Personal Injury Lawyer Ahwatukee, AZ

One of the most important reasons to get a personal injury lawyer is to preserve and obtain evidence, such as photos, videos, eyewitness statements, medical records, and expert witness statements, all of which our attorneys can gather for your upcoming lawsuit.

We can then use that evidence to compel a large out-of-court settlement from the defendant or prove their liability if your case goes to trial. Waiting to consult our lawyers about your case can have consequences, such as missing the filing deadline or undervaluing your damages, so prioritize initiating your case.

Call our personal injury lawyers at (480) 428-0816 today to get a free and confidential case analysis from the Phoenix Accident and Injury Law Firm.

What Evidence Do Our Lawyers Use in Ahwatukee, AZ Personal Injury Lawsuits?

Evidence our lawyers often use in personal injury lawsuits includes photos, videos, witness testimony, and medical records.

Photos

Photos preserve physical evidence and the accident's aftermath. Take pictures of property damage to your vehicle or bike, as well as any physical injuries to your person. Also, photograph debris and other evidence of the incident.

Give us all the pictures you took. In addition to those pictures, we may obtain more photographic evidence from law enforcement officers who responded to the scene or from eyewitnesses who were present at the accident.

Videos

Our attorneys may also use video evidence to prove the defendant's fault. Traffic cameras and security cameras sometimes film personal injury incidents, and we can obtain this footage on your behalf as soon as possible after we confirm it exists. Tell us exactly where the accident happened, and we can contact anyone who owns security cameras nearby.

Cameras often automatically overwrite footage after a certain period, so do not wait to have us preserve this evidence.

Eyewitness Testimony

Eyewitness testimony is some of the strongest evidence we can use in an injury lawsuit. Like video footage, eyewitness testimony can prove the defendant's negligent conduct and the victim's immediate injuries. Please tell us whether you spoke with witnesses afterward and obtained their phone numbers, so we can use this information to contact and interview them.

Not all victims can speak to eyewitnesses one-on-one because of their injuries, and we have other methods of identifying eyewitnesses, like obtaining and reviewing the police report.

Medical Records

Medical records can show when you were injured, especially if you go to the hospital immediately after an accident. We obtain and organize medical records for victims so that they do not have to contact providers or request records themselves.

Expert Testimony

Medical experts, accident reconstruction experts, and mental health experts may all provide useful testimony in your lawsuit, and our personal injury lawyers can enlist the appropriate experts to help us prove your claim.

Having experts to support your case may convince the defendant to settle and present an offer worth accepting.

Proof of Damages

Plaintiffs must show evidence of their damages as well. Itemized hospital bills prove medical damages, and income records prove lost wages. The best evidence of non-economic damages may be your personal testimony and statements from mental health experts, since non-economic damages are subjective in nature.

How Should Your Lawyer Handle Personal Injury Settlement Negotiations?

Mishandling settlement negotiations can have serious consequences for a victim's recovery in Ahwatukee.

Know Your Claim's Value

Your attorney should enter settlement negotiations for your personal injury lawsuit, knowing the exact value of your claim, including future damages you expect to incur.

Leverage Strong Evidence

We can use our strongest evidence as leverage over the defendant to convince them to give a better settlement offer. Eyewitness statements confirming the facts of our case and video footage showing the defendant's negligence or recklessness may prompt a larger settlement.

Refuse Bad Offers

Our personal injury lawyers can refuse bad settlement offers on your behalf and respond with counteroffers that better reflect your damages. You should never feel pressured to accept a settlement. Also, you should not sign an agreement that leaves you responsible for covering too many costs.

Know When Court is Necessary

Your attorney should also know when settlement negotiations are no longer progressing, and if it is time to go to court. Even the indication that you are prepared to go to trial could yield a bigger, better settlement from the opposing side, and you may not even have to go to court at all.

What Do Our Lawyers Have to Prove in Personal Injury Lawsuits?

Our lawyers are familiar with the four mandatory elements of a personal injury claim and can help you satisfy all four for your case.

Duty of Care

A duty of care is the responsibility one party owes another to operate with their safety in mind. For example, anyone on the road, such as commercial truck drivers, passenger car drivers, bicyclists, and motorcyclists, owes one another to act safely and follow traffic rules. We can identify the specific duty that the defendant owed you.

Breach of Duty

The second element we must prove is that the defendant also breached the duty of care they owed you. Defendants do this through negligent, reckless, or intentional misconduct. The breach of duty is what the defendant did wrong, such as failing to yield to your right of way or driving far over the speed limit.

Causation

Next, we have to prove causation, which entails linking the defendant's breach of duty to the victim's injuries. Any evidence that supports this link, such as photos, accident reconstruction, videos, and eyewitness statements, helps, and we can gather it all for your case.

Damages

Finally, we must prove you incurred damages because of the defendant. Damages can be concrete, such as medical bills and missed paychecks. Damages can also be intangible, such as physical pain and mental suffering.

Undervaluing your claim could convince you to accept a subpar settlement offer, so having an experienced lawyer calculate and prove your damages is important.

