PhoenixPersonal InjuryLawyers

Common Injuries Leading to Insurance Claims and Lawsuits

Personal injuries can profoundly impact an individual’s life, causing physical pain, psychological trauma, and financial hardships. Our team has handled a wide range of cases involving bodily injuries.

While the types and severity of injuries vary widely, certain medical conditions are common in personal injury claims.

Here are some of the injuries our Phoenix personal injury law firm encounters regularly:

Whiplash: Often associated with car accidents, whiplash injuries occur due to the rapid back-and-forth motion of the neck. This kind of neck injury can result in pain, stiffness, and other discomforts.

Broken bones: Breaks and fractures can happen in various accidents, such as falls, car crashes, or workplace incidents. These injuries require medical attention and may involve lengthy recovery periods.

Traumatic brain injuries (TBIs): TBIs can range from mild concussions to severe brain damage, leading to cognitive, physical, and emotional impairments. TBIs often result from accidents involving head trauma.

Spinal cord injuries: Injuries to the spinal cord can cause partial or complete paralysis, impacting an individual’s mobility and quality of life. Spinal cord injuries frequently result from motorcycle accidents, car accidents, falls, or acts of violence.

Burn injuries: Burns can range from mild to severe and may require extensive medical treatment, including surgeries and skin grafts. These painful injuries can result from fires, chemical exposure, or electrical accidents.

Soft tissue injuries: These injuries affect tendons, ligaments, and muscles and can lead to pain, swelling, and limited range of motion. They often occur in car accidents, slips, and falls.

Internal injuries: Damage to internal organs, such as the spleen, liver, or kidneys, can be life-threatening and often result from high-impact accidents.

Amputations: Losing a limb due to an accident has profound physical and emotional consequences, requiring extensive rehabilitation and adaptive measures.

Scarring and disfigurement: Injuries can lead to visible scarring and disfigurement, affecting an individual’s self-esteem and overall well-being.

PTSD: Emotional injuries like post-traumatic stress disorder (PTSD) can result from traumatic events, such as car accidents, violent incidents, or injuries. PTSD can have a lasting impact on mental health.

Chronic pain: Some injuries lead to long-term or chronic pain, significantly affecting an individual’s daily life and well-being.

Infections: Injuries that break the skin can lead to infections, which can be severe if left untreated.

Any of these injuries can result in substantial medical expenses, loss of income, and emotional suffering. If you or someone you love has sustained any of these injuries due to someone else’s negligence, seeking legal advice and pursuing compensation for your losses is vital.

Available Damages in a Phoenix Personal Injury Case

At Zanes Law, we understand that an injury can significantly impact your life. When pursuing a personal injury claim, you must be aware of the various damages you may be eligible to receive. These damages aim to compensate you for the physical, emotional, and financial hardships you’ve endured due to the negligence of others.

Here is a comprehensive list of available damages in a Phoenix personal injury case:

Medical expenses: You can seek compensation for all past and future medical bills related to your injury, including hospital stays, surgeries, medications, and rehabilitation.

Lost income: If your injury has caused you to miss work, you may be eligible to recover lost wages and loss of future earning capacity if your ability to work has been permanently affected.

Pain and suffering: This category encompasses the physical and emotional suffering you’ve experienced due to the injury. It aims to compensate for your pain, distress, and reduced quality of life.

Vehicle damage: In car accident cases, if your vehicle was damaged in the accident, you can seek reimbursement for repair or replacement costs.

Loss of consortium: Spouses or family members may be entitled to damages if the injury has affected their relationship with the injured party.

Wrongful death: After a fatal accident due to another’s negligence, surviving family members can pursue a wrongful death claim for damages like funeral expenses, loss of financial support, and emotional trauma.

Punitive damages: In extreme negligence or misconduct cases, the court may award punitive damages to punish the at-fault party and deter future wrongdoing. These damages are sometimes referred to as exemplary damages.

Our experienced personal injury attorneys are dedicated to helping you receive the maximum compensation possible for your injuries. We’ll work tirelessly to protect your rights and fight for the damages you are entitled to.

If you’ve been injured due to someone else’s negligence, don’t hesitate to reach out to us for a free consultation.

