Personal Injury Lawyer in Gilbert, AZ

Personal injury claims are some of the most common kinds of claims in our justice system, but that does not mean they are always easy to handle. You may be dealing with significant damages, painful injuries, and costs you cannot afford. An attorney can help you get fair compensation.

Personal injury claims may cover a wide range of cases, incidents, and accidents. However, the common thread running through all personal injury cases I that the plaintiff must have suffered some kind of bodily harm. Your injuries need not be extreme or debilitating to warrant legal action. You may also bring other claims alongside your injury claims, such as claims for damages to property or lost income from being unable to work.

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

How Do I Know if I Have a Personal Injury Claim?

Personal injury cases span a wide range of injuries and accidents, and many injured victims are unsure of what kind of legal claims they have. Below are some common characteristics of personal injury cases. A lawyer can help you determine for sure what kind of claim you have.

Physical Injuries

Perhaps the defining characteristic of personal injury claims is bodily harm. A plaintiff must have a physical injury of some kind that was caused by a negligent defendant. Your injuries do not have to be extreme or life-altering for you to file a lawsuit, but you will have to prove your damages in court.

You Were Involved in an Accident

Many personal injury cases stem from accidents. Some of the most common accidents that lead to personal injury claims are vehicle accidents. Car accidents are very common, but accidents involving motorcycles, trucks, bicycles, and even pedestrians are also frequently cited in personal injury cases.

Typically, personal injury cases are based on negligent behavior rather than intentional acts of violence, although you may still sue for injuries caused by intentional acts of harm.

Someone Else is to Blame

Another person, group, or entity must be to blame for your injuries. As mentioned, many cases are based on someone else's negligent behavior. You cannot sue for injuries you caused entirely by yourself. However, if you are slightly responsible for some of your injuries, you may still be able to sue, according to Arizona's comparative negligence laws.

How Do I Get Financial Compensation for Personal Injuries in Gilbert, AZ?

Accidents and personal injuries often lead to major expenses that injured victims cannot afford. Financial compensation may be crucial to your own survival and livelihood, and your attorney can help you get what you need.

Insurance Claims

One method of getting fair compensation that injured victims often try first is to file insurance claims. Certain accidents may be covered by insurance, such as car accidents, and you might not need to do anything else if your damages are fully covered. You may still need a lawyer to help you navigate the insurance process, especially in cases involving complex accidents and high damage.

You may need to coordinate benefits between multiple policies, and our personal injury lawyers can help make sure the insurance company makes good on its policies.

Lawsuits

If insurance is unavailable or does not adequately cover your damages, you may sue the person responsible for the accident. It is often a good idea to try insurance first, as courts typically want to see plaintiffs exhaust their other legal options before filing a lawsuit.

Lawsuits tend to take a lot longer than insurance claims, so you may have to wait a while before receiving compensation. Lawsuits are also not guaranteed to be successful, and you might not get any compensation if a judge or jury disagrees with your claims.

Settlements

If you file a lawsuit, you might not have to take your case to court. Many plaintiffs reach settlement agreements with defendants outside of court. The size of a settlement depends on your evidence and how your attorney helps you negotiate. You may need to compromise with the defendant on some claims, so you might not receive the full value of your damages. Even so, a good settlement should cover most of your damages and not leave you with unpaid debts you cannot afford.

Can I Sue for Personal Injuries if I am Partially Responsible?

Personal injury cases are rarely straightforward, and the defendant may contest numerous issues. One common issue is that of comparative negligence and whether a plaintiff may maintain a lawsuit if they are partially to blame for their injuries.

Pure Comparative Negligence Laws

In Arizona, plaintiffs who are partially to blame for their injuries may still sue under the state's comparative negligence laws. More specifically, Arizona follows a pure comparative negligence law where a plaintiff's damages are reduced according to their share of blame as determined by the trier of fact. So, if the jury deems you 10% responsible for the overall accident, your total damages may be reduced by 10%.

There is no limit to how far your damages may be reduced. In theory, you could be 90% responsible for the accident and still recover 10% of your damages from the defendant.

Refuting Comparative Negligence

To protect your potential compensation, your attorney should help you refute accusations of comparative negligence. Our personal injury lawyers may present evidence supporting claims that you did not act negligently during the accident.

Remember, for the issue to even be considered, the defendant must have evidence supporting their claims that you contributed to the accident and your injuries. If their evidence is weak, the jury might not even consider it.

Damages Available in Your Personal Injury Case in Gilbert, AZ

Damages may vary greatly in a single case, depending on the plaintiff's injuries and how the accident occurred. Each case is unique, and you should talk to an attorney about the extent of your damages so that no potential compensation is left on the table.

Economic Damages

A major part of your claims is your economic damages, which represent the financial costs of the accident and your injuries. Hospital bills, property damage, and lost income from being unable to work due to injuries are just a few common claims.

