Personal Injury Attorneys In Tempe Arizona
Located just south of Phoenix, Tempe is home to Arizona State University and is the state’s 8th largest city, boasting a population just shy of 200,000. Unfortunately, an increasing rate of accidents has accompanied the city’s large and still growing population. And if you have suffered injuries or other damages in Tempe, Arizona, as a result of another party’s negligence or product malfunction, you may be entitled to financial compensation.
A simple search of “personal injury attorney Tempe” or “personal injury lawyer near me” should direct you to Pincus & Associates. Our team of experienced and compassionate personal injury attorneys has the expertise required to keep your rights protected and best assist you in navigating your claim. With the help of a trusted and highly-skilled Pincus personal injury lawyer, you may be able to acquire the compensation to which you’re legally entitled.
Common Forms of Injuries
Personal injury cases do not mandate the convictions of any responsible parties. However, individuals who cause personal injury accidents usually have, in one way or another, defied the law. For instance, an auto collision can result from something as simple as an individual exceeding the posted speed limit. Nonetheless, it is essential to distinguish between negligence and malicious actions, as neglect is associated with countless personal injury cases. And in order to win your case and acquire fair compensation for your damages, you must prove that the accused party was actually to blame for the accident, as well as your injuries.
Some of the most prevalent forms of personal injury cases include:
- Motorcycle Accidents: Motorcyclists may pursue a personal injury claim if they have suffered an injury due to another party’s negligence in a rear-end crash, left-turn crash, lane-change accident, or car door accident. If you are looking to pursue a claim, it’s in your best interest to get legal help from a motorcycle accident lawyer in Tempe.
- Car Accidents: Passengers that endure injuries in vehicles crashed by reckless drivers, drivers hurt in accidents caused by other cars, pedestrians who have been struck by vehicles, and vehicle occupants in cars that collide as a result of defective parts of designs may pursue personal injury claims. Consider seeking legal advice from a car accident lawyer to get a fair compensation for your injury.
- Wrongful Death: The decedent’s estate, the surviving spouse; child; parent or guardian; and/or legal representative of the decedent are entitled to pursue a wrongful death lawsuit if the victim’s death was the result of an individual or organization’s neglect, default, or wrongful act that would have been grounds for a personal injury lawsuit if the decedent had lived. If you lost a loved one as a result of a wrongful act, it’s crucial to get in touch with a wrongful death attorney in Tempe to support you through this painful time.
- Animal Attacks, including Dog Bites: All dog owners in the state of Arizona are held accountable for any bites or property damage caused by their dog. Following a dog bite, victims are forced to confront the financial challenges associated with the required medical treatment. Also, some dog bite victims may necessitate therapy to assist them in dealing with resulting emotional trauma.
- Premises Liability Accidents: All property owners have a legal duty to protect visitors’ safety while on their property. Slip and fall injuries, trip and fall injuries, an attack resulting from insufficient security, or a cut from an exposed nail are all accidents that would fall into this grouping.
- Truck Accidents: Large and typically quite treacherous, semi-trucks, or tractor-trailers, often travel Arizona’s roadways. If you’ve suffered injuries due to an accident with a tractor-trailer, you may be entitled to compensation from the truck driver, as well as their employer and the truck’s manufacturer.
- Workplace Injuries: If you’ve been injured while on the job, you may be able to pursue a personal injury claim. In addition to acquiring workers’ compensation from your employer’s insurance, you may also claim negligence against a third-party.
How Long Do I Have to File a Personal Injury Claim In Tempe AZ?
Every state has its own particular “statute of limitations.” A statute of limitations is a time limit within which those who have sustained damages must pursue legal action against the at-fault party. And under A.R.S. § 12-542, the statute of limitations in Arizona for personal injury lawsuits is two years from the date on which the injury transpired. This means that injured individuals have two years from when their injury occurred to file a personal injury claim against the person or organization responsible. However, exceptional circumstances exist that can alter this two-year statute of limitations.