Hold Off On Providing Statements to Insurers

After an accident, insurance companies may contact you for statements and information regarding the incident. While it’s essential to cooperate with your insurance company, it’s equally crucial to be cautious about what you say, especially when dealing with the other party’s insurer.

Here’s why it’s often advisable to hold off on providing statements to insurance companies:

Determining fault: Insurance companies investigate accidents to establish fault and liability. They may use your words against you if you say something that indicates partial or full responsibility for the accident. While you must report the accident immediately, it’s best to consult a personal injury attorney before making any statements.

Minimizing liability: Insurance adjusters are skilled at minimizing the company’s liability. They may pressure you into making statements that could reduce the compensation you’re entitled to. Consulting with an attorney can help protect your rights and ensure you don’t inadvertently admit fault or downplay your injuries.

Understanding your injuries: Injuries sustained in an accident may not fully manifest immediately. Providing a statement before you understand the extent of your injuries can be detrimental. Your attorney can help assess your injuries and their long-term impact, ensuring you’re compensated adequately.

Adverse recorded statements: Insurance companies often record statements, and these recordings can be used against you. Without proper legal guidance, you may unknowingly say something that can be used to devalue your claim. An attorney can advise you on what to say and what not to say during interviews.

Negotiating fairly: Insurance companies will likely want to settle quickly and for less than your case’s actual value. Holding off on providing statements allows your attorney to negotiate from a position of strength, with a complete understanding of your damages and the accident’s circumstances.

Focusing on recovery: Dealing with insurance companies can be stressful and time-consuming. By entrusting this aspect to your attorney, you can focus on your recovery and well-being while they handle the legalities.

In a nutshell, it’s usually in your best interest to avoid providing statements to insurance companies until you’ve consulted with a personal injury attorney. They can help you navigate the process, protect your rights, and ensure you receive fair compensation for your injuries and losses.

An Attorney Can Help Sort Out Liability Issues

In the aftermath of a personal injury incident, one of the most critical aspects is determining who is responsible for the accident and your injuries. This process can often be arduous, involving negotiations with insurance companies, evidence collection, and legal proceedings.

Here’s how an experienced personal injury attorney can assist you with liability issues:

Legal expertise: Our personal injury attorneys are well-versed in the laws and regulations surrounding liability in various types of accidents. They understand the legal standards required to prove liability and can apply this knowledge to your case.

Investigation: Our attorneys have the resources and expertise to conduct thorough investigations into your case. They can gather evidence, interview witnesses, and reconstruct the accident if necessary. This meticulous process is often essential for establishing liability.

Identifying responsible parties: In some cases, multiple parties may be responsible for your injuries. An attorney from our firm can identify all potentially liable parties, whether they are individuals, businesses, or government entities.

Gathering evidence: Building a strong liability case requires collecting and presenting compelling evidence. Attorneys know what evidence is relevant and how to obtain it, from medical records and accident reports to expert testimonies.

Negotiating with insurers: Dealing with insurance companies can be challenging, as they may try to minimize their policyholder’s liability or offer a lowball settlement. Attorneys are skilled negotiators who can advocate for your rights and push for fair compensation.

Court representation: If a favorable settlement cannot be reached through negotiations, your attorney can represent you in court. They can present your case before a judge and jury, arguing for the responsible party’s liability.

Fault determination: In states like Arizona, where comparative fault laws apply, determining each party’s liability percentage is crucial. An experienced attorney can help ensure you are not assigned an unfair share of the blame.

Expert witnesses: Our attorneys often work with expert witnesses who can provide professional opinions and testimony to strengthen your case and establish liability.

Enlisting the assistance of a qualified personal injury attorney is invaluable when dealing with liability issues. Our team members have the knowledge, experience, and resources to investigate your case thoroughly, negotiate with insurance companies, and, if necessary, litigate your claim in court to establish liability and seek appropriate compensation.

Experience Matters When Choosing a Lawyer

When faced with the aftermath of a personal injury accident, one of the most critical decisions you’ll make is selecting an attorney to handle your case. While many personal injury lawyers may be available in Phoenix, choosing an experienced one is vital to your claim’s success.

Here are several reasons why experience matters when selecting a Phoenix personal injury lawyer for your case:

In-depth knowledge: Experienced personal injury lawyers have a deep understanding of the intricacies of personal injury law. They are well-versed in the legal principles, statutes, and precedents that pertain to your case. This knowledge enables them to build a solid and compelling argument on your behalf.

