Phoenix Personal Injury Attorney
Handling Even The Most Complex Personal Injury Cases in Arizona
Personal Injury Law Firm Serving Phoenix, Arizona and the Surrounding Areas
Professional & Experienced Lawyer – Available 24/7
What Does a Personal Injury Attorney Do?
Personal injury law is a legal practice area that allows individuals who have been injured due to the negligence, recklessness, or intentional actions of others to seek financial compensation for the losses and damages they have faced as a result of their injury. As such, a personal injury attorney is a legal professional who specializes in representing injured clients in their personal injury claims.
Aside from aggressively advocating for their client, personal injury lawyers help injured victims navigate the often complex world of personal injury claims as well as handle all negotiation and litigation that comes with it. This includes negotiating with insurance companies for a fair settlement and potentially even fighting in court for maximum compensation through a personal injury lawsuit.
Other duties of a personal injury lawyer include conducting investigations, gathering evidence, filing court documents, calculating damages, and overall providing legal advice and representation throughout the duration of the case. The ultimate goal of a personal injury attorney is to ensure their client recovers fair compensation to cover medical expenses, lost wages, property damage, and any and all losses associated with the injury.
Is Arizona a Comparative Negligence State?
Yes, Arizona does follow the comparative negligence doctrine. The exact statute can be found under ARS 12-2505, which states:
“The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any. There is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death.”
What this means is that each party involved in an accident may be assigned a percentage of fault. If the injury victim is assigned a percentage of fault, the damages they are awarded will be reduced by that percentage. In other words, if the defendant (meaning the person a claimant is bringing the claim against) is not found to be 100% at fault, they will only have to pay for whatever percent they are found responsible for.
Here’s an example: Mike and Mary were involved in a car accident and Mary received injuries. Mary brings a personal injury claim against Mike, claiming he is responsible for her injuries. Mike raises the comparative negligence defense, claiming Mary held some responsibility for the accident. The case goes to trial and a jury finds that Mary was 25% responsible for her own injuries. Mike still has to pay Mary for damages, but only for the percentage of fault that he held, which in this case is 75%. So, if the damages totaled $100,000, Mary would only receive $75,000 of that under the comparative negligence doctrine.
Common Types of Personal Injury Cases
There are a seemingly infinite number of ways a person can sustain injuries from another’s negligence, from car accidents to medical malpractice to slip and fall accidents and more. At Belén Law Firm, we work with injured clients in all types of personal injury cases. Some of the more common types of claims we handle include:
Motor Vehicle Accidents
Auto accident cases are the most common types of personal injury cases in the United States and certainly the cases we handle most frequently here at Belén Law Firm. There are a number of causes of these types of accidents, including drunk driving, distracted driving, road rage, speeding, and other dangerous driving practices. There are also various types of cases that fall under the umbrella of a motor vehicle accident case. This includes:
- Car accidents
- Truck accidents
- Commercial vehicle accidents
- Motorcycle accidents
- Bus accidents
- Ridesharing accidents
- E-scooter accidents
Pedestrians may have the right-of-way, but that doesn’t mean they are immune to accidents. When a pedestrian is struck by a motor vehicle, this is considered to be a pedestrian accident. These accidents can occur when a person is walking, jogging, riding a bike, or simply standing (or sitting) still. Most often, these accidents occur at crosswalks when a motor vehicle driver is not paying attention to their surroundings. Whether the driver was texting, speeding, driving under the influence, or engaging in any other negligent or reckless behavior, they can be held liable for the often serious injuries that occur in a pedestrian accident.
Dog Bite Injuries
Under ARS 11-1025, “The owner of a dog that bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of its viciousness.” Dog bites often result in serious physical, emotional, and financial damages for a victim, but these cases can be complex. That’s why it is important that those who suffer dog bite injuries equip the help of a skilled Phoenix personal injury attorney to ensure they are properly compensated for their injuries.
Catastrophic injuries are personal injuries that cause extensive, long-term, or permanent damage. For example, traumatic brain injuries, spinal cord injuries, amputation injuries, and severe burn injuries may all be considered catastrophic. These types of injuries significantly impact the life of a victim and their families, often leading to a lifetime of physical, mental, and financial distress. These cases are often very emotionally-charged, as the victim’s suffering spans far beyond the accident itself. A personal injury lawyer can help make sure that catastrophic injury victims have the financial support they need to pay for things like medical bills and lost wages while also being appropriately compensated for the pain and suffering they’ve endured.