The Discovery Rule
In certain circumstances, the discovery rule can be used to extend the statute of limitations. Under the discovery rule, even though the statute of limitations remains applicable to personal injury claims, the two-year deadline begins from the point in which a victim has or reasonably should have uncovered their injury.
Tolling the Statute of Limitations
Moreover, there are multiple situations where the statute of limitations may be tolled, or put off, for a lengthened period, including:
- If the accident occurred when a victim was a minor, the statute of limitations would be tolled until the victim’s 18th birthday.
- If the victim was deemed mentally incompetent when their injury occurred, the statute of limitations would be tolled until they were no longer considered disabled by the court.
And so, the statute of limitations for every case is unique. Contact Pincus & Associates to discuss the details that pertain to your case with a caring and knowledgeable personal injury lawyer in Tempe and better understand the statute of limitations applicable to your case. There is a deadline applicable to your claim, so don’t delay your consultation with a Pincus attorney.
Do I Have a Personal Injury Case?
In order to have a valid personal injury case, you must be able to prove that the accident and your injuries were the results of the other party’s negligence. And four components of negligence must exist in your claim to do so.
First, your Tempe personal injury attorney must determine whether or not the at-fault party was neglectful. They must also establish if the at-fault party was obligated to provide you a duty of care, ensuring your safety. If so, the other party involved in your accident would have had a duty to act sensibly and cautiously, protecting you from harm. For instance, in the case of a car accident, the motorist has a duty to drive carefully, refraining from causing injury or death to passengers, other motorists, or pedestrians.
Second, your Tempe personal injury lawyer will need to ensure that the at-fault party in your claim has breached their duty. If so, the other party would have failed to exert reasonable care to safeguard your wellbeing. Negligent or reckless behavior that is out of line with the typical way a reasonably careful person would act in a similar situation would be considered a breach of duty. For example, in the case of a car accident, a motorist who operated a vehicle while under the influence of drugs or alcohol or texting would have breached their duty.
Next, your Tempe personal injury attorney must prove causation in your claim. In order for causation to exist, the injuries suffered need to have been a direct result of the at-fault party’s failure to exercise reasonable care. Nevertheless, the at-fault party does not need to be entirely responsible for the accident or resulting injuries to prove causation. So long as your injuries would not have otherwise materialized, causation exists. For instance, in the case of a car accident, causation would be present if the collision would not have occurred had the at-fault driver abided by the posted speed limit or come to a full stop at a stop sign.
The last element of negligence that needs to be present for a valid claim is damages. You must have suffered damages as a result of the at-fault party’s negligence. These damages can vary in severity, ranging from lost income to hefty medical expenses to life-altering injuries. Your Tempe personal injury lawyer must compile evidence, like medical documents and employment records, illustrating the financial hardships you’ve faced due to the accident to prove the damages.
What is My Personal Injury Case Worth In Tempe AZ?
It is common for victims to be forced to suffer substantial financial losses, expensive medical treatments, and loss of income, along with any physical and mental injuries that result from an accident. There is undoubtedly no sum of money that can erase what a victim has endured. However, you may pursue compensation via a personal injury claim to lessen the financial burdens brought on by your accident. Compensation for property damage, caregiver costs, rehabilitation, lost wages, medical equipment, loss of earning capacity, and medical expenses can be acquired through a personal injury claim.
Victims may also be entitled to receive compensation for intangible or noneconomic losses experienced due to an accident. Noneconomic damages can include loss of reputation, loss of enjoyment of life, loss of companionship, disfigurement, and pain and suffering.
The legal team at Pincus & Associates has the skills, experience, and knowledge necessary to thoroughly assess your claim and provide you with your best chance to receive the compensation to which you’re entitled. Our attorneys will pursue every available option to help you recover the maximum compensation you require to best recover from your financial losses and injuries.
When Should I Hire a Personal Injury Attorney?
Working with a skilled and accomplished Tempe, AZ-based personal injury attorney with a proven track record is in your best interest if you believe you’ve endured injuries as a result of another’s negligence or breach of duty. You must consult with an experienced personal injury lawyer as soon as possible so that they may assist you in filing your claim following your accident. At Pincus & Associates, our attorneys strive to protect victims’ rights and win fair compensation from the responsible party’s attorneys and insurers. Victims should refrain from speaking with any insurance representative, whether yours or the at-fault party’s, until after consulting with a Pincus attorney.
