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.