Case assessment: A seasoned attorney can accurately assess your case’s strength and potential value. They can provide realistic expectations about the likely outcomes through settlement negotiations or litigation.

Negotiation skills: Negotiations with insurance companies resolve many personal injury cases. Lawyers with experience in these negotiations have honed their skills over time, increasing the likelihood of securing a fair settlement.

Trial experience: While most cases are settled out of court, some may proceed to trial. Attorneys with courtroom experience are invaluable in these situations. Our team members can effectively present your case to a judge and jury, advocating for your rights.

Resources and connections: Established personal injury lawyers often have access to a network of professionals, including accident reconstruction specialists, medical experts, and investigators. These resources can be crucial in building a robust case.

Track record: Ideally, an attorney should have a track record of successful case outcomes. You can review their past cases and client testimonials to gauge their ability to achieve favorable results in your situation. 

Understanding insurance tactics: Insurance companies employ various tactics to minimize payouts. Seasoned attorneys are well-acquainted with these strategies and can counteract them effectively.

Personalized approach: Experienced lawyers understand that each personal injury case is unique. Our attorneys take the time to listen to your specific circumstances, concerns, and goals, tailoring their legal strategy to meet your needs.

Confidence and trust: An attorney with a history of successful cases can instill confidence in you and gain the trust of opposing parties. This can lead to more favorable negotiations and outcomes.

Peace of mind: Engaging an experienced attorney allows you to focus on your recovery and well-being while they handle the legal complexities of your case. This peace of mind can be invaluable during a challenging time.

Remember, not all personal injury cases are the same, and the attorney you choose can significantly impact the outcome. When seeking legal representation, prioritize experience to ensure you have a knowledgeable advocate fighting for your rights and the compensation you are owed.

Why Choose Zanes Law To Handle Your Case?

We have been in business for 20 years and have recovered over $500 million for our clients over the past 15. As experienced professionals with two decades of providing effective representation to clients in Phoenix, throughout Maricopa County, and across the state, we know what it takes to win a case on behalf of an injured victim.

We work hard to make sure that those responsible for causing harm pay the price while also ensuring that you receive fair compensation for the damages you’ve incurred. With extensive knowledge of state laws and attentive client care, our team is committed to protecting your best interests at every step.

Hiring a knowledgeable Phoenix personal injury attorney is essential for obtaining just settlements from insurance companies or courts. We can help you pursue compensation for medical bills, lost wages, and other financial hardships due to another person’s negligence or intentional acts. 

Our Dedication to Our Clients

At Zanes Law Injury Lawyers, we bring over two decades of unwavering dedication to the table. Numerous successful cases and, most importantly, the well-being of our clients have defined our journey.

With hundreds of millions recovered for our clients, we understand the significance of our work in helping individuals and families recover from personal injury accidents.

The People Behind Our Success

Our lead attorneys, Doug and Claudia Zanes, attribute our firm’s success to the exceptional individuals who form the backbone of our team.

Every team member plays a crucial role in delivering top-notch legal representation and unparalleled client support, from paralegals and case managers to intake specialists, receptionists, attorneys, and business executives.

Your First Contact with Zanes Law

When you contact Zanes Law Injury Lawyers, your initial interaction will likely be with one of our highly trained intake specialists. These dedicated professionals serve as the first line of communication between you and our firm.

During this initial conversation, which typically lasts from 15 to 30 minutes, our intake specialist will ask you a series of questions to gain an understanding of your potential personal injury claim.

This initial interview is a critical step in our process, as it helps us assess the nature of your case and determine how we can best assist you. Our commitment to providing personalized attention begins with this first conversation and continues during every step of your journey toward compensation and justice.

Comprehensive Legal Care Throughout Your Case

At Zanes Law Injury Lawyers, our experience speaks volumes, but our dedication to our clients and successful case results speak even louder. We look forward to bringing our expertise to your case and working tirelessly to help you recover a fair settlement or court award.

Our personal injury lawyers in Phoenix have represented personal injury victims in thousands of cases. When you schedule a consultation with us, you benefit from our extensive experience and a team that cares about your well-being.

Common Questions People Have After an Accident

It feels like accidents only happen to other people until they happen to you. After a life-altering mishap, you will probably ask yourself the following questions:

What kind of lawyer do I hire to negotiate with an insurance company?