What Are the Risks of Waiting to Get a Personal Injury Lawyer?

Wait too long to get a personal injury lawyer, and you risk jeopardizing your case in Arizona.

Missing the Statute of Limitations

Victims who wait to enlist a personal injury lawyer risk missing the two-year statute of limitations for their lawsuits in Arizona. Missing the deadline without citing an applicable tolling exception bars you from compensation.

Some cases take close to two years to complete, so avoid waiting until the statute of limitations has almost run out to start preparing your lawsuit.

Miscalculating Your Damages

You also risk miscalculating your damages if you wait too long to get an attorney, as you might forget about certain medical expenses or not realize transportation costs, home modifications, or other economic damages are also compensable. Miscalculating damages means requesting insufficient compensation and increases your risk of accepting a lowball settlement.

Failing to Preserve Evidence

Evidence can be lost over time. For example, an eyewitness might be unable to recall exactly what happened months after an accident, which is why our lawyers prioritize interviewing witnesses as soon as possible. Victims might inadvertently delete important photos or fail to get security camera footage before it is overwritten without our help.

Prematurely Settling

If you wait too long to get an attorney and file your case, you may be in desperate need of compensation, potentially leading to you prematurely accepting a settlement. Settling too soon could leave too much compensation on the table, especially if you have upcoming medical treatments scheduled or will not be able to work for many months, possibly years.

When is the Soonest You Should File a Personal Injury Lawsuit?

Although you must file your lawsuit within two years of an accident, you should not rush bringing a compensation claim, as you might present a weak case that does not yield the compensation you deserve.

Our attorneys file lawsuits after gathering enough evidence to meet the burden of proof and knowing victims' total damages. If you file prematurely, you risk undervaluing your damages and not considering future medical expenses and other losses.

FAQs About Personal Injury Lawsuits in Ahwatukee, AZ

What Accidents Can You File a Personal Injury Lawsuit For?

You can file a personal injury lawsuit if someone who owes you a "duty of care" is negligent and injures you, like in a car, bike, pedestrian, motorcycle, or truck accident in Ahwatukee.

What is the Statute of Limitations for Personal Injury Lawsuits in Arizona?

Arizona's statute of limitations for bringing a personal injury lawsuit is two years, though tolling exceptions can push back the deadline in specific situations.

Does Arizona Cap Compensation in Personal Injury Lawsuits?

Arizona does not have statutory limits on compensation in personal injury lawsuits, enabling victims to seek relief for all damages incurred, no matter how great.

Who Has the Burden of Proof in a Personal Injury Lawsuit?

The burden of proof in a personal injury lawsuit falls on the plaintiff, who must prove it is more likely than not that the defendant is liable for causing their injury and damages.

How Often Do Personal Injury Lawsuits Settle?

Personal injury lawsuits often settle, and plaintiffs may still recover a fair amount while keeping the case out of court with our attorneys' help.

When Should You Accept a Personal Injury Settlement?

We will inform you if we think you should accept a personal injury settlement, and stop you from signing an unfavorable offer that leaves you responsible for covering too many medical expenses and other damages.

Do Plaintiffs Testify During Personal Injury Trials?

Plaintiffs may testify in personal injury trials so jurors can hear about their pain and suffering and the defendant's negligence. If we advise you to testify, we will thoroughly prepare you.

How Do You Prove Damages in an Injury Lawsuit?

You can prove damages with medical bills, income records, and testimony, all of which we can organize and present in your lawsuit.

Can You Get Future Damages in an Injury Lawsuit?

Plaintiffs may seek future damages in an injury lawsuit for upcoming rehabilitative treatments or an ongoing inability to work, and our lawyers can ensure any out-of-court settlement includes future damages.

How Long Do Injury Lawsuits Take in Arizona?

Clear-cut injury cases may settle within a matter of weeks, while more complicated lawsuits may take longer to settle, or may even go to court. A trial may only take a few days after it begins, though it sometimes takes months for that to happen.

What Medical Evidence Does Your Injury Lawyer Need?

We need all records generated during your medical treatment, and we can obtain them on your behalf, with your permission, from hospitals and physicians in Arizona.

How Do You Calculate Economic Damages from a Personal Injury?

We can calculate economic damages by adding the costs of hospital bills, lost wages, transportation expenses, childcare services, home modifications, and any other concrete expenses we can trace to the defendant's negligence.

How Do You Calculate Non-Economic Damages from an Injury?

We calculate non-economic damages using the per diem and multiplier methods and by discussing your pain and suffering with you.

How Hard is it to Prove a Personal Injury Lawsuit?

It is challenging to prove a personal injury claim at trial or to secure a fair out-of-court settlement, especially if victims try to do so independently without an experienced attorney.

Can You Settle After Taking an Injury Lawsuit to Trial?

You may settle a case after taking it to trial, and defendants often send improved settlement offers after realizing the jury will most likely find them liable.

Reach Out to Our Injury Lawyers in Arizona Now

Call our personal injury lawyers at (480) 428-0816 for a free case assessment from the Phoenix Accident and Injury Law Firm.