Phoenix Personal Injury Lawyers

While you should ask a lawyer to handle your case if possible, you might want to know a few things about this area of law in the meantime. Here’s a brief overview that covers points like what you need to show to hold a defendant liable and the deadline that you need to meet for bringing a personal injury lawsuit.

In Arizona, most personal injury cases are based on the concept of “negligence,” which is essentially a legal term for carelessness. People are expected to take reasonable precautions in their daily activities to prevent harm to others. If someone fails to do this and causes an injury, they can be held responsible for the damages. In some specialized settings, like health care, the idea of negligence can be more complex. For example, doctors are held to professional standards specific to their field. If you're injured due to a doctor's actions, you might need expert testimony to explain what the doctor should have done differently to meet those standards.

Many accidents happen because someone was negligent while on the job. For instance, if a truck driver falls asleep at the wheel and rear-ends another car, the injured person can sue the driver's employer. This is possible even if the company itself didn't do anything wrong. This principle is known as “vicarious liability,” which means an employer is generally responsible for the careless actions of their employees while they are doing their job duties. Additionally, there are situations where the injured person might claim that the company was directly at fault. For example, if a trucking company hires a driver who is clearly unqualified, and that driver causes an accident, the company could be held responsible for their poor hiring practices.

In some personal injury cases, a theory called “strict liability” may apply. This means that the injured person doesn’t need to prove that anyone was negligent. One of the most common examples of strict liability is a case involving a defective product. If you get hurt because of a defect in a product, the manufacturer may be held responsible, no matter how careful they were in making it.

If you were injured in a crime like an assault, you might seek compensation through an “intentional tort” claim. This means you can sue the person who harmed you, regardless of any criminal charges they might face. Even if the defendant is found not guilty in criminal court, they might still be held responsible for your damages in a civil case.

If you've been injured, it's important to start your case as soon as possible. Acting quickly can help preserve the evidence you need to prove who is liable and the extent of your damages. Waiting too long can also mean missing the statute of limitations, which is the deadline for filing a personal injury lawsuit. In Arizona, this deadline is typically two years from the date of the injury, although there are some exceptions. For example, a dog bite claim based on strict liability must be brought within one year.

If you miss the deadline for filing your personal injury lawsuit, the defendant can likely get the court to dismiss your case. This means that even if you have strong evidence showing the defendant was at fault and you suffered serious injuries, you won't be able to recover any compensation. You'll have to cover all related costs on your own.

Some accidents happen because of carelessness by more than one person or entity. If both the defendant and the injured person share the blame, this is known as comparative negligence. Arizona follows a lenient rule in these situations. Even if you were partly at fault for the accident, you can still recover damages for your injuries. However, the amount you receive will be reduced based on your degree of fault. This is different from some states where you can't recover any damages if you were at fault at all or if your fault exceeds a certain percentage.

Unlike some states that impose caps on certain types of damages, Arizona does not have any such limits. In fact, the Arizona Constitution explicitly prohibits the legislature from enacting laws that limit the amount of damages a person can recover for causing death or injury.

If you were injured by a government entity or employee, there are specific rules you need to follow to seek compensation. One key requirement is that you must file a notice of claim within 180 days of the injury. This is much shorter than the usual statute of limitations for other personal injury cases. The notice of claim should detail what happened, including the circumstances of the injury, and specify the amount of damages you’re seeking.

While some personal injury cases do go to trial before a judge or jury, this is not usually the case. More often, these cases are resolved through settlements after negotiations between the injured person and the defendant or their insurance company. In a settlement, the injured person agrees to accept a certain amount of compensation in exchange for dropping their claims against the defendant. There are several advantages to settling a case. Settlements avoid the time, expense, and inconvenience of going through a lengthy trial. They also allow the injured person to receive money faster, which can help relieve financial pressure. Additionally, settling avoids the risk of a judge or jury seeing the case differently than expected.

That said, it's important to think carefully before agreeing to a settlement if you're not satisfied with the offer. Once you accept a settlement and release your claims against the defendant, you won't have a second chance to seek compensation from them. (However, if you have separate claims against another defendant, you can still pursue those.) Be aware that many defendants and insurers may try to take advantage of injured people by quickly making a lowball offer, hoping you'll accept it and move on. Often, continuing negotiations can result in a better offer. You have the right to settle your case at any point in the process.

It's important to understand that the other side will likely have a legal team working to minimize their liability for your injuries. This is why it's crucial to have an attorney of your own, so you're not at a disadvantage. Even if it seems obvious that the defendant was at fault, there might be legal technicalities or nuances of which you're not aware. Hiring a lawyer can also help ease the burden on you while you recover from your injuries. Personal injury cases often require a lot of evidence, including documents like bills and medical records, as well as statements from eyewitnesses and experts. Assembling all this evidence on your own can be overwhelming, but a lawyer can handle it smoothly and efficiently, ensuring that every detail is covered.