You should hire a personal injury attorney in the following circumstances:
- Your injury was the result of another party’s negligence.
- You suffered a critical injury that will likely have long-term or permanent effects on your quality of life.
- An insurance company has requested that you make a statement on the record or sign a release form.
- You have suspicions that the insurance company is using your statement against you in an attempt to deny your claim.
- An insurance company offered you a settlement that fails to cover the costs of the medical expenses and financial challenges that resulted from your accident.
- Your personal injury claim was denied.
What Should I Do After an Accident?
It can be stressful, overwhelming, and frightening to suffer an injury in an accident. As a result, the days and weeks following a major accident can be quite traumatic. However, it’s critical to promptly file your personal injury claim if you want to acquire monetary compensation.
It is essential to immediately seek medical care if you or a loved one has been injured in an accident. Your health should always remain your number one priority. Nonetheless, victims often suffer injuries with camouflaged or delayed symptoms. These symptoms may very well remain hidden for several days or even weeks after an accident. For instance, car accident victims may not start to experience symptoms associated with whiplash until multiple days following a crash. Swiftly seeking medical attention will enable you to get the care you need as soon as you need it, beginning your recovery journey. Moreover, the actions you take in the aftermath of an accident will likely be heavily scrutinized and assessed by insurance companies. Thus, seeking prompt medical treatment will allow you to supply your insurer with detailed documents illustrating your injury’s severity and its correlation to your accident.
After receiving necessary immediate medical attention, the first thing you should do is consult with a Tempe personal injury attorney from Pincus to go over your claim. Your Pincus lawyer will act as your advocate, communicating with insurance representatives on your behalf to protect your rights and ensure you receive the claim to which you’re legally entitled.
Under the direction of your Pincus personal injury attorney, you should collect critical records and documents that may serve to support your claim, such as:
- Photos captured at the accident scene
- Medical documents detailing the severity of your injuries
- The names and contact information of all involved individuals and organizations, notably the at-fault party
- Police or accident report that illustrates the circumstance in which you were injured
- Receipts that detail medical treatments you’ve received for your accident-related injuries, in addition to their cost
- Employ records identifying your lost pay due to your recovery
Victims may also benefit from carefully, consistently, and thoroughly documenting their medical treatment for their own records. Such documentation might include detailed accounts of medical care received and the recovery process.
With that being said, you should never speak to any insurance representative, whether the negligent party’s or your own. Just contact your Pincus personal injury attorney as soon as possible following your injury, and they will handle the rest. Working with a Pincus Tempe personal injury attorney can help ensure you’re treated fairly, your rights remain protected, and you receive the compensation warranted by your damages.
Consulting with a Pincus attorney as soon as possible also allows critical evidence to be adequately collected before it is misplaced or memories begin to fade. Acting swiftly can also help guarantee that you stay within in the statute of limitations applicable to your case, as filing too late will cause your case to be dismissed, making it impossible to acquire fair compensation. Victims should contact a Pincus personal injury attorney in Tempe, AZ, to explore their claims’ validity and work out if they have a case.
Should I Take Photos of the Accident Scene and My Injury?
Photos can be compelling evidence to support your case. And so, your Pincus personal injury attorney may direct you to capture pictures of the accident scene and your injury. Nevertheless, this should only be done after first consulting with Pincus & Associates.
Pictures can, without a doubt, support your claim, serving as a visual representation of the severity of the accident and resulting damages. Your Pincus attorney will likely request that you take photos of your injury in the immediate aftermath of your accident. Additionally, photos documenting the progress of your recovery and the timeline of your healing can significantly support your claim. In the event that your case must go to trial, many months will have likely passed since you were initially injured. Although your wounds may be completely healed at this point, photos taken of your injury immediately after your accident can help to illustrate the severity of your pain and suffering.