Why is having a personal injury attorney important?

When should I hire an injury lawyer?

After a car accident, motorcycle crash, or other unfortunate event, it is best to reach out to us immediately. We can protect you from the big insurance companies and get you the medical care you need if you have been injured. It is important to have our guidance from the beginning so that we can get you the maximum amount possible.

We know that anyone can become the victim of someone else’s negligence. Our legal team is dedicated to getting you monetary compensation for your property damage and accident-related expenses, lost wages, all of your incurred medical bills, and needed future medical care, along with compensation for your pain and suffering.

Our Phoenix Personal Injury Lawyers Do Not Add to Your Financial Burdens

Many injured victims worry that hiring a Phoenix personal injury lawyer might be too expensive. However, each injury accident attorney in our firm takes cases on a contingency fee basis.

That means you only pay a fee if we win your case. You will not owe us a penny if we do not obtain compensation for you. This mutually beneficial arrangement aligns our goals with yours and allows you to enlist our help regardless of your financial situation.

Our initial consultation is completely free, and it is up to you whether you want to move forward after hearing our strategy for your case. Again, we only get paid when we win, so there is no risk in seeking our advice. Please don’t settle with an insurance company before allowing us to assess the true value of your case. 

Our Team Makes the Legal Process More Accessible

The legalities of a personal injury accident can seem complicated at first. They become more manageable when you have a Phoenix, AZ, personal injury attorney partnering with you. 

When you work with our team, you can count on us to do the following:

Investigate evidence related to your accident.

Represent your best interests in negotiations and trial proceedings.

Stay on top of updates relating to case-relevant laws.

Protect you from intimidation attempts.

Deal with insurance adjusters.

Handle any legal claim.

Fight for you in court if necessary.

It’s our goal to give you the space you need to recover from your injury while also advocating for your right to compensation. You can count on our team to manage awkward communications with the defense while holding firm on the compensation we calculated in your case consultation.

Why You May Need an Attorney

For many people, being involved in an accident can be traumatic. Although you may still be reeling from what happened, navigating the claims process is essential if you plan to recover compensation for your injuries or losses. With the help of a qualified personal injury lawyer, you can take the necessary steps to protect your rights and receive fair compensation.

When you file a personal injury claim in the state of Arizona, several important laws may come into play. These include statutes of limitations, which determine how long after an accident someone has to file a lawsuit, and comparative negligence rules, which dictate whether more than one party can share responsibility for an incident.

There are also policy limits and other obstacles that could limit the amount a plaintiff can recover as part of a settlement. It is also important to note that if either side cannot agree, litigation may become necessary.

Help With Evidence

In addition to knowing relevant laws and regulations, thoroughly understanding what evidence needs to be collected is paramount when preparing for any potential legal action related to personal injury claims.

Helpful evidence includes medical records from treatments received post-accident, police reports documenting details about the incident, photographs showing the damage and the scene, witness testimonies corroborating your version of events, and other crucial information demonstrating fault on behalf of the other party or parties.

An experienced attorney knows how to organize and present evidence in a way that maximizes your chances of a successful case outcome.

Help With Settlement Negotiations, Court Proceedings, or Trial

Once all facts have been gathered and presented appropriately before court proceedings begin (if applicable), victims must decide whether they should pursue settlement negotiations or proceed straight toward trial, with guidance from their attorney at every step.

Achieving justice through financial retribution requires careful planning and meticulous preparation, but remember, you don’t have to do this alone! When faced with serious consequences following an unfortunate mishap caused by recklessness or carelessness, seeking experienced legal representation is a must.

Every case is unique, and we often achieve high-dollar settlements without going to court. That said, as experienced trial lawyers, we are more than prepared to go the distance for you. When you choose us, we’ll work tirelessly to build a case that the insurance company or a jury cannot ignore. 

Liable Parties in an Arizona Personal Injury Case

We guide you through categorizing your accident and filing a related claim. This process begins with us identifying a liable party. 

These parties can include the following:

Other drivers

Small businesses

Corporations and manufacturers

Delivery companies

Landlords

Dog owners

Public entities

When considering who to hold liable for your injury, think about who owed you a duty of care at the accident scene. All the parties mentioned above must behave reasonably to avoid harming others. This means that anything from deliberate recklessness to accidental attention slips can lead to a civil court case.

