Personal Injury Lawsuit FAQs

Without reviewing the specific details of your accident and injury, it is impossible to say with certainty whether you have a case or not. This is because every case is unique and the details about who could be at fault for your injury will vary.

In general, a personal injury lawsuit can be filed by individuals who have suffered an injury because of the intentional or negligent acts of another person or entity. Intentional actions are easy to identify, as they include situations where someone intended to cause you harm on purpose. Negligent actions, however, are more complicated to identify.

Negligence occurs when someone acts unreasonably or in a way that someone in a similar situation would not have acted. For example, negligence could include:

• A motorist speeding, running a red light, or failing to yield the right of way, causing a car accident.
• A property owner who failed to clean up a slippery floor or fix a broken handrail, causing a person to slip or trip and fall.
• A medical professional who failed to diagnose an illness or prescribed the wrong medication to a patient, causing him or her harm.

There are many situations that will warrant a personal injury case, and scheduling a free consultation with a Phoenix personal injury lawyer from Phillips Law Group is your best starting point for determining if you have a case.

When deciding if you should handle your personal injury claim on your own or hire an experienced lawyer, there are several things you should consider:

• The insurance company is not on your side. No matter the cause of your accident, you will likely be dealing with an insurance company whose only interest is in paying as little as possible for your claim. Although it is tempting to accept the first settlement offer so you can resolve the issue and move on with your life, it is likely that the first offer will not cover the full costs of your injuries. An attorney will be able to gather the evidence necessary to help you get compensation for the full value of your claim.
• You need an advocate on your side. When going up against an insurance company or the attorneys for the at-fault party, you need someone who is experienced in handling these types of complex situations. An attorney will ensure you are not taken advantage of and that your interests are represented during negotiations.
• An attorney will not settle for less than you deserve. Insurance companies and defense attorneys can be difficult to work with and may not be willing to pay the compensation you need. Knowing that you have a lawyer on your side who is willing to take a case all the way to court to obtain fair compensation will make the other side more willing to make a more reasonable offer right from the beginning.

There are many important advantages to hiring a lawyer to handle your personal injury claim. To learn more about how we can specifically help with your claim, schedule a free, no-obligation consultation today.

The sooner you hire a personal injury lawyer to handle your case, the better. There are strict deadlines known as statutes of limitations that state how long you have to file a lawsuit. If you miss the deadline that applies to your case, you will lose your opportunity to file a lawsuit to recover the compensation you need.

By hiring a lawyer immediately after suffering an injury, you help ensure there is enough time for the full legal process to play out if needed. Not every injury claim will require a lawsuit, but it is always best to keep that option available in the event the insurance company or at-fault party is not willing to offer fair compensation.

From the moment we take your case, our attorneys will get to work handling the details of your case, including communicating with the insurance company, investigating and building your case, and filing all of the paperwork for a lawsuit, if necessary.

It is impossible to know the value of your case without carefully reviewing the details of your injuries and the incident that caused them. Depending on these details, it may be possible for you to recover compensation for your:

In many cases, an injury victim may not be aware of the full range of a recovery that can be made, and in most situations, the insurance company will not take into account all of the ways your injuries affect your life.

Because of this, you should be hesitant to trust the valuation the insurance company provides for your claim. You should instead consult a trusted attorney who will leave no stone unturned in identifying all of the compensation you may be entitled to. We are dedicated to doing what is in your best interest and will thoroughly investigate your claim to determine the full and fair value of your claim.

Insurance companies do not have your best interests in mind. They are only interested in resolving your claim as quickly as possible and for as little as possible. Because of this, you should never rush to accept an insurance company’s settlement offer until you have reviewed all of your legal options.

The insurance company will likely use any tactic it can to pay your claim as soon as possible after your accident. However, this usually means you are still hurting from your injury and do not know the full extent of your damages yet. Some injuries take time to develop and others will require ongoing medical care. It is impossible to know the true value of your claim just a few days or weeks after suffering an injury.