Every property owner, whether it’s a family friend or a government agency, has a legal responsibility to anyone who may come onto their property. This means they must keep their property safe and free of potential hazards. If a person suffers an injury on another person’s property and it is found that the property owner could and should have taken measures to prevent such an injury from occurring, a premises liability lawsuit may ensue. Common premises liability claims include slips and falls, swimming pool accidents, amusement park accidents, and electrocution injuries, to name a few. Dog bites or other animal attacks on a person’s property may also be considered a premises liability case.
Just as property owners have a legal duty of care to anyone who steps on their property, product creators have a responsibility to anyone who may purchase or use their product. Consumers have a reasonable expectation to assume the products they are purchasing will be safe to use as intended, but unfortunately, that’s not always the case. If a product causes harm to a consumer, anyone from the designers to the manufacturers to the sellers could be held liable in a product liability lawsuit.
Personal injury cases of all kinds can be traumatic and life-changing, but none so much as a wrongful death case. When a person sustains severe injuries that ultimately lead to their death or when they are killed immediately due to the negligence (or even intentional acts) of another, surviving family members may file a wrongful death lawsuit to recover damages such as burial and funeral expenses, loss of financial support, loss of companionship, and more. The Phoenix wrongful death attorneys at Belén Law Firm can’t take away your grief, but they can make sure the at-fault party is held accountable and that you and your family receive the compensation you deserve.
Types of Damages in Arizona Personal Injury Cases
When you’ve been injured in an accident, you deserve to be compensated for not only the physical trauma you’ve experienced, but the mental trauma as well. That’s why at Belén Law Firm, our Phoenix injury lawyers work tirelessly to ensure you receive maximum compensation for both economic and non-economic damages.
Economic damages account for losses that can be easily measured, such as:
- Medical bills
- Rehabilitation expenses
- Lost wages
- Lost earning capacity
- Property damage
Non-economic damages are not as easily measured. They include things like:
- Pain and suffering
- Mental distress
- Loss of consortium
- Loss of enjoyment of life
- Loss of guardianship
Punitive damages are reserved for cases wherein a defendant acted with extreme gross negligence or disregard for human life and are merely meant to punish the defendant rather than to compensate for any losses.
Why You Need a Phoenix Personal Injury Lawyer
If you have been injured in a personal injury accident in the Phoenix area, it is incredibly important that you equip the help of a skilled Phoenix personal injury law firm. There are many reasons for this. For one, insurance companies are notorious for minimizing the amount of compensation paid out to claimants, and they will no doubt try to undercut your claim. Personal injury attorneys are familiar with these tactics and will fight back against the insurance company on your behalf.
In a personal injury case, you want to make sure that every loss you’ve experienced is accounted for. Without a lawyer, you may not know the full extent of the damages you are entitled to. Personal injury attorneys will work to obtain all necessary medical records and conduct a thorough investigation into the accident in order to build and strengthen your claim, ensuring every angle is covered. This includes the long-term impact of your injuries and how they might affect your future. Overall, Phoenix personal injury attorneys like those at Belén Law Firm can help guide you through the whole process from start to finish, all while ensuring your rights are protected and you receive the maximum amount of compensation you are entitled to under the law.
How Long Do I Have To File a Personal Injury Claim in Arizona?
When filing a claim, personal injury victims must abide by what is known as the statute of limitations. Every state has a statute of limitations for personal injury claims – that is, a time frame for which an injury claim must be brought. In Arizona, that time frame is 2 years from either the date of the accident or the date you discovered the injury. Of course, there are some exceptions. A Phoenix personal injury lawyer can help make sure you understand the statute of limitations for your case and ensure your claim is brought within the appropriate amount of time.
If You’ve Been Injured Due to Another’s Negligence, Call the Phoenix Personal Injury Attorneys at Belén Law Firm Today
At Belén Law Firm, our Phoenix personal injury attorneys are dedicated to helping accident victims regain some sense of normalcy after experiencing injuries due to another’s negligent, reckless, or intentional acts. That starts with ensuring they have the financial means to pay for things like medical bills and time off work while they recover.
If you believe you have a personal injury case and would like to speak to one of our skilled Phoenix, AZ injury lawyers, call our law office at (602) 715-0908 or complete our online intake form today for a free consultation.