies with documentation detailing your injuries’ severity and illustrating their correlation to the accident.

Consult with an Experienced Lawyer

After you have received adequate medical care for your injury and have a solid understanding of your health and financial losses, the first thing you should do is contact Pincus & Lespron. Serving as your advocate throughout the claims process, your Tucson personal injury attorney will manage all communications with attorneys representing the responsible party and insurance companies.

Following your free consultation, Pincus & Lespron’s team of highly skilled and knowledgeable personal injury lawyers will assess your accident and the injuries you’ve endured. Using this information, they will analyze your claim and establish whether your case entitles you to receive monetary compensation.

Gather Crucial Documents and Records

For the duration of the claims process, your Pincus attorney will assist you to gather crucial documents and records that they may be able to use to bolster your case and eventually acquire your deserved compensation. Essential documents and records include:

• Employment records detailing the wages you’ve lost as a result of your recovery
• Medical documents illustrating how severe your injury is
• Names and contact information for all parties involved in your accident
• Photos captured at the scene of the accident
• Police and accident reports explaining the circumstances the caused your injury
• Receipts conveying the forms of medical treatment you received and their cost

Furthermore, you should carefully and diligently document the medical care you receive for your records. Precisely recording the types of medical treatment you receive, as well as how your injury responds over time to the treatment, may prove helpful for your case.

Allow Your Pincus Attorney to Speak with all Insurance Representatives

However, you must never converse with any insurance representative, whether your own or the defendant’s. After notifying your Pincus Tucson personal injury attorney of your accident, they will handle all communications with insurance representatives, ensuring that your legal rights are protected.

Although an adjuster is an individual employed by an insurance company to establish the amount of compensation you should be awarded, an adjuster’s top priority is often to save the insurer money. To make this happen, an adjuster will usually pay you the most minimal sum of compensation that they can. This can often be achieved by using your statements against you to diminish your claim’s value or deny it altogether.

Speaking with a Tucson personal injury attorney before providing the insurance company with any form of recorded or written statement may help ensure fair treatment. Moreover, a lawyer may be able to assist you in receiving compensation that authentically expresses the gravity of the injury you’ve suffered.

Promptly Act

It is essential to act if you have been injured in an accident that resulted from another individual’s negligence promptly. This will help you to secure your personal injury claim, allowing you to properly gather crucial evidence before it is lost track of or forgotten. 

Acting swiftly can also help ensure that you stay within the statute of limitations applicable to your case. Filing a lawsuit too late may cause you to miss your deadline. If this happens, it is incredibly likely that your case will be dismissed, preventing you from ever recovering compensation for your injury. Thus, it is in your best interest to immediately reach out to a Pincus personal injury attorney based in Tucson, AZ, who can examine your claim and assess whether you have a case.

Providing a visual representation of the accident’s gravity and the damage that resulted, photos serve as convincing and compelling evidence for your case.  For this reason, your Pincus personal injury attorney may direct you to capture photos of the accident scene and your injury. However, this should only be done after consulting with us. Your Pincus personal injury attorney may request that you take photos of your injury directly following an accident. Serving to document your recovery process and the time it takes for your sustained injuries to heal, these photos may prove to support your claim significantly. And photos taken directly after an accident can help you establish the severity of your injuries at trial, which often occurs several months later when your wounds may have healed entirely. 

Usually, insurance companies settle personal injury claims quickly, actively working with attorneys to avoid lawsuits and court dates. However, suppose you encounter an unamenable, stubborn insurance company that denies you fair compensation for the injuries you’ve suffered. In that case, the personal injury attorneys at Pincus & Lespron can offer the assistance you need. Without hesitating to file a lawsuit, your lawyer can help you to acquire fair compensation.

Your Tucson personal injury lawyer will manage several distinct aspects of your personal lawsuit, like the following.

Demand Letter

After your personal injury attorney has established your claim’s validity, they will send a letter of demand to the responsible individual or entity’s insurance company. This letter will serve as a notice, communicating to the insurer that you’re filing a claim. It will also notify them of the amount of compensation you and your attorney feel would allow you to sufficiently recover from the costs of your injury and the financial losses you endured as a result of the accident. At this juncture, your Tucson personal injury attorney will probably need to negotiate with the insurer to come to an adequate settlement.

Complaint

If an agreement is not reached at this phase, your lawyer will go ahead and file a complaint with the Pima County Clerk of Court expressing your aim to file a lawsuit against the party responsible. Your complaint letter will establish the grounds for your suit, including the reason you’re suing the at-fault party and the ideal monetary compensation you seek. And this letter will officially start the legal process when adequately filed within the applicable statute of limitations.

Once served, the responsible party must respond to your complaint letter, either by admitting or denying fault for your sustained injury.

Discovery Process

Next up is the discovery process, a formal fact-finding investigation that provides the attorneys on both sides an opportunity to compile information on the other party. The discovery process often involves interviews of the other party and any witnesses that may be asked to testify in court, commonly referred to as depositions.

Pre-Trial Motions and Settlements

Before the trial, both your attorney and the responsible party will have a final opportunity to file motions, potentially affecting how the trial progresses. In this phase of a personal injury lawsuit, your attorney will also have the chance to settle the lawsuit before making it to court. Settlements are typically attained via alternative methods such as mediation or arbitration. Either side may present their case to a neutral third-party arbiter or mediator who will ultimately conclude a fair settlement.

Trial

If a settlement is not reached, taking the lawsuit to trial would be the final step. Depending on the case, a trial can last anywhere from several days to several weeks.

Throughout the trial, either side will introduce the evidence they’ve collected, making arguments for their respective cases. At the trial’s conclusion, a jury will ultimately share their verdict. If a jury rules in favor of the victim, they will usually demand that the other party pay the victim compensation. Alternatively, if a jury rules in favor of the other party, compensation will not be awarded to the victim.

However, the jury’s decision can be challenged by appealing to the Court of Appeals Division Two in Tucson, which is occupied by six judges. These judges will hear and ultimately decide the case. Nevertheless, that decision can also be appealed with a Petition for Review that requests the Arizona Supreme Court’s review of the case. Although the Supreme Court will certainly not hear each and every appeal.

More often than not, personal injury claims prove to be complicated, convoluted matters difficult for most to handle independently. A skilled personal injury attorney with in-depth knowledge of Arizona’s personal injury laws can help you face insurance companies and acquire your fair and deserved results. Unfortunately, it is expected that insurance companies will attempt to settle a claim quickly, offering victims the most reduced compensation possible.

Consulting with a trusted personal injury attorney from Pincus & Lespron will provide you with the attention you deserve and the guidance you need to navigate the claims process. Understanding your claim’s actual value, your Tucson personal injury attorney will work with the insurance company, helping you receive the amount to which you’re legally entitled and that will allow you to begin recovering from your injuries and suffering.

Visit our website today to schedule a free consultation. Our team works on a contingency basis, which means you don’t owe us any money out of pocket, and we only get paid if we win your case!