Personal Injury Questions Answered Weintraub & Weintraub
What is a personal injury?
People get hurt every day because of an accident. Most of these injuries are minor. Many of these injuries are not anyone’s fault: it is true that sometimes, "accidents happen." Not every personal injury can be, or should be, the basis of an insurance claim or lawsuit.
However, when a person is hurt because of someone else’s negligence, then both state and federal law provide protection. "Tort Law" protects victims injured by another’s recklessness, negligence, malpractice, or failure to act. Sometimes, more than one person or company may share responsibility for the victim’s damages.
Injuries recognized under Arizona personal injury law include victims of:
How do I know if I have a personal injury claim?
Arizona personal injury law recognizes claims where you can demonstrate that you have been injured. Injury can be emotional as well as physical. First, therefore, you must have an injury.
Secondly, you must show that a person, or company, is totally responsible for the injury, or at least partially responsible for the injury.
Third, you must have damages. Paperwork such as medical records, employment records and the like are important to prove up damages, so it is vital to keep all paperwork related to your injury.
However, for a complete answer to this question, you should seek the opinion of a licensed Arizona personal injury attorney.
What financial compensation can I get for my personal injury?
It depends. Different personal injuries are allowed different types of damages under Arizona law.
You may be eligible not only for your actual damages but also for an award of punitive damages (which the jury awards to punish the wrongdoer).
Arizona law allows personal injury damages for:
Do I have to go to court?
Maybe. After you file a claim, the insurance company will try to settle the case, and that may take more than a year to do. Your lawyer, if you have hired a personal injury lawyer, will represent you in these settlement negotiations.
If your case does not settle, then a formal lawsuit must be filed to protect your rights, which may ultimately lead to a trial. You will need to be in court for the trial.
What do personal injury attorneys cost?
Most personal injury attorneys will represent personal injury victims on a contingent fee basis. The injured person does not pay the attorney unless money is recovered for the injuries.
This arrangement is called a "contingent fee." The attorney gets an agreed-upon percentage of the money recovered in the case. The costs or expenses of pursuing the legal claim are separate from this percentage. The client may be required to pay them regardless of the outcome.
People get hurt every day because of an accident. Most of these injuries are minor. Many of these injuries are not anyone’s fault: it is true that sometimes, "accidents happen." Not every personal injury can be, or should be, the basis of an insurance claim or lawsuit.
However, when a person is hurt because of someone else’s negligence, then both state and federal law provide protection. "Tort Law" protects victims injured by another’s recklessness, negligence, malpractice, or failure to act. Sometimes, more than one person or company may share responsibility for the victim’s damages.
Injuries recognized under Arizona personal injury law include victims of:
- Car Accidents
- Truck Accidents
- Boating Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Animal Bites
- Premises Liability - slip and falls, trip and falls
- Products Liability – defective products that cause harm
- Medical Malpractice – doctors (or any health care provider) that injures
- Prescription Drugs – drugs or medicines that hurt or kill
How do I know if I have a personal injury claim?
Arizona personal injury law recognizes claims where you can demonstrate that you have been injured. Injury can be emotional as well as physical. First, therefore, you must have an injury.
Secondly, you must show that a person, or company, is totally responsible for the injury, or at least partially responsible for the injury.
Third, you must have damages. Paperwork such as medical records, employment records and the like are important to prove up damages, so it is vital to keep all paperwork related to your injury.
However, for a complete answer to this question, you should seek the opinion of a licensed Arizona personal injury attorney.
What financial compensation can I get for my personal injury?
It depends. Different personal injuries are allowed different types of damages under Arizona law.
You may be eligible not only for your actual damages but also for an award of punitive damages (which the jury awards to punish the wrongdoer).
Arizona law allows personal injury damages for:
- Medical Expenses
- Pain and Suffering
- Mental Anguish
- Both Physical & Mental Disability
- Property Damage
- Lost Wages
- Out-of-Pocket Expenses (house cleaning, etc.)
Do I have to go to court?
Maybe. After you file a claim, the insurance company will try to settle the case, and that may take more than a year to do. Your lawyer, if you have hired a personal injury lawyer, will represent you in these settlement negotiations.
If your case does not settle, then a formal lawsuit must be filed to protect your rights, which may ultimately lead to a trial. You will need to be in court for the trial.
What do personal injury attorneys cost?
Most personal injury attorneys will represent personal injury victims on a contingent fee basis. The injured person does not pay the attorney unless money is recovered for the injuries.
This arrangement is called a "contingent fee." The attorney gets an agreed-upon percentage of the money recovered in the case. The costs or expenses of pursuing the legal claim are separate from this percentage. The client may be required to pay them regardless of the outcome.