Personal Injury Attorneys In Phoenix Arizona
As the bustling capital of Arizona, Phoenix is home to millions of individuals. However, with such an expansive population, accidents and resulting injuries can occur at any time.
And you may be able to claim financial compensation for the injuries and losses you’ve suffered as a result of another individual’s negligence or a product malfunction. You don’t need to look any further for a personal injury lawyer with the expertise to help you navigate your claim and recover from the financial losses that resulted from your accident. With a trusted and experienced team of personal injury lawyers in Phoenix, Pincus can help you defend your rights and obtain your rightful compensation.
Common Types of Injuries
Although personal injury cases do not necessitate the convictions of any at-fault parties, individuals who cause personal injury accidents have typically, in some way, defied the law. An example of this would be exceeding the speed limit, resulting in a car crash. However, it is essential to note that numerous personal injury cases are associated with negligence, not malicious actions. To win your case and obtain your desired compensation, you must prove that the accused individual or business was indeed the cause of both the accident and your injuries.
The following are many of the most common types of personal injury cases:
- Motorcycle Accidents: Motorcyclists who have endured injuries as a result of another driver’s negligence in a car door accident, lane-change accident, left-turn crash, or rear-end crash may pursue their claims. Victims are recommended to seek legal consultation from an expert motorcycle accident attorney to get a fair compensation.
- Car Accidents: Passengers that sustain injuries in vehicles crashed by reckless drivers, pedestrians who have been struck by cars, drivers hurt in accidents caused by other vehicles, and vehicle occupants in cars that crash due to defective parts or designs are all entitled to pursue their claims. However, building a strong case can be challenging and might require support and legal representation by a car accident attorney in Phoenix.
- Wrongful Death: The decedent’s estate, the surviving spouse; child; parent or guardian; and/or legal representative of the decedent may bring a wrongful death lawsuit to court if the victim’s death was caused by an individual or organization’s wrongful act, neglect, or default that would have been grounds for a personal injury suit had the deceased survived. Filing a wrongful death claim can be complicated and lengthy which can be handled better by an attorney with experience in wrongful death cases.
- Animal Attacks, including Dog Bites: In Arizona, all dog owners are held accountable for any property damage or bites that have resulted from their dog’s behavior. Following a dog bite, victims — frequently children — must confront the financial burdens associated with required medical procedures. Additionally, some dog bite victims may even require therapy to help them handle the emotional trauma they endured.
- Premises Liability Accidents: All property owners have a legal duty to ensure their visitors’ relative safety while on their property. Injuries that would fall into this category include slip and fall injuries, trip and fall injuries, an attack resulting from inadequate security, or a cut from a nail sticking out of wood flooring.
- Truck Accidents: Large and often dangerous, semi-trucks, or tractor-trailers, frequent Arizona’s roadways. Suppose you’ve sustained injuries as a result of an accident with a semi-truck. In such a lawsuit, you may be entitled to compensation from not only the truck driver but also their employer, and potentially the truck’s manufacturer.
- Workplace Injuries: You can pursue a claim if you have been hurt while on the job. Although you can obtain workers’ compensation from your employer’s insurance, you can also claim negligence against a third party.
How Long Do I Have to File a Personal Injury Claim In Phoenix?
Each state has its unique “statute of limitations,” or a time limit in which injured individuals must pursue legal action against the responsible party. According to A.R.S. § 12-542, the statute of limitations in Arizona for personal injury lawsuits is two years from when an injury transpired. Thus, you have two years from the date your injury took place to file a personal injury claim against the individual or organization at-fault. There are, however, specific circumstances that may change this two-year statute of limitations.
The Discovery Rule
The discovery rule can serve to elongate the statute of limitations in certain situations. Although the statute of limitations still applies to personal injury claims, under the discovery rule, the two-year deadline starts from the point in which a victim has, or reasonably should have, discovered their injury.
Tolling the Statute of Limitations
Additionally, several situations exist in which the statute of limitations may be tolled, or postponed, for an extended time, such as:
- The statute of limitations would be tolled until the date a victim turns 18 years of age if the accident occurred when they were a minor.
