The legal definition of negligence is the failure on someone’s part to use reasonable care that results in harm to someone else or damage to property. There are really two different forms. The first is when a person does something that a reasonable person wouldn’t do that causes harm. The other is when a person fails to do something that a reasonable person would do in order to prevent harm or damage. Both forms can result in a personal injury lawsuit against the person responsible. Here’s some more info on negligence.

The most common forms of negligence arise in car accidents or “slip and fall” cases. Regardless of how the accident occurred, there are key elements common to all negligence cases that must be proven:

  1. The defendant owed a duty to the plaintiff or the general public
  2. The defendant breached that duty
  3. The defendant’s breach was the cause of the injury to the plaintiff
  4. A reasonable person could foresee the injury happening
  5. There’s enough substantial damage to file a claim

injured patientYou are entitled to compensation if you’ve suffered due to negligent behavior. What you can recover depends on the kinds of damages you’ve suffered. Here are the common types of damages involved in a negligence case:

  • Medical expenses (both current and future)
  • Lost wages
  • Lost earning capacity – Especially in the event that you’re permanently disabled as a result of the injury, if your ability to earn money in the future is impaired or diminished, you can recover damages
  • Loss of consortium – This is where you’re compensated for how your relationships have suffered as a result of your injury
  • Pain and suffering – When placing a monetary value on pain, the courts consider the nature of the injury, the certainty and severity of future pain and how long the pain is likely to last
  • Loss of enjoyment of life – Often included under pain and suffering, this means that the plaintiff has a diminished ability to enjoy the day-to-day pleasures of life

Arizona state law has time limits on filing negligence cases. If you’ve sustained an injury due to negligence, it’s important to speak to an experienced personal injury attorney as soon as possible. Call Schenk Podoslky for a free consultation about your case.

If you’ve been in a car accident, you know how difficult it can be make sure you take all of the necessary steps to protect yourself financially. This is especially true when you’re in a state of mild shock immediately after the accident. Along with any emergency medical needs, police reports and dealings with insurance companies, an accident affects you in another important way, especially when you want to sell or trade your vehicle in later.

As a result of the accident, the value of your car is now permanently lowered, even if all repairs have been made and there’s no evidence that an accident took place. Your vehicle has suffered what’s called diminished value. This is the difference between the market value of your vehicle before the accident occurred and its value afterwards.

Even if there is no remaining visible signs of damage, any vehicle history report attached to the Vehicle Identification Number (VIN) will reveal an insurance claim, evidence that it was involved in an accident. In fact, Arizona law requires both dealers and private sellers to disclose all prior damage to a vehicle when selling it. This also applies when you use your vehicle as a trade-in. As a result, the sale price or trade-in value will be lower.

Insurance Claims for Diminished Value

diminished valueIt is the duty of the insurance provider to restore the vehicle owner back to the position they were in before an accident occurs. That means you can recover diminished value as part of your insurance claim. The most effective way to obtain compensation for Diminished Value is to hire an expert to prepare a Diminished Value Report. This report must include the methodology used to determine Diminished Value and a recognized authority that supports the assessment.


If you’ve been in an accident that was the other driver’s fault, you are entitled to compensation, which may include the diminished value of your vehicle. An experienced lawyer can help you with the procedures required to recover all of your losses, including the diminished value of your vehicle. If you’ve been in an auto accident, give us a call today.

Especially when you’re critically injured, the time immediately following an accident can be a stressful one. It’s important to focus first and foremost on your own physical recovery. After that, you may be entitled to damages if the accident was someone else’s fault. Here’s some more information on how injury cases typically work.

Night AmbulanceIn regards to a vehicle or motorcycle accident, the two most important factors are who was liable for the accident and the damages, both to your physical health and to your property. In regards to liability, Arizona is an “at-fault” state, meaning that the driver who is at fault in the event of an accident is liable for all injuries and damages that occurred as a result. In that case, the at-fault driver’s insurance company is required to compensate you.

The other side of the case is determine exactly how much damage the accident caused and how to put a dollar amount on those damages. There are basically two types of damages involved in an injury case, those that are capable of exact calculation (such as repair costs to a motorcycle), and those that are not capable of exact calculation (such as pain and suffering).

Some injuries are also so severe and permanently debilitating that you can be entitled to lost future earnings in your case. There are other types of damages that can be collected as well of which the majority of people are unaware, such as diminished value of your vehicle. That’s why it’s important to talk to experienced professionals who are familiar with the laws and processes associated with filing a personal injury claim. If you have been injured in a car or motorcycle accident, call for a free consultation to find out the best ways to recover all of the damages to which you’re entitled.

If you’ve been seriously injured in an accident and you believe that someone else’s negligence caused the accident, you could be entitled to compensation. The process of filing a claim, however, is fairly complex, and you’ll need the help of a professional personal injury lawyer. In these cases, time is of the essence. In order to be better prepared for your first meeting, we’ve prepared a checklist of what you’ll need when come in for your first consultation.

____ Name and address of the ambulance service you used
____ Name and address of the emergency room where you were treated
____ Dates you were admitted to the emergency room and the hospital
____ Names and business address of all doctors who have examined you
____ Names and addresses of any chiropractors you have consulted
____ Names of all people who were involved in the accident
____ Names and addresses of witnesses to the accident
____ Dates you missed work because of the accident
____ Name and telephone number of every insurance adjuster with whom you spoke
____ Names of people you have talked to about the accident or your injuries

____ Accident report from the police department
____ Copies of any written statements you or the defendant made
____ If injured in a car accident, your vehicle insurance policy along with the “declarations” page or “coverage certificate.”
____ Your homeowner’s or renter’s insurance policy, along with the declarations page or coverage certificate
____ Medical or disability insurance policy
____ Other policies, including major medical, hospitalization, veterans insurance
____ All correspondence you have received from any insurer about the accident or your injuries
____ All medical bills related to the injury
____ Receipts for items you have had to buy because of your injury
____ Receipts for property you had to get repaired because of the accident

injured foot Recovering from an accident both physically and financially can present several challenges. It’s important to make sure that you are compensated for any damages you incurred as quickly as possible. If you’ve been injured as a result of someone else’s negligence, call Schenk Podolsky, your personal injury lawyers, today for a free case consultation.