People suffer injuries all the time due to motor vehicle crashes, construction accidents, slip and falls, dog bites, and other serious accidents. When these accidents and injuries occur, accident victims might be eligible to file a claim with the at-fault person or entity’s insurance company for monetary compensation and damages. If you or a person you love sustained injuries in an accident that occurred because of someone else’s negligence, you want an experienced legal team on your side that will zealously advocate for your interests and pursue the compensation that you deserve.
At Zanes Law Injury Lawyers, our team has a proven track record of success when it comes to settling and litigating personal injury matters. Our attorneys have obtained numerous high-value settlements and jury verdicts. Since opening our doors back in 2003, we have demonstrated our skill for obtaining favorable awards for our clients—both at the negotiating table and in the courtroom.
If you suffered injuries in an accident that occurred because of the negligence of another person, time is of the essence. The statute of limitations for filing a lawsuit in Arizona personal injury cases is only two years from the date of the accident in most instances. Therefore, if you suffered injuries, you want to have skilled legal counsel by your side representing you as soon as possible in your case.
When you retain the experienced Arizona personal injury attorneys at Zanes Law Injury Lawyers to represent you, you can rest assured that your case will receive the attention it deserves and that we will do everything possible to maximize your compensation in your personal injury legal matter.
Even when a person suffers injuries in an accident that someone else caused, the accident victim still has the burden of proof in the case. Ordinarily, the accident victim must demonstrate, by a preponderance of the evidence, that the at-fault person or entity violated the duty of care and that, as a result, the accident occurred. Finally, the accident victim must show that the injuries and damages they suffered resulted from the accident.
In the case of a car accident claim, for example, the accident victim would need to show that the at-fault driver deviated from the prevailing standard of care in some manner. The driver might have violated a road rule, such as by speeding or failing to use a turn signal, and the accident occurred as a result. In clear cases of drunk driving accidents, the at-fault driver’s insurance company might go so far as to concede fault for the accident.
In addition to proving a violation of the standard of care, the accident victim must show that this negligence led to the accident—and that the accident led to the resulting injuries.
In a personal injury case, expert testimony often becomes necessary. In cases where the insurance company is disputing fault for the accident, the accident victim’s lawyer might need to retain a qualified accident reconstructionist who can piece together exactly how the accident happened. Moreover, in many personal injury cases, medical experts are necessary. A medical provider, such as a doctor, would need to state—to a reasonable degree of medical certainty—that an accident victim’s injuries are related to the accident and causally flow from the accident.
A knowledgeable Arizona personal injury attorney at Zanes Law Injury Lawyers can retain the necessary experts to try to prove the legal elements of your claim. Proving these legal elements puts you in a position to be eligible for monetary compensation in the form of damages.
The experienced team of Arizona personal injury lawyers at Zanes Law Injury Lawyers can handle all of the legal aspects of your claim while you concentrate on recovering from your injuries. Our legal team will help you file a claim or lawsuit against the person or entity at fault for your accident. We can then help you pursue the compensation that you need for your injuries by way of a favorable financial settlement, arbitration award, or jury verdict. What follows are the answers to some common questions that often arise in the context of Arizona personal injury cases.
The statute of limitations—or the deadline for filing a lawsuit—in Arizona personal injury cases is relatively short. To be exact, most victims of car accidents, slip and falls, and similar accidents only have two years from the accident date to file a lawsuit arising from their injuries. This statute of limitations is very unforgiving, and if you fail to sue within this deadline, you can no longer seek monetary compensation and damages for all of the injuries resulting from your accident. Therefore, you must file your lawsuit on time in the Arizona state court system.
This short personal injury statute of limitations is one reason why you should retain experienced legal counsel to represent you in your case as promptly as possible. A knowledgeable attorney can file a lawsuit well in advance of the two-year statute of limitations deadline. Even after you file the lawsuit, your attorney can continue working on your behalf to pursue a favorable settlement offer in your case.
If you sustain injuries in an accident that happened due to someone else’s negligence, you should usually file a claim with the at-fault person’s insurance company. Assuming the insurance company accepts liability for the case, you can begin the settlement process by submitting a demand letter to the insurance company adjuster handling your particular claim.
As part of a demand package, your attorney will likely include:
Once the accident victim’s lawyer submits the demand package to the insurance company, the adjuster will review the demand letter along with the other documents that make up the settlement demand package. The adjuster may then make an initial offer to settle the personal injury case.
Accident victims should be very wary about accepting initial settlement offers from insurance companies. This is because initial offers do not typically compensate accident victims for the full measure of their damages. In most cases, the amount of the initial settlement offer won’t cover all of your expenses. Keep in mind that insurance companies are big businesses, and they will do everything in their power to settle a personal injury case for as little money as possible. By offering a small initial settlement amount, the insurance company is trying to entice accident victims who are in a hurry to settle and are willing to accept anything to resolve the case.
An experienced Arizona personal injury attorney can negotiate with the insurance company adjuster. In many cases, it will take several rounds of negotiation between the accident victim’s lawyer and the insurance company adjuster before an injured claimant receives a reasonable settlement offer.
However, at other times, the insurance company adjuster might refuse to offer full and fair compensation to resolve the personal injury case. When that happens, the accident victim might elect to have their attorney file a lawsuit in the matter. Filing a lawsuit does not prevent the person’s injury case from settling. Rather, filing suit gets the ball rolling on litigation and keeps the case moving forward to a conclusion.
