Phoenix Personal Injury Lawyers

What is Personal Injury Law and How Does it Affect You?

Every state has both a criminal and civil court system designed to uphold justice. Under Arizona’s civil court system, statutes are in place that define personal injury laws.

In general, Arizona personal injury law states that an injured person can seek out a civil claim against another party for compensation for their damages when the following elements are present in the case:

• The other party had a legal duty to provide for your care.
• The other party failed to uphold their duty of care.
• The breach of duty of care directly led to the accident.
• The accident led to injuries and losses.

These laws and statutes will impact you if you get into an accident that results in injuries in Phoenix. If someone else had a legal duty to provide for your care and failed to do so, then your next move should be to get in touch with an injury lawyer in Phoenix. They’ll help you determine if you have the basis to file a compensation claim.

If so, then you can potentially recover financial compensation for damages like medical expenses, lost wages, and more.

Types of Personal Injury Cases We Handle in Arizona

In order to seek a claim for a personal injury accident, a legal duty of care must exist between you and the other party. Proving negligence and liability in accidents is a crucial part of your claim. It’s important for you to talk about what happened with an attorney because a legal duty of care may be established automatically under the law depending on the circumstances. Below, we’ll go over a few of the most common types of personal injury cases that might result in a legal claim for compensation.

Motor Vehicle Accidents

Some of the most common types of accidents that can lead to a personal injury claim are truck, motorcycle, and car accident claims. When anyone gets behind the wheel of a vehicle, they automatically assume a legal duty of care towards everyone else on the road. If a driver fails to uphold their duty of care by driving poorly or recklessly, then they can be held legally responsible for any losses that result from the crash.

If you experience a motor vehicle collision that leads to injuries or losses, then it’s a good idea to talk to an accident lawyer in Phoenix as soon as you can.

While a legal duty of care is established automatically, you’ll still need to prove who caused the accident and the extent of your injuries. The sooner the car accident investigation starts, the more likely you are to secure the maximum possible compensation. Our team here at Kermani LLP has extensive experience handling all types of motor vehicle accidents, so we’re confident we can help with your Phoenix accident case.

Pedestrian Accidents

Another type of incident that could lead to a personal injury claim is a pedestrian accident. When a motor vehicle hits a pedestrian, the losses are often substantial. In general, the more substantial the losses are, the more complex your claim will be.

Unfortunately, many pedestrian accidents are also hit-and-run collisions. When a driver speeds off, it can increase the severity of the pedestrian’s injuries since treatment is delayed and the pedestrian may not even be able to call for help. This can further complicate your case since you’ll also need to find evidence to prove who committed the hit-and-run. In these situations, the police are your primary resource.

Our personal injury lawyers can help you determine your options if you were recently harmed in a pedestrian crash.

Hidden Camera Cases

Another situation that could lead to a personal injury case is a hidden camera incident. If you suffer injuries to your reputation as a result of footage leaking from a hidden camera, then you can hold the camera owner liable for releasing that video to the public.

Workplace Accidents

Another type of incident that could result in a personal injury lawsuit is a workplace accident. In many cases, a workplace accident will be resolved through worker’s compensation insurance policies, but sometimes, workers have more complicated cases that require more compensation or accountability from the responsible party.

In one of our most substantial cases, our attorneys secured a $51.3 million settlement after a construction worker was electrocuted on a job site. The injury was a result of a failure of the corporation to follow proper safety protocols.

Severe Injuries (Burns, Brain Injuries, Spinal Cord Injuries)

When your accident leads to severe injuries like burns, TBIs, or spinal cord injuries, you should rely on the expertise of an experienced personal injury lawyer in Phoenix, AZ.

Cases that result in substantial injuries require specialized representation. A qualified attorney will know what long-term losses you’ll need to consider before filing your official claim. The right attorney will also know where to contact medical experts who can testify about the seriousness of your injuries.

It's important for you to focus on your physical recovery. Let our team of lawyers here at Kermani LLP help you get the compensation you need to move forward. In one case we handled, we helped our client receive a $1.2 million settlement after a UPS truck collided into them and caused injuries requiring epidural injections.

Wrongful Death

When someone else’s negligence causes your loved one to lose their life, the situation is extremely tragic. Here at Kermani LLP, our team of empathetic wrongful death attorneys understand the gravity of the situation, and we’re prepared to aggressively fight for your family.

Our team was able to secure the largest child wrongful death settlement in Georgia history when a minor was fatally wounded at a major retailer’s place of business. We won over $7.5 million for the victim’s family.

What Compensation Can You Get for Your Personal Injury in Arizona?

After your accident situation, the first thing you should do is report the situation to the proper authorities. Once you’ve done so, you need to get medical attention. As soon as you receive medical care, you’ll start incurring expenses as a result of your accident.

A Phoenix, AZ personal injury attorney can help you start to navigate these losses and seek out compensation for them through a personal injury claim. In general, you’ll be able to receive compensatory damages in the form of economic and non-economic damages. In rare situations, you might be able to also collect punitive damages.

Economic Compensatory Damages

Economic damages are the losses you incur as a result of your accident that are easily verifiable with an actual financial cost. Some of the most common types of financial compensatory damages include:

• Medical expenses;
• Estimated future medical costs;
• Lost wages;
• Property damage;
• A loss of earning capacity;
• Expenses associated with household or childcare services incurred due to being unable to fulfill your typical household duties;
• Expenses associated with rehabilitation, rehab, or physical therapy;
• The costs associated with mental therapy.

Compensatory damages are designed to reimburse you for everything you lost due to the accident. Calculating your economic losses will be fairly simple. You’ll want to collect all the documentation that outlines how much you paid and add it all up to determine how much you should pursue.

