A personal injury occurred when you suffered harm because another party failed to act or acted wrongfully. If proven that they are liable, they must compensate you for incurred losses according to the law in Arizona. Some victims fail to realize what makes their claim valid or invalid.
Before proceeding with yours, you have the right to consult a Phoenix personal injury lawyer from Ben Crump, PLLC. We handle a broad range of personal injury cases, tackling both insurance settlements and lawsuits. Get in touch at 800-959-1444
to better understand your legal options and recourse.
There Are Different Types of Personal Injury Cases
Personal injury claims are not limited to auto accidents alone. There are other situations where personal injury law applies, including:
Some accidents are also preventable. Whenever one happens, it is often due to another party’s negligence or recklessness. Typical examples of these are car crashes, slip-and-fall accidents, animal attacks, and medical malpractice incidents.
The resulting harm, such as physical injuries and mental trauma, can sometimes cause a financial burden to you, the victim.
If someone brought harm to you intentionally, in the case of assault or battery, know that personal injury rules also apply in that situation. It is a case in which the other party may face criminal charges on top of their civil liability for your injuries.
A product should not harm its end-users; if the contrary happens, it can be grounds for a personal injury claim. If eligible, you can recover financial losses stemming from the unfortunate incident.
Like intentional conduct, defamation uses false statements to harm one’s reputation purposefully. If the incident led to damages, it could fall under a personal injury claim.
For a free legal consultation with a personal injury lawyer serving Phoenix, call 800-730-1331
Negligence Is the Basis for Most Personal Injury Claims
Not every injured person is entitled to compensation under a personal injury claim—there must be legitimate grounds for it. A valid case must have both liability and damages, and as a victim, the burden of proof lies with you.
Liability refers to the party responsible for sustained harm, while damages pertain to injury-related losses, including medical bills, lost wages, and destroyed property. If you can prove both elements exist in your claim, you may receive compensation for what happened.
Negligence is the most common basis for liability in personal injury cases. Everyone has a duty of care or the responsibility to avoid putting others at risk. Take, for example, the case of car accidents. Drivers should always follow road rules and exercise care when driving. If they are negligent or reckless, say driving distractedly or going above the speed limit, they are liable for causing the collision and must pay you for the harm done.
Other examples of negligence as a legal basis include complications arising from a healthcare professional’s carelessness and fall-related injuries because of a premise owner’s neglect.
Besides negligence, there are other grounds for personal injury. Intentional wrongful conduct like assault, battery, false imprisonment, trespass, and infliction of emotional distress have a clear purpose of harming another party.
You can work with a Phoenix personal injury lawyer from Ben Crump, PLLC, to establish who is at fault for your case. With their years of experience, they know which law can apply to your situation. Reach out at 800-959-1444 to discuss details about your claim.
Phoenix Personal Injury Lawyer Near Me 800-730-1331
Arizona Has a Comparative Negligence Rule
In personal injury cases, the victim or injured party can collect compensatory damages. It often includes medical expenses and lost wages, but it can cover non-economic losses such as pain and suffering and loss of consortium. If the incident has left you unable to work, you may receive future wage earnings and other disability damages.
The compensation amount varies from case to case as it depends on multiple factors.
According to A.R.S. §12-2501, Arizona observes a comparative negligence rule for personal injury claims. It means that if you were partly at fault for the incident, you would not recover all of your losses. For instance, you were partially responsible for the auto accident and have contributed 20 percent to the unfortunate event. If total damages amounted to $10,000, you are only entitled to $8,000 because of your liability.
Liable parties will always find a way to reduce your compensation, whether you file a claim or take your case to court. You have the option to work with a Phoenix personal injury lawyer.
Working with a Personal Injury Lawyer
Some personal injury cases settle out of court, especially if the liable party has insurance for a covered event. Businesses have general liability insurance for slip-and-fall accidents on their premises, whereas vehicle owners have auto insurance policies in case of collisions and car crashes. When filing a claim, an insurance company will likely come into play.
An insurer may deny your claim or offer an amount that does not fairly compensate you. By working with a Phoenix personal injury lawyer, you can give yourself the time to focus on your personal health and recovery. They can help you collect relevant information to establish liability and calculate a reasonable settlement for your injuries. Should your case go to trial, they can provide representation and legal advice.
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Call Us Today for Legal Support
Whether you choose to file a claim or pursue litigation, the team at Ben Crump, PLLC can help you throughout the process. Work with one of their Phoenix personal injury lawyers to understand your next steps and seek the compensation that you deserve.
To get started right away, call 800-959-1444 for a no-obligation initial consultation.