To prove liability, you or an attorney must establish a duty of care between yourself and the allegedly liable party. From there, you must use evidence to indicate that the breach of that duty of care contributed to your injuries. You may only request compensation for your losses if you can tie them back to that original duty.

Filing Your Civil Lawsuit

You can file a personal injury lawsuit if you believe someone else’s negligence contributed to your injuries. There are certain circumstances under which your right to file may be different, though. For example, after the death of a loved one, you may want to file a wrongful death action against the person you believe to be at fault.

However, only certain relatives can file a civil suit on behalf of a deceased individual. In these cases, you must be either the parent, spouse, or child of the deceased person to pursue legal action on their behalf. You can discuss your right to file with one of our Phoenix, AZ, personal injury lawyers.

You also work against a time limit when filing your personal injury claim. According to A.R.S. §12-542, Arizona imposes a strict two-year statute of limitations for filing a personal injury complaint. Barring certain exceptions, any attempt to file after this deadline may be rejected. An attorney can tell you how much time you have left to take action in your particular case.

Predicting Your Case’s Value

There’s no way to predict exactly how much financial compensation you could walk away from a case with. That said, our team has served the Phoenix area since 2003. We can look at precedent and your specific losses and provide an estimate.

Compensation estimates serve two purposes in personal injury cases. When you have an estimate to refer back to, you can enter negotiations with a firmer idea of what financial support you may qualify for. The valuation process also requires you to assess each of your losses, giving you more avenues to prove liability in court.

When requesting compensation for a personal injury case, you can include all of the following losses and potentially others in your initial complaint:

Medical bills related to your losses

Upcoming medical treatments related to essential care

Property damage

Lost wages or opportunities for work

Long-term or short-term disability

Emotional distress, including PTSD

Pain and suffering

Please keep in mind that the compensation you qualify for will depend on factors such as the circumstances of the incident and the extent of your injuries. You can schedule a free case consultation with our personal injury law firm in Phoenix, AZ, for more information about the losses that may apply to your case.

Potentially Getting Your Healthcare Liens Reduced

You may have encountered healthcare liens if you’ve been involved in a personal injury accident and sought medical treatment. These liens are legal claims by healthcare providers to recover the costs of your treatment from your eventual settlement or judgment.

While healthcare liens are a common part of personal injury cases, there are strategies for reducing them, which can ultimately increase the amount you receive in compensation.

Here are some steps to consider when working on reducing your healthcare liens:

Legal expertise: Seek the assistance of an experienced personal injury attorney who is well-versed in handling healthcare liens. An attorney may be able to negotiate your liens on your behalf.

Review lien agreements: Carefully review the agreements you signed with your healthcare providers. State law and certain language in agreements may impact their validity.

Negotiation: Attorneys skilled in personal injury cases can negotiate with healthcare providers to reduce the lien amount. Providers may be willing to lower their claims to ensure they receive payment promptly.

Subrogation rights: Determine if your health insurance plan or Medicare/Medicaid has subrogation rights, which allow them to recover the costs of your medical treatment from your settlement. Your attorney can negotiate with these entities as well.

Contingency fee arrangements: Most personal injury attorneys work on a contingency fee basis, meaning they receive a percentage of the reduced liens they secure for you. This can incentivize them to maximize savings.

Medical billing errors: Review your medical bills for errors or overcharges. Disputing inaccuracies can lead to reduced liens.

Medicare and Medicaid considerations: If you’re a Medicare or Medicaid beneficiary, there are strict rules governing how liens should be handled. Your attorney can ensure compliance with these regulations.

Liens in settlement negotiations: When negotiating a settlement with the at-fault party’s insurance company, your attorney should factor in the healthcare liens to determine a fair compensation amount that accounts for these costs.

Set-aside arrangements: In some cases, particularly when Medicare is involved, it may be necessary to establish a Medicare Set-Aside (M.S.A.) arrangement to allocate funds for future medical expenses while minimizing the impact of the lien on your settleme

Navigating healthcare liens can be complicated, but with the right legal representation, you can work toward reducing these financial obligations. Ultimately, this can lead to a more favorable outcome in your personal injury case, ensuring you receive a fair settlement or court award.