As you start receiving settlement offers, your attorney can help you determine whether an offer is reasonable. With experience handling claims for people in similar situations, your attorney will have a general idea of how much your case might be worth. While it's important to consider your attorney's advice, you are not obligated to accept their recommendation. Ultimately, the decision to settle is yours, and your attorney cannot settle the case without your consent.

If your case goes to trial, having an attorney can be invaluable. Their training and experience will allow them to craft a strong strategy to persuade the judge or jury, something you might not be as well-equipped to handle on your own. Additionally, attorneys are familiar with court rules and procedural requirements, which are essential to follow during litigation. Even a small mistake on what might seem like a minor issue could potentially derail your case. By having an attorney on your side, you can avoid these risks and ensure that your case is presented as effectively as possible.

Finding the right personal injury attorney can be challenging, especially with so many options in Phoenix and the surrounding areas. To simplify your search, you might start by looking online. The Justia Lawyer Directory is a useful tool that can help you compare attorneys and develop a list of some promising candidates.

When choosing an attorney, it's important to find someone who has handled cases similar to yours. For instance, if you slipped and fell on someone else's property, look for an attorney with experience in premises liability lawsuits. Hiring someone who only deals with car accident claims might not be the best fit for your situation. Similarly, if your child was injured due to a doctor's mistake during labor and delivery, seek out a medical malpractice lawyer and ideally someone who has handled birth injury cases.

Many law firms showcase their notable verdicts and settlements on their websites. Reviewing these listings can give you an idea of their accomplishments and experience. However, this shouldn't be the only factor in your decision. It's also important to look at reviews from former clients and other attorneys. These reviews can provide insight into an attorney's personality and approach, as well as their skill and the respect they have earned in the profession.

All licensed attorneys in Arizona must adhere to the rules of professional conduct set by the State Bar of Arizona. One key step in your selection process should be checking the disciplinary record of any attorney you're considering. If an attorney has a pattern of repeated ethical violations, it may be a red flag indicating that they might not be the best choice for your case. However, if their disciplinary record is minimal or contains only very old violations, it might not be a major concern and could be something to simply keep in mind.

Before deciding on the right attorney for your case, it's a good idea to speak with a few different options. Most personal injury lawyers offer free consultations to prospective clients. These meetings give the attorney a chance to learn about your case and determine if they want to take it, while also allowing you to ask questions and see if you feel comfortable with them. During these consultations, look for an attorney who is knowledgeable, trustworthy, and good at communicating. The success of a case often depends on having a strong relationship with your attorney.

When you think of a personal injury lawsuit, you probably think first of a motor vehicle accident. But these cases can take many other forms as well, such as:

• Premises liability claims based on incidents like slip and falls when property owners don’t properly maintain their premises
• Products liability cases when injuries result from manufacturing or design defects, or failures to clearly warn about safety risks
• Medical malpractice lawsuits when healthcare providers don’t meet professional standards of care, such as when they fail to promptly diagnose a condition or make a mistake during a surgical procedure
• Nursing home cases when an elderly person suffers from neglect or abuse at a licensed care facility
• Dog bite cases when people get attacked by someone else’s pet
• Wrongful death lawsuits based on fatal accidents

If you’ve been injured on the job, your first step might be to pursue a claim for workers’ compensation benefits. These benefits are available regardless of who was at fault for your injury, so you don’t need to prove that your employer did anything wrong. However, workers’ compensation benefits are limited to certain items like medical expenses and a portion of lost wages, rather than addressing non-economic damages like pain and suffering. If you're looking to receive additional compensation, such as for pain and suffering, you might want to explore whether you have a claim against a third party who was responsible for your injury. This type of claim would be similar to any other personal injury lawsuit, where you would need to prove that the third party was negligent or otherwise liable for your injury.

According to a study of Arizona personal injury cases, the average award when they went to a jury was over $820,000. However, a more helpful number may be the median, which was $30,000. The average tends to be distorted by a small percentage of very large verdicts, while the median represents the middle of the range. Half the verdicts are larger than the median, and half are smaller. The data also showed that only 40 percent of personal injury cases that went to trial resulted in a damages award. This was much lower than the national average.

Here are some notable verdicts and settlements in recent personal injury cases in Arizona:

• $31.5 million in a birth injury lawsuit when a healthcare provider allegedly wrongly administered Pitocin during labor, resulting in cerebral palsy for the child
• $7 million for permanent brain damage and other injuries caused by the alleged negligence of VA staff in conducting respiratory therapy
• $5 million awarded by a Maricopa County jury to the family of a 22-year-old man who was hit and killed by a truck
• $1.25 million for a person severely injured in a side-impact crash with a pickup truck
• $250,000 for a vet attacked and severely bitten by a dog at the owner’s home
• $216,000 for a customer at a convenience store who slipped and fell on ice on the floor near the freezer

However, the damages available in any given case depend on its unique facts. You should talk to your attorney about what your case might be worth, rather than hypothesizing based on what you read in the news.

