Whether it happens in a high-speed car crash, through a sudden fall, or in any other kind of accident, a serious injury can derail both your personal and professional life for months and sometimes even years at a time. Fortunately, you have the right to demand civil compensation from anyone who causes you to get hurt in an accident through their own misconduct. However, you must be able to prove that “negligence” was the main and direct cause of the injury you sustained.
The process of demanding a settlement or filing suit over a traumatic accident can be a lot more complicated in practice than many people expect, and it can be next to impossible to get a good result if you fail to seek help from a knowledgeable legal professional. With a Gilbert personal injury lawyer by your side, you will have far better chances not just of achieving a favorable case outcome but also of getting every cent of the restitution you deserve. Contact the Phillips Law Group today to work with a trusted team that has been serving the local community for over 30 years.
When Can Someone File a Personal Injury Claim?
While there are some situations where a person or company may be “strictly liable” for an injury someone else sustained, the vast majority of personal injury lawsuits in Arizona are built around the legal theory of negligence. In a nutshell, “negligence” occurs when someone violates a “duty” they owed another person to act responsibly under specific circumstances, and that “breach of duty” directly results in an accident that likely could have been avoided altogether without that breach.
As a Gilbert personal injury attorney could explain, though, exactly what qualifies as a “breach of duty” can change substantially based on the type of accident someone allegedly caused and even what circumstances that accident occurred under—for instance, a driver swerving to avoid a falling tree branch is not acting irresponsibly in the same way as someone swerving because they are driving drunk.
Common Causes of Personal Injuries
Some of the most common types of personal injury claims our team handles include:
- Dog bites
- Slips and falls
- Workplace injuries
- Medical malpractice
- Nursing home abuse
- Pedestrian and bicycle accidents
- Car, truck, and motorcycle wrecks
- Negligent security and other premises liability issues
It is important to note that it is only possible to file a personal injury claim over an injury serious enough to require professional medical care of some kind, which is one big reason among many why seeking immediate medical attention after an accident can be key to both physical and financial recovery.
Getting Around Common Roadblocks to Recovery
Even if someone can prove negligence by someone else was the main cause of their accident, they may be prevented from recovering fully for their ensuing damages if they were also negligent in some way. As per Arizona Revised Statutes § 12-2505, anyone found to hold a percentage of “comparative fault” for causing or worsening their own personal injury may have whatever final damage award they receive reduced in proportion to that percentage.
Furthermore, A.R.S. § 12-542 generally limits personal injury victims to just two years after initially getting hurt to begin filing suit against anyone they believe is at fault for causing that injury. Building a comprehensive claim within this strictly enforced deadline can be extremely difficult without the support of a seasoned personal injury lawyer in Gilbert.
Speak With a Gilbert Personal Injury Attorney Today
Understanding your legal rights after a serious accident can be key not just to handling short-term expenses but potentially to preserving your best interests for years to come. That said, you are far from alone if the Arizona legal system seems completely incomprehensible to you, especially while you are still dealing with the physical and personal effects of a severe injury.
If you want to enforce your rights and get paid fairly for the harm you suffered by no fault of your own, you have help available from a Gilbert personal injury lawyer with decades of experience assisting people just like you. Call today for a consultation.
