Personal injury claims refer to legal disputes arising when one person suffers an injury or harm due to the negligence or intentional act of another party. Understanding personal injury claims is essential, as they can significantly impact your life physically, emotionally, and financially. This guide provides comprehensive information on personal injury claims in Arizona.
What are the types of Personal Injury Claims?
Car accidents
Car accidents are one of the most common causes of personal injury claims. Common injuries from car accidents include whiplash, broken bones, and traumatic brain injuries. To file a car accident claim in Arizona, you must establish the other party’s fault, prove your injuries, and file the claim within the statute of limitations.
Slip and fall accidents
Slip and fall accidents can occur due to hazards such as wet floors, uneven surfaces, poor lighting, or inadequate signage. Common injuries resulting from slip and fall accidents include broken bones, head injuries, and spinal cord injuries. To file a slip and fall claim in Arizona, you need to prove that the property owner was negligent and that their negligence caused your injuries.
Medical malpractice
Medical malpractice occurs when a healthcare professional breaches the standard of care, resulting in harm or injury to the patient. Common types of medical malpractice include misdiagnosis, surgical errors, and medication errors. To file a medical malpractice claim in Arizona, you need to prove that the healthcare professional’s actions fell below the standard of care and that their negligence caused your injuries.
Product liability
If you are injured by a defective or dangerous product, you may have a product liability claim. This could include defective medical devices, malfunctioning appliances, or hazardous toys, among other things.
Dog bites
If you are bitten or attacked by a dog, you may have a claim against the dog’s owner. Arizona has strict liability laws for dog bites, meaning that the owner is responsible for any damages caused by their dog, regardless of whether the owner was negligent.
Premises liability
This refers to injuries that occur on someone else’s property, such as slip and fall accidents, drowning incidents, or injuries caused by inadequate security. Property owners have a duty to maintain a safe environment for visitors and may be held liable if they fail to do so.
Assault and battery
If you are physically assaulted or battered, you may have a personal injury claim against the perpetrator. You may also have a claim against the establishment where the assault occurred if they failed to provide adequate security.
Libel and slander
These are types of personal injury claims that involve harm to a person’s reputation or character. Libel refers to written or published false statements, while slander refers to spoken false statements. If you have suffered harm as a result of someone’s defamatory statements, you may have a claim for damages.
Construction accidents
If you are injured on a construction site, you may have a personal injury claim against the general contractor, subcontractors, or other parties responsible for safety on the site.
Statute of Limitations
The “statute of limitations” is the time limit within which you can file a personal injury claim. If you fail to file your claim within the specified time frame, you may lose your right to compensation.
Statute of limitations for personal injury claims in Arizona
The statute of limitations for personal injury claims in Arizona is two years from the date of the injury. However, there are exceptions to this rule, such as for cases involving minors or cases where the injury was not immediately apparent.
Exceptions to the statute of limitations may apply in certain circumstances, such as when the injury was not immediately apparent or when the victim is a minor.
Compensation for Personal Injury Claims
Economic damages
Economic damages refer to monetary losses resulting from personal injuries, such as medical bills, lost wages, and property damage.
Non-economic damages
Non-economic damages refer to non-monetary losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive damages
Punitive damages may be awarded in cases where the defendant’s conduct was particularly egregious or malicious. In Arizona, punitive damages are only awarded if the plaintiff proves, by clear and convincing evidence, that the defendant acted with an evil mind.
More things to remember about Personal Injury Claims in Arizona
- In Arizona, if you are found to be partially at fault for your injury, your compensation may be reduced. This is known as comparative negligence.
- Medical malpractice cases can be complex and require expert testimony from other medical professionals to establish the standard of care and prove that the defendant breached it.
- Arizona law allows for up to $250,000 in non-economic damages in medical malpractice cases. However, this cap may not apply in cases involving wrongful death or catastrophic injury.
- In addition to compensatory and punitive damages, personal injury claims in Arizona may also include claims for loss of consortium, which refers to the loss of companionship or support suffered by a spouse or family member of the injured party.
- Seek medical attention immediately after an injury, both for your health and for legal purposes. Delaying medical treatment could harm your chances of receiving compensation, as insurance companies may argue that your injuries were not severe or were caused by something else.
Why is hiring a Personal Injury Lawyer important?
Hiring a personal injury lawyer can increase your chances of receiving fair compensation for your injuries. Personal injury lawyers can help you navigate the legal process, negotiate with insurance companies, and advocate for your rights in court.
When hiring a personal injury lawyer, look for someone with experience in handling cases similar to yours, who communicates clearly, and who is passionate about fighting for their client’s rights. You can find a personal injury lawyer in Arizona by asking for referrals, searching online, or contacting the Arizona Bar Association.
Schenk Podolsky Attorneys at Law
If you live in Mesa, give us a call at Schenk Podolsky Attorneys at Law or schedule a free consultation to learn more about personal injury claims