Non-Economic Damages

Your non-economic damages are more subjective and encompass personal painful experiences. For example, physical pain, emotional distress, psychological injuries, and a reduction in the overall quality of your life may be claimed. Since these damages may not be proven with evidence of cost alone, their value may be open to interpretation.

Punitive Damages

In the 2022 case of Swift Transp. Co. v. Carman, the Arizona Supreme Court ruled that plaintiffs seeking punitive damages must establish two crucial factors.

First, they must establish a prima facie case for punitive damages by showing that there is a reasonable likelihood that the issue of punitive damages will be submitted to a jury.

Second, the plaintiff must show that there is proof that the defendant's behavior during the accident or incident was intended to cause harm, motivated by spite or ill will, or outrageous, and that the defendant pursued this conduct knowing it created a substantial risk of injury to others.

How Do I Prove Personal Injury Claims in Gilbert, AZ

To prove your claims, we must have evidence demonstrating the defendant's negligent behavior. Evidence may encompass a vast assortment of physical objects, testimony, records, and more.

Physical Evidence

Physical objects and items related to the accident may be used to support your claims. If items are too large or cumbersome to transport to a courtroom (e.g., damaged vehicles after a car accident), then photos and videos of the objects may be used instead.

Records and Documentation

We may also use certain records or documentation to support your claims. Medical records may be used to prove your injuries. Police reports, while inadmissible in court, may lead us to admissible evidence found by the police.

You should also do your best to document information that might not be recorded elsewhere. For example, if the accident causes you significant emotional distress, maintaining a journal of your experiences may help us prove these claims for non-economic damages.

Testimony

People who were present when the accident happened or who have first-hand knowledge relevant to the case may testify as witnesses. Witness testimony may be incredibly powerful, especially when witnesses have clear memories of the accident and are confident in their testimony. The more people who can testify in your favor, the stronger your case may be.

FAQs About Personal Injury Claims in Gilbert, AZ

What is a Personal Injury Claim?

Personal injury claims involve legal claims for bodily harm caused by another. While many, if not most, cases stem from accidents and negligence, some plaintiffs sue for harm caused by intentional violence.

When Should I File a Personal Injury Lawsuit?

In Arizona, plaintiffs have 2 years from the date of their accident to file a lawsuit. You may need time to prepare your case before filing it, so it is best to contact an attorney for help as soon as possible.

Can I File an Insurance Claim for Personal Injuries?

Possibly. Depending on how your accident happened, it may be covered by insurance. For example, after a car accident, drivers may file third-party claims with the at-fault driver's liability coverage. Other policies, like your health insurance, may also provide coverage.

Do I Have to Go to Court to Get Financial Compensation for Personal Injuries?

Not necessarily. Some injured victims find that their damages are completely covered by insurance, and there is no need to pursue further legal action. Others might reach a private settlement with the defendant outside of court. However, you have the right to take your case to trial if necessary.

What Are Personal Injury Claims Worth?

Exactly what your claims are worth varies based on numerous factors around your case. Generally, more severe injuries tend to lead to greater damages and compensation. Factors like property damage and your ability to continue working after the accident are also important considerations.

How Do I Prove Personal Injury Claims?

Many personal injury cases are based on negligence. To prove the defendant's negligence, we must prove that they owed you a duty of care or safety and that they did something to breach this duty. Next, we must prove that the defendant's breach of their duty is the direct and proximate cause of your injuries. Finally, we must have proof of your injuries and damages.

Can I Still Sue if I am Somewhat to Blame for My Personal Injuries?

Yes. Even if you did something negligent to contribute to the accident or exacerbate your injuries, you may still be able to sue. However, your damages may be reduced according to your share of blame for the accident.

How Long Does a Personal Injury Lawsuit Last?

Personal injury cases are not known for being speedy. It could take at least several months to complete your case after it is filed. More complex or hotly disputed cases could last over a year.

Should I Hire a Lawyer for My Personal Injury Case?

Yes. An attorney can help you throughout your case from the moment you file the case to the very end of the trial. Lawsuits and insurance claims are highly complex and involve convoluted legal procedures. You need an experienced legal professional to steer your case.

Should I Call the Police After Being Injured in an Accident?

Yes. The police may investigate the accident and even arrest the person responsible if their actions constitute a criminal offense. They can also write a police report detailing their investigation, which may shed light on the evidence we need to prove your claims.

Contact Our Personal Injury Attorneys in Gilbert, AZ for Legal Support

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

Car Accident Lawyer in Gilbert, AZ

You might face numerous expenses after a bad car accident. Some crashes are so severe that injured drivers may face total financial collapse if they cannot get monetary compensation. Call an attorney as soon as possible to learn how you can get fair compensation for your accident.

You may have several legal options for compensation, including, but not limited to, insurance claims, lawsuits, and private settlements with the other driver. Your attorney can help you decide which options work best for you. Before you can receive compensation, we must gather evidence to prove the other driver's responsibility. We also need evidence of your damages, costs, and losses so you can get as much compensation as you deserve.

Start your case with a free, private legal review from our car accident lawyers by calling the Phoenix Accident and Injury Law Firm at (480) 428-0816.