Non-Economic Compensatory Damages

Non-economic compensatory damages are also designed to help restore you in full back to the position you were in prior to the crash. That said, there are many forms of damages you might incur that don’t have a price tag. For instance, pain and suffering damages are awarded when you’ve endured mental or emotional distress due to the accident, but this type of loss isn’t easy to value. You won’t be able to produce any documentation to show the “value” of what you’ve lost. Reaching out to an attorney can help you properly value your non-economic losses.

Punitive Damages

Another form of compensation you may be able to recover comes in the form of punitive damages. This award isn’t meant to compensate you for your losses. Instead, it’s designed to financially penalize the negligent party and hopefully encourage them to act with more caution in the future. Punitive damages are typically only awarded in rare cases where the offender is unlikely to change their behavior otherwise. Punitive damages are most appropriate when the other party was extremely negligent, doesn’t show remorse, or is likely to continue with the offending behavior without an additional penalty.

The Personal Injury Claim Process in Phoenix: What to Expect

After you’ve been hurt by someone else and you know your rights, it’s common to think that the process of filing your claim and getting your compensation will be straightforward. Unfortunately, that’s not usually the case, as the other party has an incentive to fight your claims, and you’ll need to put in some effort to compile solid evidence.

You’ll need to have a basic understanding of Arizona court rules of civil procedure, and you’ll need to collect all the documentation and proof you’ll need to be successful in court or negotiations.

Since most of us aren’t legal experts, hiring legal representation for accident victims is usually your best option. Below, we’ll go over the typical process you’ll go through when filing a claim.

Your Initial Consultation

Your first step is to schedule a free Phoenix accident attorney consultation. This consultation will allow you to discuss the specifics of your accident and injuries with a qualified lawyer. The right attorney will listen to your story and look for signs of negligence. Based on the details you provide, your lawyer will make an initial determination as to whether they think you have the basis to pursue a successful claim or not.

Hiring an Attorney and Investigating What Happened

If the attorney thinks you could have a solid case, then your next step would be to officially hire the lawyer. Once you do, your attorney will get to work on investigating what happened. They’ll reach out to local authorities or independent investigators to determine who caused your accident and who should be held responsible.

Collecting All the Evidence You Need and Filing Your Claim

From there, your lawyer will start gathering up evidence like your accident report, medical bills, eyewitness testimony, video footage, and more. Your attorney will want extensive documentation that proves your level of damages as well as who caused the incident. In general, the stronger your evidence is, the more likely your claim is to be a success.

Negotiation Phase

Next, your attorney will present your case to the other party and negotiations will begin. Most cases are resolved during the negotiation process. You and the other party will debate over a reasonable settlement award based on what happened, and your lawyer will be the primary person in contact with the other side.

Will Your Case Go to Court?

If the other party refuses to provide reasonable accident injury compensation, then your lawyer may decide to take your case to court. In general, both parties would prefer not to go to court, since it’s time-consuming and costly. Despite that, it might be your best option if the other party isn’t negotiating reasonably or offering you a fair settlement.

Common Injuries in Personal Injury Cases

Personal injury claims can result in a whole host of injuries that range in severity from bruises and scratches to severe traumatic brain injuries. 

Typically, smaller claims revolve around short-term injuries like broken bones, fractures, and similar injuries. Bigger claims tackle serious injuries with lasting impacts like permanent scarring, the loss of limbs, paralysis, spinal cord injuries, serious burns, and more.

When Should You Hire a Personal Injury Lawyer in Phoenix?

In general, you should reach out to an Arizona personal injury attorney if you were involved in an accident, suffered losses, and think that another party is partially to blame or could be partially held responsible for the incident. An Arizona personal injury law firm will consider all the details and use their best judgment to determine if you have the basis for a solid case or not. If your attorney thinks you have a good chance at succeeding in a personal injury claim, then it’s a good time to hire a lawyer. While you can handle everything on your own, you’re more likely to reach a higher settlement if you have representation.

Can You Recover Compensation if You’re Partially at Fault?

Yes, comparative negligence in Arizona means that a person can file for compensation even if they’re partially at fault. An Arizona jury will assign each party a percentage of fault, and each party will be financially responsible for that percentage of the losses associated with the crash.

Statute of Limitations for Personal Injury Claims in Arizona

In Arizona, you have up to two years from the date of your accident or injury to file a personal injury claim. There are only a few rare exceptions to this rule including if you were injured as a minor or if your injuries were not reasonably discovered until later.

Why Kermani LLP Stands Out for Personal Injury Victims

Our Arizona injury law group is made up of some of the state’s most compassionate and dedicated lawyers. If you’re looking for the top personal injury attorneys in Phoenix, then look no further than our past results to see for yourself the type of results we might be able to deliver for you depending on your circumstances.

You won’t need to rely on discount legal fees for injuries because we won’t charge you until after you win your case and receive your settlement check. We will go above and beyond to help you, including even providing in-house litigation services when necessary.

Contact Phoenix Personal Injury Lawyers Today

A quality Phoenix personal injury attorney will be your best legal advocate throughout the process of your claim. From the beginning, they should provide you with all the information you need to make solid legal decisions that secure your best interests. Throughout the process, they should be your biggest support.

Your lawyer should help you investigate the accident, secure the right evidence, compile a solid claim, and negotiate with the other party. If your case does go to trial, then your lawyer should be prepared to aggressively fight for you in court.

Here at Kermani LLP, our team of experienced and quality personal injury attorneys want to help you ensure justice is served in your situation. Schedule a free case evaluation with us now to discuss your potential claim in more detail with our team.