- The statute of limitations would be tolled until a court determines a victim is no longer disabled if they were determined mentally incompetent when their injury occurred.
Thus, the statute of limitations is entirely distinct to every case. Contact Pincus & Associates to discuss your case with an experienced injury lawyer in Phoenix and better understand the time limits applicable to your claim. There is a deadline to file your claim, so do not hesitate to consult with a Pinus Phoenix injury attorney.
Do I Have a Personal Injury Case?
In a personal injury case, the element of foremost importance is your ability to prove your accident and the injuries sustained as a result occurred due to the other party’s negligence. To do so, four components of negligence must exist in your claim.
First, your Phoenix personal injury attorney will want to determine whether the at-fault party was neglectful and was obligated to provide you a duty of care, guaranteeing your safety. In other words, the other party involved in your accident had a duty to act both sensibly and cautiously to prevent harm from being done to you. In a case dealing with a car accident, the driver is responsible for driving carefully, avoiding causing injury or death to passengers, other motorists, or pedestrians.
Next, your injury lawyer will want to ensure that the at-fault party in your claim has breached its duty. Thus, the other party would have fallen short in exerting reasonable care to protect your wellbeing. Reckless or negligent behavior that is a departure from the way a reasonably careful person would conduct themselves in a similar scenario would be deemed a breach of duty. And so, accidents caused by at-fault parties texting while driving or driving while under the influence of alcohol or drugs can be considered a breach of duty.
Your injury attorney will also want to ensure that causation is present in your claim. Causation necessitates that injuries sustained were, in fact, a direct result of the at-fault individual or organization’s misstep in exercising reasonable care. However, to prove causation, the at-fault party does not have to be entirely responsible for the accident and resulting injuries. Causation exists so long as your injuries would not have materialized if it weren’t for how the at-fault party behaved. An example of this is a car accident that would not have happened if the at-fault driver had come to a full stop at a stop sign or adhered to the speed limit.
The final component of negligence that must be present in your claim are the damages. You must have endured damages that occurred due to negligence on the part of the at-fault individual or organization. Such damages can refer to severe losses following an accident like lost income or immense medical expenses. Your personal injury attorney will be required to collect evidence, like employment records or medical documents, detailing the financial burdens you’ve experienced due to the accident to prove the damages.
How Much is My Personal Injury Case Worth?
Victims are often forced to endure significant financial losses, costly medical treatments, and loss of income in conjunction with any physical and mental injuries resulting from the accident. Although there is undoubtedly no sum of money that can eradicate what you’ve suffered, you may recover from your financial losses with compensation received by filing a personal injury claim. You may be able to receive compensation via a personal injury claim for property damage, caregiver costs, rehabilitation, lost wages, medical equipment, loss of earning capacity, or medical expenses.
Additionally, victims may be entitled to compensation for the intangible or noneconomic losses they’ve endured. Such damages for which compensation may be possible include loss of reputation, loss of enjoyment of life, loss of companionship, disfigurement, and pain and suffering.“
If you find yourself searching “personal injury lawyer phoenix az” or “personal injury attorney phoenix” for your best bet at receiving fair compensation, the legal teams at Pincus firms have the skills, expertise, and experience needed to assess your claim thoroughly. Our lawyers will pursue every available option to help you recover the maximum compensation that you need to recover from your injuries and financial losses.
When Should I Hire a Personal Injury Lawyer?
It may be in your best interest to work with a skilled and accomplished Phoenix, AZ-based personal injury attorney if you believe that you sustained injuries due to another’s negligence or breach of duty. It is essential to consult with an experienced personal injury lawyer as soon as possible if you need assistance with your claim following an accident. At Pincus, our attorneys work to protect every victim’s right to fair compensation from the at-fault party’s attorneys and insurance companies. You should never speak with any insurance representative, either theirs or yours, until after consulting with your Pincus attorney — so call us now to protect your rights!
Victims should hire a personal injury attorney in the following situations:
- The victim’s injury resulted from the negligence of one or more individuals or organizations.
- The victim has endured a critical injury that is likely to have a long-term or permanent effect on their quality of life.