The Arizona Department of Transportation compiles data on car accidents each year in cities and counties across the state. It reported that 36,927 car accidents occurred in the city of Phoenix in 2023. These included 298 fatal crashes, 10,300 crashes that caused injuries, and 26,329 crashes that caused only property damage. (In total, 307 people were killed in these crashes, and 14,922 were injured.) There were 1,354 crashes related to alcohol consumption in Phoenix, in which 109 people were killed and 842 were injured.

In Maricopa County more generally, there were 87,237 car accidents in 2023. These included 647 fatal crashes, 25,456 crashes that caused injuries, and 61,134 crashes that caused only property damage. (In total, 681 people were killed in these crashes, and 37,047 were injured.) There were 3,732 crashes related to alcohol consumption in Maricopa County, in which 218 people were killed and 2,375 were injured.

The Maricopa Association of Governments provides statistics on the most dangerous intersections in the region. Most of these are in Phoenix. According to data between 2018 and 2022, the 10 most dangerous intersections in Phoenix were:

• 67th Avenue and McDowell Road
• 19th Avenue and Peoria Avenue
• 67th Avenue and Thomas Road
• 67th Avenue and Indian School Road
• 83rd Avenue and Indian School Road
• Cave Creek Road and Sweetwater Avenue
• 51st Avenue and Thomas Road
• 27th Avenue and Camelback Road
• 99th Avenue and Lower Buckeye Road
• 19th Avenue and Southern Avenue

It’s always important to pay close attention to your surroundings when you’re approaching an intersection. In addition to other vehicles, pedestrians and bicycles might be in your vicinity and harder to notice because of their smaller scale.

An injured person bringing a claim after a car accident probably will want to get the police report on the crash. This can provide important information about what happened and who may have been at fault. You can get traffic crash reports through the online portal provided by the Public Records and Services Unit of the Phoenix Police Department. On the other hand, if the Maricopa County Sheriff’s Office investigated your crash, you can often go to buycrash.com to get a copy of the report. A different process applies to reports on accidents that resulted in serious or fatal injuries, or that were related to a criminal offense such as DUI. You can request these reports directly through the Sheriff’s Office website.

If your doctor didn’t provide you with proper care, you might want to file a complaint with the Arizona Medical Board in addition to filing a medical malpractice lawsuit. This could result in disciplinary action against the doctor. If a loved one or you experienced neglect or abuse at a nursing home, you can file a complaint with the Arizona Department of Health Services. You can also contact Adult Protective Services and your local Long Term Care Ombudsman.

People who were injured in crimes can consult the victim resources provided by the Maricopa County Attorney’s Office. Some of these resources are specific to certain groups of people, such as children, the elderly, and people who have experienced sexual assault. An organization called Arizona Voice for Crime Victims also provides a list of resources. People who have suffered a financial loss due to a crime may pursue assistance from the Arizona Crime Victim Compensation Program. Victims of misdemeanors can get help from the Victim Services Unit in the Phoenix Prosecutor’s Office, while victims of felonies can contact the Victim Services Division in the Maricopa County Attorney’s Office.

If you were hurt on the job, you can consult the resources provided by the Arizona Industrial Commission. These include a general workers’ compensation handbook, forms that you might need to file, and definitions of key terms that might be mentioned during the process.

1. How much is my personal injury case worth?

   Determining the value of a personal injury case can be complicated, but generally cases involving severe injuries, extensive medical treatment, and significant time off work tend to result in higher compensation. If you have permanent disabilities, require future treatment, or have a limited ability to work moving forward, these factors can further increase the amount of damages you may be entitled to receive.

2. Do I need to pay my medical bills while my case is ongoing?

   Yes, it's important to pay your medical bills as much as possible, even if you haven't received compensation yet. You may be able to cover some of these expenses through your health insurance or even your auto insurance, depending on the situation. Additionally, many healthcare providers offer flexible payment plans to help manage the costs. By staying on top of your medical bills, you can avoid additional stress and potential damage to your credit.

3. How much will it cost to hire a personal injury lawyer?

   When you hire an attorney for a personal injury case, you'll typically pay them a percentage of any money they secure for you through a settlement or judgment. This is known as a contingency fee arrangement. If your case settles before going to trial, the percentage you pay might be lower because less work is required. However, the typical range for contingency fees is between 25% and 40%.

4. Who can file a wrongful death lawsuit?

   In Arizona, a wrongful death lawsuit can be brought by the surviving spouse, child, parent, or guardian of the deceased person. Additionally, the personal representative of the deceased person's estate can file the lawsuit.

5. Can I sue a bar that served a drunk driver?

   Possibly. In Arizona, the "dram shop law" holds licensed alcohol providers accountable if they serve alcohol to someone who is obviously intoxicated (or underage in some cases), and that person then causes harm as a result. If you believe this applies to your situation, it's a good idea to consult an attorney who can help you understand your rights and options.