The knowledgeable Arizona personal injury attorneys at Zanes Law Injury Lawyers can help you determine whether or not a pending personal injury settlement offer is worth accepting in your case. Your attorney can also let you know your approximate net compensation if you decide to accept a settlement offer from the insurance company. If you decide that a particular offer is not worth accepting, your attorney can assist you throughout the litigation process by filing suit and moving the matter forward to a favorable conclusion.
Even if you decide to file a lawsuit in your personal injury case, you can still reach a favorable settlement. In fact, the vast majority of Arizona personal injury cases settle before trial. Therefore, just because you file a lawsuit in your case does not mean that you will need to go to a jury trial to resolve the case.
First of all, by filing a lawsuit in your case, the court will typically schedule a settlement conference with the court. Settlement conferences usually take place after the conclusion of written and oral discovery, including depositions. At a court settlement conference, both attorneys and their clients meet with a judge or settlement officer to see if the case can reach a favorable resolution. The judge or settlement officer will usually meet with everyone together and then have individual breakout sessions with the lawyers and their clients. The goal of a settlement conference is to see if the parties can reach a settlement number that they both can live with.
As an alternative to taking an Arizona personal injury case to a jury trial in state court, the parties might consider some form of alternative dispute resolution, such as mediation or binding arbitration. A mediation proceeds much in the same way a settlement conference does. The parties meet with a neutral, third-party mediator who helps the parties see if they can reach a favorable settlement number in the case.
At arbitration, the parties put on their case much as they would at a jury trial. However, a pre-appointed neutral arbitrator decides the outcome of any disputed issues. At most binding arbitration proceedings, the only disputed issue is that of damages. In binding arbitration, the arbitrator’s decision is final and you generally cannot appeal it in court.
The experienced Arizona personal injury lawyers at Zanes Law Injury Lawyers can explore potential alternative dispute resolution options with you and explain the pros and cons of each.
There are many other types of personal injury legal matters that arise in Arizona besides motor vehicle accidents involving cars and trucks.
Other common types of Arizona personal injury cases involve:
If you or a family member suffered injuries in an accident due to the negligence of another, the knowledgeable and experienced personal injury attorneys at Zanes Law Injury Lawyers are here to help. Our legal team can investigate the circumstances of your accident and help you develop a plan for moving forward with your case. We can pursue favorable monetary compensation from the at-fault person’s insurance company, seeking the damages that you need.
No two personal injury cases are the same. Therefore, the potential damages that an accident victim could recover vary from case to case. The amounts and types of damages available to an accident victim in a personal injury case depend largely on the severity of the injuries sustained, as well as the cost of any medical procedures and treatment that the accident victim underwent.
For an accident victim to collect damages in a personal injury case, the accident victim must prove all of the other legal elements of the claim. Once those elements are proven, the accident victim could pursue monetary compensation in the form of damages.
First and foremost, the accident victim could pursue compensation for all of the medical expenses they incurred because of the accident. Those medical expenses might be for a surgical procedure, doctor consultations, or physical therapy. If the accident victim had to miss time away from work following the accident, the accident victim could claim lost wages. If the accident victim had to switch jobs or careers due to injuries suffered in the accident, they could claim loss of earning capacity. These damages might cover an accident victim’s vocational rehabilitation training for them to acquire a new job.
Moreover, accident victims can pursue a damage claim for the inconvenience, pain and suffering, emotional distress, and mental anguish the accident caused. If the accident victim has limited use of a body part—such as an arm, hand, or leg—following the accident, they could present a loss of use claim.
If the accident victim’s injuries prevented them from enjoying life to the fullest, then the accident victim could bring a claim for loss of enjoyment of life. Finally, if the accident victim’s injuries limit their intimacy with a spouse, the accident victim could bring a claim or loss of spousal companionship or consortium.
All of these damages are called non-economic damages because they are not measurable in terms of exact dollars and cents. However, they are often an important part of a personal injury case, and they are legally compensable.
The experienced Arizona personal injury attorneys at Zanes Law Injury Lawyers can determine the damages you might pursue in your case. Your lawyer can then claim those damages and work to maximize your ultimate financial recovery.
Insurance companies are incredibly savvy at denying claims and lowballing settlements to avoid paying what they really owe. If an insurance adjuster comes to you with an offer soon after the accident, the odds are the company is hoping you haven’t already retained a lawyer.
All too often, claimants immediately accept such offers because they have no way of knowing how much they are truly entitled to receive. While you must report any incident to your insurance company, you absolutely do not have to—and should not—accept an offer without reviewing it with a qualified personal injury attorney in Phoenix. The legal team at Zane Law has reviewed countless settlement offers and can advise you on what an appropriate amount of compensation is in your case.
While Arizona is a leading state for motor vehicle accidents, other accidents—including slips and falls and other premises accidents—are also common here. If you or someone you love suffered injuries in a serious accident that occurred because of another person or entity’s negligence, you want an experienced team of personal injury attorneys on your side, from the beginning of your case to the end.
The knowledgeable and skilled team of Phoenix personal injury lawyers at Zanes Law Injury Lawyers can investigate your case, negotiate with the at-fault person’s insurance company, and, if necessary, litigate it in the court system.
For a free legal consultation and case evaluation with a knowledgeable Arizona personal injury attorney, please give us a call at (602) 999-9999 or contact us online for more information about how we can help.