- An insurance company has requested a statement on the record or a signed release form from the victim.
- The victim has suspicions that the insurance company is using their statement against them, assisting them in denying the victim’s claim.
- The victim is offered a low settlement by an insurance company that will not allow them to recover the costs incurred due to the financial losses and medical expenses resulting from the accident.
- The victim’s personal injury claim was denied.
What You Should Do After an Accident
Being injured as a result of an accident can be incredibly stressful as well as frightening. The days and weeks following a significant accident can be extremely overwhelming. Nevertheless, it is imperative to act as quickly as possible to file your claim and obtain your deserved compensation.
If you or your loved one comes out of an accident with sustained injuries, it is important to immediately seek medical attention. Your health should always be your main priority. However, it is not uncommon for victims to suffer injuries with camouflaged or delayed symptoms. And these symptoms may not reveal themselves for many days or even weeks following an accident, just as car accident victims may not begin to experience whiplash symptoms until several days after the crash. Seeking medical attention swiftly will allow you to better understand your injury and any treatments necessary for your recovery. And the actions you take following an accident will likely be thoroughly investigated by insurance companies. So, by seeking medical treatment promptly, you will be able to provide the insurance company with documents detailing your injury’s severity and how it resulted from the accident.
Once you’ve received the necessary immediate medical care, the first thing you should do is contact a Phoenix personal injury attorney to discuss your claim. Acting as your advocate, your Pincus lawyer will communicate with the other party’s attorneys and insurance companies to ensure you receive fair compensation.
During the claims process, you should gather critical documents and records useful to your Phoenix personal injury attorney to support your claim. Such documents may include:
- Photos that were taken at the scene of the accident
- Medical documents that reveal the gravity of the injuries you’ve endured
- The names and contact information for the at-fault party, as well as other parties involved in your accident
- Police or accident reports that both outline and convey the situation in which you suffered your injury
- Receipts that communicate medical treatments you’ve received as a result of your accident, as well as their cost
- Employment records asserting your lost pay as a result of your recovery
In addition to the documents mentioned above, victims can benefit from conscientiously documenting their medical treatment for their own records. Such documentation would include precisely recording medical treatment received and the recovery process.
However, you should never speak to any insurance representative, whether the negligent party’s or your own. Instead, you should only contact Pincus as soon as possible following your injury. Consulting with a Pincus Phoenix personal injury lawyer can help to ensure that you’re treated as fairly as possible and receive adequate compensation necessitated by your injury.
By promptly consulting with a Pincus attorney, you can help to ensure that crucial evidence is appropriately collected before it is misplaced or recollections begin to wane. Acting quickly can also help you stay within the statute of limitations of your case, as filing too late or after your deadline will often result in your case being dismissed and fair compensation being permanently out of reach. Victims should contact a Pincus personal injury attorney in Phoenix, AZ, so that they can explore their claims and work out if they have a case as quickly as possible.
Why You Should Take Pictures of the Accident Scene and Your Injury
Pictures can serve as compelling evidence in your case. For this reason, your Pincus personal injury attorney may ask that you take photos of the accident scene and your injury. However, this should only be done after speaking with us, and at our direction.
Serving as a visual representation of just how severe the accident was and the damage that resulted from it, photos can undeniably support your claim. Your Pincus attorney will likely ask you to take photos of your injury immediately following your accident. In addition, photographs documenting your recovery process and the timeline of your injury’s healing can support your claim in numerous ways. If your case goes to trial, many months can elapse before you face a jury, and your wounds may heal entirely at that point. So, photos taken of your injury immediately following an accident can help you prove the severity of your suffering.
Steps in a Personal Injury Lawsuit
It is common for insurance companies to be quick to settle personal injury claims. More often than not, they’ll work with your personal injury attorney to avoid bringing the case to court. Nevertheless, our experienced Phoenix personal injury attorneys will not hesitate to file a lawsuit to help you receive your deserved compensation if the insurance company is uncooperative and refuses to compensate you fairly for your injury.
