Personal Injury Lawyers
Personal injury law is the area of law that protects individuals that suffered injuries due to someone’s negligence, whether that injury is physical, emotional, or even financial. In the scope of personal injury law, negligence is described as careless or unintentional harm.
When a person’s or third party’s action or inaction causes an accident or leads to injuries, you can file a personal injury lawsuit to recover compensation for the damages you sustained. These damages can be both economic and non-economic losses as a result of injuries.
Personal injury law aims to allow you, as the victim, an avenue of recovery. If you were injured because of someone’s negligence or wrongful behavior, you shouldn’t have to deal with the financial, emotional, or physical consequences.
Personal law covers a wide area of incidents, including:
- Slip and Fall and Trip and Fall Accidents
- Motor Vehicle Accidents
- Defective Products
- Wrongful Death
- Dog Bite
- and more
Do I file a personal injury claim or lawsuit?
The first step is going to be choosing between filing a personal injury claim or lawsuit. Understanding the difference between claims and lawsuits is essential.
Personal Injury Claim
A personal injury claim is between you and the at-fault parties insurance company. You will file a claim before any lawsuit is considered.
During the claims process, there are a series of negotiations between our lawyers and the insurance company. The goal of these negotiations is to hopefully agree upon a compromised settlement where you, the victim, are satisfied with the compensation.
To prevail in a personal injury claim, the victim needs to prove the following:
- That another person or party owed the victim duty of care
- The duty was breached
- That an injury occurred or some damage was incurred as a result of the breach of duty of care
- The victim sustained measurable damages, either economic or non-economic
Personal Injury Lawsuit
A lawsuit is filed when the negotiations break down and a settlement cannot be reached.
Negotiations may break down because the insurance company’s claims adjuster does not agree with the severity of injuries, denies their insured party was at fault or doesn’t agree with the compensation you are requesting.
Who can file a personal injury claim?
The injured victim can file a personal injury claim to recover compensation for the sustained physical and emotional losses. Furthermore, the victim might also be eligible to recover compensation for property damages. Suppose the negligence of another person or third party resulted in the death of the victim. In that case, the victim’s family members can file a wrongful death claim on behalf of the deceased.
Both personal injury and wrongful death cases can be complicated. You should contact our experienced personal injury lawyers from Schenk Podolsky. Our attorneys will explain how Arizona personal injury law relates to your case. They will help you understand how to deal with the at-fault party’s insurance company so that you protect your claim and right to recovery.
A personal injury claim can help the victim recover compensation for:
- Lost wages if the injuries prevented him/her to work
- Property damages
- Medical expenses
- Permanent disability
- Emotional trauma
Have you been involved in a serious car accident?
It’s critical to seek out the services of a professional attorney immediately. Contact us today!
What type of personal injury claims can we help you with?
Schenk Podolsky has extensive knowledge and experience in handling personal injury claims involving:
- Car Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Trucking Accidents
- Slip and Fall Accidents
- Wrongful Death
- Dog Bites
- Defective Products
What to do if you get injured in an accident?
If you sustained severe injuries in an accident, you will require extensive medical treatment, ongoing care, and even rehabilitation. The first thing you should do if you or your family member is injured is to get medical treatment.
Aside from getting medical treatment, to protect your right to file a personal injury claim, you should also:
- Gather proof – you or your family members should gather as much evidence as possible. This should include photos of injuries, the place where the accident happened, and other objects or parties involved. Collect contact information from witnesses so they can provide a statement later on in the process.
- Document the incident – if you were in any traffic accident, you should also contact the police. The officer will create a police report. If the accident happened at the workplace, notify your employer or supervisor immediately.
- Contact our experienced personal injury attorneys – Even though most accident-related injuries can be covered by insurance (driver’s auto insurance, property owner’s insurance policy, establishment’s liability insurance, and so on), getting help from a personal injury attorney at Schenk Podolsky can ensure that you get the proper compensation for your injuries and losses.
You shouldn’t delay filing a personal injury claim because personal injury cases are time-sensitive. If you don’t file a claim before the statute of limitation runs out, you won’t be able to recover any compensation for the injuries or damages that you sustained in the accident. The sooner you contact our personal injury attorneys, the sooner we will be able to investigate your claim and collect evidence on your behalf. Contact Schenk Podolsky today for a free consultation.
Area of practice
Being in town means we can provide our clients with extensive legal knowledge in personal one-on-one atmospheres. The client always comes first with our personal injury attorneys. Let us help determine the next steps for you and your family.
4140 E Baseline Rd, Suite 101
Mesa, AZ 85206-4677