Frequently Asked Questions

As personal injury attorneys, we get a lot of questions about various aspects of personal injury law. Here are some of the more common ones: 

Can I Recover Compensation If I Was Partially to Blame for My Damages?

Arizona addresses its civil cases through the lens of comparative negligence. This means that you retain the right to financial compensation after an accident, regardless of whether or not you contributed to your own injuries.

That said, comparative negligence impacts how much compensation you can take away from a case. If you receive a settlement offer via trial, that settlement will be reduced by the percentage you contributed to your accident. For example, if you are 10% responsible for a car accident, you’ll be denied 10% of your total compensation.

That said, we can contest accusations of fault in your case. If the defense tries to argue that your contributions to an accident outweigh your losses, we’ll do our best to bring forward evidence and witnesses to pursue the financial recovery you need. Disputes over the percentage of fault underscore the importance of hiring a qualified attorney to represent you.

Should I Accept an Insurance Company’s Settlement Offer?

If you have insurance at the time of a personal injury accident, you need to file a claim with your own insurance provider. Depending on the allegations of fault, you may then receive a settlement offer from the at-fault party’s insurer. 

While these offers aren’t always made in bad faith, they can represent a company’s desire to avoid time in court.

With that in mind, do not accept a settlement offer without consulting an attorney first. We can calculate your accident’s worth and ensure an insurance company doesn’t short you.

Can I Sue My Employer for Something That Happened at Work?

If your employer pays for workers’ compensation insurance, that coverage protects them from lawsuits that might cite negligence as the cause of your injuries. As a result, bringing a personal injury lawsuit against your employer can be difficult.

Should you have concerns about your treatment in the workplace, you can file a complaint with Arizona’s workers’ compensation system. Alternatively, you can work with a personal injury lawyer to see whether a manufacturer, delivery team or another third party contributed to your workplace losses.

While you cannot bring a personal injury suit against your employer, you can bring one against a subcontractor. With that in mind, don’t hesitate to consult with a member of our team. One of our attorneys can help you determine your legal rights after a workplace accident.

Are There Caps on the Compensation I Can Receive?

Fortunately, Arizona does not place damage caps on the compensation you can receive if you win your personal injury case. With that in mind, our team fights for the maximum possible compensation for your injury.

How Do Courts Establish Liability?

To establish liability in your case, your personal injury attorney must establish a concept known as “duty of care.” You must prove that an allegedly liable party owed you a duty of care if you want to hold them accountable for your injury.

What does this process look like, though? In most cases, you can use a complaint to show the following:

The relationship you had with the allegedly liable party

The responsibility that the liable party owed you

How that party breached their duty via unreasonable behavior or neglect

The nature of the injury you suffered

Direct evidence of a correlation between the negligence mentioned above and your losses

What Are Examples of Negligence in Phoenix Personal Injury Cases?

Negligence can be deliberate or accidental. Either way, unchecked negligence resulting in personal injury can land a manufacturer, company, or similar institution in court. You’ll need to bring evidence of negligence in your complaint, negotiations, and trial to fight for financial support.

Evidence of negligence can include the following:

A defective product

Video footage of the accident

Bystander reports regarding your losses

Medical bills related to your post-accident care

Professional witness statements from parties who cared for you after an accident

A legal precedent can also help you establish your case. If the party you want to hold liable for your losses has been brought to court before, we can explore their history. We can then reference cases similar to yours when elaborating on their negligence and establishing your case for compensation.

Will My Case Automatically Go to Trial?

A personal injury case does not automatically go to trial. Instead, you must submit your complaint and wait for the county clerk to proceed. If a judge determines that you have the grounds for a case, you can move to negotiations or a trial.

In either situation, you’ll have the right to summon a liable party with legal backing. If you opt to participate in negotiations, our attorneys can arrange meetings with the liable party outside of court. We can then discuss your optimal compensation based on our estimates.

If the liable party appears uncooperative, we can move personal injury negotiations to trial. Alternatively, you can take your case straight to court. Either way, the decision of whether or not to go before a judge is up to you.

Can I Receive Punitive Damages for My Losses?

The court may award punitive damages for personal injury losses. Judges tend to assign punitive damages to cases involving gross negligence or excessive recklessness. These damages prevent the defendant and other parties from engaging in similar behavior.

