Our Phoenix personal injury attorneys will handle a wide variety of cases over the years. Personal injury law allows the plaintiff to collect financial compensation whenever they are hurt as a result of another person’s negligent or careless (and sometimes intentional) behavior, so there are numerous circumstances that can ultimately lead to liability. Some situations pop up more frequently than others.
Personal injury in the form of medical malpractice occurs when a healthcare professional or establishment does not give competent care or does so in a reckless manner, and it leads to a patient suffering a needless injury, sickness, or death. “Malpractice by commission” includes cases where medical professionals knowingly do something that leads to the injury, while “malpractice by omission” means that same professional did not take proper steps to care for the patient. Mistaken treatments, improper diagnoses, and lack of informed consent are all situations that can ultimately lead to a medical malpractice lawsuit.
This is possibly the most common form of personal injury liability case seen in the United States. Car accidents usually happen because someone failed to follow the rules of the road, or they simply were not paying attention. Other times, an accident is caused because a driver is being intentionally careless about the safety of everyone else. These individuals can often be held liable for injuries and financial losses that result from a collision. There are exceptions in no-fault states, where drivers can only collect from insurers unless there is serious injury involved, but Arizona is not one of those states. More often than not, a car accident will result in a personal injury liability court case.
Defamation: Slander and Libel
Better known as defamation of character, this type of case comes to court when a person suffers injury to his or her reputation because of another’s false assertions. How defamation is to be proven depends on the plaintiff’s public standing within the community as well as where and how the statement was made. Most people only need to prove what was said and that it resulted in some type of financial loss. On the other hand, those with celebrity status or higher standing have to prove “actual malice,” meaning the statement was made with reckless disregard to its falsehood.
Slip and Fall
Slip and fall cases are also very common cases seen by personal injury attorneys. Property owners – and sometimes, renters – are legally required to keep the location in a reasonably safe manner to avoid injury to themselves or anyone else. When someone is hurt on that property due to their failure to maintain this standard, they can sometimes be held accountable. Not all injuries will lead to liability, of course, as it largely depends on the exact facts of the case as well as local and state laws regarding premises liability.
Assault, Battery, and Other Intentional Torts
Rather than negligent or careless behavior, assault and battery cases are based on one person’s intent to cause harm to another. These types of situations almost always involve criminal charges alongside the personal injury lawsuit in civil court. On the civil end of things, the injured party can seek compensation for the injuries they sustained as a result of the attack.
Most of the time, dog owners are responsible for any injuries their dog has caused. Laws on this matter vary by location, but sometimes the owner can be held accountable even if the dog has never shown any previous signs of aggression. Other cases impose liability as soon as owners become aware that their dog is prone to biting.
If you find yourself in need of a personal injury attorney, please consider reaching out to our law offices to schedule an initial consultation.