Steps in a Personal Injury Lawsuit
Insurance companies usually try to settle personal injury claims quickly. Typically, they’ll work with your personal injury attorney to steer clear of court. However, our experienced and knowledgeable Tempe personal injury attorneys won’t hesitate to file a lawsuit to help you acquire fair compensation if the insurance company is uncooperative or fails to produce an adequate settlement payout.
At Pincus & Associates, one of our compassionate and highly-skilled Tempe personal injury lawyers will expertly handle each stage of your case, including:
- Demand Letter: As soon as your attorney determines that your claim is valid, they will send a demand letter to the at-fault party’s insurer, notifying them of your claim. This demand letter will identify the amount of compensation that you and your lawyer have agreed upon as fair — that would allow you to bounce back from the financial challenges brought on by the accident. At this juncture, your attorney will likely try to work with the insurance company to achieve a fair settlement.
- Complaint: At this stage, if a settlement has not been reached, your lawyer will file a complaint with the Maricopa County Clerk of Court expressing your intentions to file a lawsuit against the at-fault party. This complaint letter will explain your reason for suing the responsible party as well as your desired compensation. And this will start the lawsuit when filed within the statute of limitations applicable to your case. The at-fault party must respond to your complaint, admitting or denying their fault in your injury.
- Discovery Process: The discovery process is a formal fact-finding investigation that allows attorneys on either side to gather information on the other party. Depositions may occur at this stage.
- Pre-Trial Motions and Settlements: Your attorney and the at-fault party will each have the chance to file any final motions that may alter the course of the trial before it begins. And at this juncture, your attorney will also have the opportunity to settle the lawsuit before the trial starts. This is often accomplished via mediations or arbitrations.
- Trial: If a settlement has not been reached, the final step is to take the lawsuit to trial. And a trial can elapse multiple days or even weeks. During the trial, both you and the at-fault party will present evidence and make your arguments. At the end of the trial, a jury will declare a verdict that usually requires the other party to either pay you compensation or not. This verdict can be challenged via an appeal to the Court of Appeals Division One in Phoenix if either side disagrees with the decision based on a technicality involving law or evidence. Although not common, that decision may be appealed by filing a Petition for Review requesting the Arizona Supreme Court’s reviewal of the case.
How Pincus & Associates Can Help
Personal injury claims tend to be complex and lengthy legal matters and are often quite challenging for many individuals to face without an experienced attorney’s support and assistance. Accident victims can benefit from the help of a compassionate, understanding, and highly-skilled attorney who is well-versed in Arizona’s personal injury laws.
At Pincus & Associates, our team of experienced personal injury attorneys knows how to work with insurance companies to achieve victims’ fairest results. We know that insurance representatives tend to swiftly settle claims, giving victims the lowest possible payout. And these offers rarely reflect the actual value of victims’ claims.
Victims who work with a trusted personal injury attorney from Pincus & Associates will receive guidance throughout the claims process. Understanding and valuing your claims’ true worth, we will advocate for you and work with insurance companies to obtain the compensation you deserve. We’ll build a strong case on your behalf to support your claim by:
- Scrutinizing your accident and the actions of the at-fault party to establish their level of fault.
- Examining the injuries you’ve suffered and how they’ve affected your day-to-day life.
- Compiling medical documents, employment records, etc., to adequately illustrate the economic burdens you’ve face due to the accident.
- Obtaining police and accident reports that detail the events of the accident.
- Dealing with the at-fault party’s attorneys and insurance representatives.
Working enthusiastically to meet all of your case’s needs, your Tempe Pincus personal injury attorney will be there for you throughout the entire legal process. And with a robust skillset and access to a full host of resources, your lawyer will strive to acquire fair compensation for your damages.
“We believe the east valley is like a small town.”
You need to feel comfortable and confident with any personal injury lawyer in Tempe, Arizona you choose. That’s what we strive for at Pincus & Associates.
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, and/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.
REQUEST A FREE CONSULTATION
FILL OUT THE FORM BELOW TO RECEIVE A FREE AND CONFIDENTIAL INITIAL CONSULTATION