One of our skilled Phoenix personal injury lawyers at Pincus will expertly handle many of the details of your lawsuit, like:
- Demand Letter: Once your attorney determines a valid claim, they will send a demand letter to the at-fault party’s insurance company, notifying the insurer that you are filing a claim. This demand letter will specify the amount of compensation that you and your lawyer feel will allow you to recover from the financial burdens. At this point, your attorney will most likely attempt to work with the insurance company to come to a fair settlement.
- Complaint: If a settlement is not reached at this stage, your attorney will then file a complaint with the Maricopa County Clerk of Court stating your intentions to file a lawsuit against the other party. This complaint letter will detail your reason for suing the at-fault party and your desired compensation. Filed within the applicable statute of limitations, this will commence the lawsuit. Following your complaint filing, the at-fault party will be required to respond by admitting or denying their fault in your injury.
- Discovery Process: A formal fact-finding investigation, the discovery process enables the attorneys on either side to collect information on the other party. During the discovery process, depositions may occur.
- Pre-Trial Motions and Settlements: Prior to the trial, your attorney and the at-fault party will both have the opportunity to file any final motions that may affect the trial’s future. At this stage, your attorney also has the chance to settle the lawsuit before the trial commences. Frequently, this is accomplished through mediations or arbitrations.
- Trial: The final step, if a settlement has not been reached, is to take the lawsuit to trial. This can last for several days or weeks. At trial, you and the at-fault party will be able to present evidence and make your arguments. When the trial ends, a jury will announce a verdict that generally requires the other party to either pay you compensation or not. If either side disagrees with a technicality involving law or evidence, it can be challenged via an appeal to the Court of Appeals Division One in Phoenix. And that decision can then be appealed by filing a Petition for Review requesting the Arizona Supreme Court’s reviewal of the case, although this won’t always occur.
How Our PI Attorneys Can Help
Usually intricate and complicated legal matters, personal injury claims can be arduous for the majority of people to face on their own. Accident victims often require the assistance of an experienced and knowledgeable attorney who is well-versed on Arizona’s personal injury laws.
Moreover, skilled personal injury attorneys will have experience working with insurance companies to achieve the fairest results for their clients. Unfortunately, it is not uncommon that insurance companies will try their hardest to rapidly settle a claim, resulting in the lowest possible compensation for victims. These offers seldom reflect the true worth of victims’ claims.
In working with a trusted personal injury attorney from our legal team, victims will receive guidance throughout their claims process. Your lawyer will advocate for you, understand your claim’s real worth, and work effectively with the insurance company to obtain your deserved compensation. Creating a robust case on your behalf to back-up your claim, your injury attorney will:
- Scrutinize your accident and the actions of the at-fault party to determine their level of fault.
- Evaluate your sustained injuries and how they’ve affected your life to establish your claim’s value.
- Gather any medical documents, employment records, etc. that depict the endured financial hardships resulting from the accident in question.
- Acquire police and accident reports that explain the events of the accident.
- Deal with attorneys representing the at-fault individual or organization and insurance companies.
Your Pincus personal injury attorney will have your back and enthusiastically work to meet all of your case’s needs. Furthermore, your lawyer will dedicate their robust skillset, coupled with our full host of resources, to help you to receive the fairest compensation.
You need the best personal injury lawyer to make sure you receive everything you deserve after a car accident or motorcycle injury. But how can you know who to trust? With the Pincus Law Firm on your side, you can expect the personal attention of this independent, boutique firm.
“We believe the west valley is like a small town.”
You need to feel comfortable and confident with any personal injury lawyer in Phoenix, AZ you choose.
That’s what we strive for at the Pincus Law Firm. From your first phone call with our staff to your free initial consultation, we make it a priority to get to know you, the complete details of your case, how you have been affected by the result of your injuries and to learn how we can best serve you during this entire process.
Whether you were in a motorcycle accident, were injured in a car crash, or suffered the tragic, wrongful death of a loved one- we work hard for you. You’ll have an assigned staff person in addition to the firm’s attorneys working on your case. You can call an attorney any time and you’ll get a call back within 24 hours. You can trust that we are here to help you through this trying time.
We take the time to thoroughly explain how our team can benefit you and strive to earn your business every single day.
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