How to Tell if You Have a Personal Injury Claim

Have a Personal Injury Claim?

If you have been injured or lost a family member due to someone else’s carelessness, you are probably wondering whether you have a personal injury claim. To recover monetary compensation, you must prove the following.

Basic Requirements for a Personal Injury Claim

1. The responsible party was careless (negligent).
2. The negligence caused the personal injury.
3. The injury resulted in harm (compensatory damages).

Phoenix Personal Injury Attorneys Serving Accident Victims Throughout Arizona: Do I Have an Arizona Personal Injury Claim?

If you have been harmed in an accident — motor vehicle or otherwise — that was caused by another party’s negligence, recklessness, or intentional misconduct, then Arizona law may give you a right of action for damages against the defendant.  Pursuing a claim to its conclusion is not as straightforward as it initially seems.  Many would-be plaintiffs feel anxious about the prospect of litigation, perhaps even uncertain that they have a legitimate claim for damages that justifies a lawsuit. Despite any insecurities, it is always encouraged that an accident victim meet with Phoenix personal injury attorneys.

General Rules for Arizona Liability (and Exceptions) in Personal Injury Claims

Though personal injury disputes are quite diverse, there are some fundamental elements that are shared between most cases:

  1. The defendant must have owed a duty of care to the plaintiff; and
  2. The plaintiff must have suffered harm due to the defendant’s failure to meet that duty of care.

These do not tell the whole story, however.  In Arizona, the elements necessary for establishing liability in a personal injury case can vary significantly depending on the nature of the underlying dispute.

For clarity, let’s examine two possible liability scenarios arising from a single car accident event.

Scenario A

Suppose that you are injured in a car accident where the defendant-driver was driving while intoxicated.  You could ostensibly bring an action against the defendant for damages due to the fact that the defendant-driver recklessly endangered you and others on the roadway by driving while intoxicated, and their misconduct caused you to sustain injuries. This claim would be a standard accident or personal injury lawsuit.

Scenario B

Suppose that you are injured in a single car accident in which your airbag suddenly and spontaneously deployed while you were operating the vehicle on a freeway.  You investigate the accident and discover that your airbag malfunctioned due to a design defect in its release mechanism.  You could bring a lawsuit against the airbag manufacturer for damages under strict liability principles (i.e., you do not have to prove that the manufacturer committed negligence, acted recklessly, or caused intentional harm).  All you have to do is show that the manufacturer created a defective airbag that caused you to sustain injuries. Though this is also a personal injury lawsuit, this falls under the umbrella of products liability.

Pursuing Litigation — the Value of Skilled Phoenix Injury Attorneys

Personal Injury Lawyer, Phoenix Personal Injury Lawyer, Jack Hirsch Injury Attorney, Arizona 85014
Phoenix Personal Injury Lawyer, Jack Hirsch Injury Attorney, Arizona 85014

If you are considering litigation, then consulting with an attorney is a critical next step in securing the compensation you deserve.  Skilled attorneys provide comprehensive legal services that include, but are not necessarily limited, to the following:

  • Claim evaluation and case strategy development
  • Identifying and securing witnesses (eyewitnesses and expert witnesses)
  • Gathering evidence (i.e., documents, photographs, etc.)
  • Negotiating with opposing counsel
  • Navigating pre-trial, trial, and post-trial procedures
  • Arguing the case persuasively before the court
  • And more

During the meeting, Phoenix injury attorneys will take the time to understand the basic issues in your case and will evaluate whether you have an actionable claim for damages.  This is important — if you attempt to evaluate the legitimacy of your claim without the assistance of a qualified attorney, then you may not realize that your claim is worth litigating.  The insight gained from decades of legal representation gives us the tools necessary to more accurately assess a client’s prospective claims.

How Do Contingency Fees Work for Phoenix Injury Attorneys?

Contingency fees create a positive dynamic for the plaintiff in personal injury litigation.  Simply put, contingency fees motivate the attorney not only to secure a “win” (as that is the only way an attorney working on contingency can be paid), but also to maximize the potential damages so that the contingency fee is more substantial.  Further, the case will be resolved efficiently, to the degree that doing so is possible — the longer that a case takes to resolve, the less profitable it is for the attorney.

This dynamic ensures that a plaintiff can litigate their claims without taking on an additional financial burden, and that the services rendered by their Phoenix injury attorney are performed efficiently and effectively under the circumstances.

How to Prepare for Your Meeting With Phoenix Injury Attorneys

Whether you browse the internet for a law firm or contact an injury attorney who has helped a family member or friend, a first meeting with a personal injury lawyer generally follows the same procedure and questions asked. The infographic and PDF’s below were designed to help you prepare for your first meeting with an Arizona accident lawyer.

The 5 Steps for Resolving a Personal Injury Claim

Damages and Evidence Checklist 
Lost Wages

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