By contacting an attorney before accepting an insurance settlement, you are protecting yourself from accepting a settlement that is too low and does not provide you with the compensation you need to cover the true cost of your injuries now and in the future. You only receive one settlement, and an attorney can help make sure that one settlement covers all of your damages.

Arizona is known as a “strict liability” state when it comes to dog bite claims. That means victims of dog bites or attacks do not need to provide evidence their injuries resulted from the dog owner’s negligence, such as a failure to keep the dog on a leash or put a fence around the house. Victims only need to prove:

• They suffered an injury from the dog bite
• The bite happened while they had a legal right to be on the premises

In a “one bite” state, victims who file injury claims must prove the dog that attacked them had already bit or attacked someone else and the owner knew or should have known the dog was dangerous. Victims also need to show the attack resulted from the owner’s negligence.

Dog owners often rely on their homeowner’s insurance policies to provide compensation when their pets attack or bite people. Unfortunately, many dog owners have a rude awakening when victims file claims and the insurance company refuses to provide coverage.

Sometimes there is a legitimate reason for the denial of coverage. The owner may have a dog of a breed specifically excluded from coverage because of the perception the breed is dangerous. Examples of breeds perceived to be dangerous include pit bulls, Rottweilers, and Dobermans.

Sometimes dog owners fail to check if the type of dog they have is excluded from coverage, or they have a brief conversation with a representative from the insurance company who says dog bites are covered without bothering to check the fine print of the owner’s insurance policy.

However, other times dog owners may have no idea what the reason is for denial of coverage, or the insurance company may provide a reason that is unclear. When this happens, it is important to seek qualified legal representation.

The Phoenix personal injury lawyers at Phillips Law Group help policyholders who are struggling to obtain coverage from an insurance policy. You can call today to schedule a free legal consultation. (602) 222-2222

A licensed attorney may be able to represent your interests in court and build a case against the insurance company.

This is a complicated question to answer. Generally, it is very difficult for trespassers to hold a dog owner liable for a dog attack. Trespassers do not have a legal right to be on the property, and that is one of the elements victims must prove to have a valid claim for compensation.

However, if the trespasser is a child, things can be more complicated. Generally, children do not have good judgment about when a situation may be dangerous, compared to adults. Property owners may need to take extra precautions to prevent children from trespassing. Extra precautions might include putting up a fence, for example.

If a property owner repeatedly warns children about staying out of the yard because of the dog, and the owner can prove he or she did this, it may be difficult for the child or his or her parents to hold the owner liable.

However, each situation is unique and involves various factors. It is important to discuss the situation with a licensed attorney.

Victims of slip and fall accidents in stores may be able to pursue compensation for damages from the accident. Generally, slip-and-fall victims or their attorneys must establish certain things to prove they have a valid case against a property owner, such as the owner of a store:

• The owner knew about the hazard that caused the accident
• The owner did not take reasonable steps to fix the problem or provide a warning to visitors to help prevent them from suffering an injury

The definition of “reasonable steps” depends on many factors, such as the victim’s legal status while he or she was on the property. Patrons of a store are generally considered invitees, and property owners have a duty to use reasonable care to inspect and maintain their property on a regular basis, so it is safe for visitors.

Retail stores often have insurance policies that pay for damages from accidents. It is important for victims to notify the store owner or manager about their accident so a report can be filed, and the insurance company can be notified.

Yes, this could be a very important factor in a slip-and-fall case. If the victim can provide evidence, such as testimony from the person who provided the warning, it could be a strong argument in favor of the store being held liable for damages.

Property owners are often held liable for slip and fall injuries when victims can prove the owners were aware or should have been aware of a hazard and failed to act to fix the problem.

The defendant in a slip and fall case often tries to prove he or she did not know about the hazard and could not have been expected to know. That is why attorneys often look for evidence proving the owner was aware.