How Can I Get Fair Monetary Compensation After a Car Accident?

Getting monetary compensation for a car accident is easier said than done. Before taking legal action, seek help from an experienced lawyer.

Insurance Claims

Drivers usually file insurance claims after an accident. All drivers must carry insurance by law, and you may need to file a third-party claim with the other driver's liability coverage. If our car accident lawyers can prove to their insurance company that they caused the accident, their insurance should cover your damages. However, insurance policies have limits, and severe accidents often exceed these limits, leaving injured drivers with unpaid damages.

Personal Injury Lawsuits

You may also choose to file a personal injury lawsuit to recover damages. Often, personal injury lawsuits allow injured drivers to claim damages that an insurance policy might not cover. Not only can you claim damages that exceed policy limits, but you may also claim things like pain and suffering that are often restricted from insurance claims.

Private Settlements

You may be able to work out an agreement with the defendant without setting foot inside a courtroom. A private settlement may allow you and the defendant to negotiate an amount of compensation that works for both parties privately. Once the court approves the settlement, it becomes legally binding.

How Do I Prove My Claims for Damages After a Car Accident in Gilbert, AZ?

How we prove your claims depends on the evidence we have and the legal strategies that work best for your specific situation.

Evidence

Sometimes, very strong cases are built on minimal evidence. We may search for photos and videos from the accident, witnesses who can testify about what they know, records of your injuries and expenses, and almost anything else that helps prove your claims.

Records of Costs

We need evidence that not only proves how the defendant caused the car accident but also proves what the accident cost you. This may include receipts and invoices for financial costs, medical bills, and proof of lost income, such as pay stubs and records of past earnings.

Testimony

Sometimes, physical evidence and important records are hard to come by or not enough to prove your claims. We may also use testimony from you and witnesses to support your case. Testimony may be stronger and more persuasive than you first think, especially when the witness has a clear recollection of the accident and is confident in their testimony.

FAQs About Car Accident Claims in Gilbert, AZ

Can I Sue for Injuries from a Car Accident?

Yes. If you were physically harmed in a car accident, you may file a personal injury lawsuit against those you believe are responsible. Beginning a lawsuit is not easy, and you should get help from a lawyer right away.

Should I File an Insurance Claim After a Vehicle Accident?

Yes. Insurance is usually the first legal option for drivers, as many would rather avoid a lawsuit if possible. Your attorney can help you determine how to file your claim and how to coordinate benefits between multiple policies if necessary.

When Do I Have to File My Car Accident Claims in Gilbert, AZ?

For insurance claims, your specific deadline may vary based on the insurance company's specific policies, and you should double-check your policy or the other driver's insurance policy. If you file a lawsuit, you must do so within two years of the date of the car accident.

What Evidence is Important in an Auto Accident Case?

Evidence may be unique in each case, and it may vary based on what is available in your specific accident. Evidence commonly includes photos and videos from the accident scene, testimony from witnesses, your own testimony, and medical records about your injuries.

How Do I Claim Damages for the Money I Lost Because of a Car Crash?

Car accidents are infamously expensive, and you may claim various economic damages. To do so, you may need evidence of your costs and expenses. Bills, invoices, credit card statements, bank records, and any other proof of costs may be important. If you are unsure of whether certain costs should be included, save receipts and records anyway.

How Do I Claim Damages for Pain and Suffering from a Car Accident in Gilbert, AZ?

Non-economic damages for pain, suffering, distress, and other painful experiences are inherently subjective, and we may need to find creative ways to convince a jury of your claims. It may be a good idea to keep a personal journal of your painful experiences. You should also consider speaking to a mental health professional.

Can I Testify About My Car Accident in Court?

Yes. You may testify in court about what you saw and experienced during and after your car accident. In many cases, there are few other witnesses, and the plaintiff's testimony may be a key piece of evidence in the case.

How Long Until I Receive Monetary Compensation for a Car Accident?

If your claims are successful, it may still be some time before you actually receive monetary compensation. Insurance companies may be a bit quicker, and you may receive the money in a few weeks. A lawsuit is more complex, and it may be a couple of months before you are actually paid any compensation.

What if the Other Driver in an Auto Accident is Uninsured?

If the other driver is uninsured, you may rely on your own insurance policies, like MedPay or uninsured motorist coverage. Alternatively, you can sue the other driver. Be warned, uninsured drivers often have difficulty paying for damages out of pocket, and you might have a hard time getting the money you are owed, even if you win your case.

How Do I Negotiate a Private Settlement for a Car Crash?

Your attorney should help you negotiate a settlement that adequately covers your damages. While you do not have to prove anything in court, you should have evidence of your claims and damages. The stronger your evidence, the more leverage you may have during negotiations.

Speak with Our Car Accident Attorneys in Gilbert, AZ to Get Legal Help

Start your case with a free, private legal review from our car accident lawyers by calling the Phoenix Accident and Injury Law Firm at (480) 428-0816.