That said, you may not request punitive damages in your initial complaint. These damages are only awarded at a judge’s discretion. With that in mind, please do not include them in your estimate or request them in court.

An experienced attorney from our firm can assess your case and tell you whether punitive damages are warranted.

What Happens After I Receive a Settlement?

When receiving a settlement from the defendant, you must sign a release agreement. This agreement states that your damages have been paid. Once you sign, the defendant and their insurance company will no longer owe you for your losses.

Our office will take an agreed-upon percentage of your settlement based on our contingency fee arrangement. You do not need to write a check to our Phoenix, AZ, personal injury attorneys. Instead, you can use the funds you won as you wish!

Because our fees come from your insurance settlement or court award, you don’t have to pay us out of pocket, and the check you receive is yours. 

What Is Involved in a Civil Lawsuit?

Civil lawsuits stemming from personal injuries can be complicated. To help illustrate this complexity, imagine an individual suffering due to the negligence of another party. In a typical personal injury case, the injured person may seek compensation for medical care, lost wages, or pain and suffering.

This process begins with filing a demand letter stating what happened and why the negligent party should be held financially responsible.

The next step is gathering evidence related to the incident, such as police reports, witness statements, photographs, and medical records. Once all the evidence has been gathered, it is presented in court so that a judge or jury can decide on the damages the negligent party owes.

In fatal accidents, these cases can also involve wrongful death actions against individuals, businesses, or government agencies.

What Constitutes a Personal Injury Claim?

When considering personal injury claims handled by Phoenix attorneys, they typically fall into two main categories: negligence-based tort claims and intentional torts. When someone fails to act responsibly per accepted norms, it results in harm or damage to another person. A prime example of this is distracted driving-related car accidents.

Conversely, intentional torts arise from deliberate acts of wrongdoing like assault or battery with the intent to cause physical harm.

No matter what type of claim you pursue after being harmed due to someone else’s recklessness or wrongful conduct, enlisting the help of experienced counsel can make all the difference in your case’s outcome.

Because of their knowledge and expertise in handling damages sustained in an accident, a skilled attorney could help ensure you receive fair compensation for the losses you incurred.

Types of Claims Handled By Our Phoenix Attorneys

Our attorneys handle numerous claims involving the harm that negligence by another person has caused to one’s physical, emotional, and financial well-being. From car crashes to slip-and-fall accidents, our Phoenix attorneys are experienced in helping victims receive compensation for medical bills, lost wages, and other damages arising from these incidents.

Complex Insurance Claims

In addition, our Phoenix attorneys have experience in complicated personal injury cases involving damages exceeding insurance policy limits. For instance, we may represent a client whose auto insurance policy does not cover all of the costs associated with an accident they were involved in. 

In this case, we will fight on behalf of the injured party to ensure that they receive adequate coverage for any injuries sustained during the incident.

Long-Term Conditions

Our law firm has extensive experience advocating for victims who require long-term care or recovery support for more serious injuries like spinal cord or brain trauma. Our attorneys can help families secure appropriate medical treatments for loved ones affected by catastrophic injuries and pursue settlements that address the full extent of their damages.

Wrongful Death and Other Civil Actions

Our attorneys also understand how to navigate complex laws governing wrongful death suits and other civil actions against negligent parties responsible for causing such tragedies.

Regardless of the type of claim, Zanes Law provides invaluable guidance and representation throughout every step of litigation while always keeping its client’s best interests at heart. With compassion and dedication, our legal professionals strive to protect innocent people harmed through no fault of their own. We seek full compensation whenever possible.

Is My Settlement Taxable?

A significant percentage of your Arizona personal injury settlement, including lost wages, is not taxable. Punitive damages are sometimes taxable, but it’s rare for you to receive them. With that in mind, you can enjoy your settlement without having to worry about what the next tax season looks like.

Some exceptions may modify your situation for the applicable fiscal year. If you’re unsure if your settlement falls under these exceptions, you can meet with a tax attorney and discuss the percentage of your award that you should put aside.

Does It Matter Which Lawyer I Choose?

When faced with a personal injury case, it’s important to recognize the potential for financial recovery and hire an experienced lawyer. It can be difficult to navigate the legal system alone, so having someone knowledgeable about Arizona law can make all the difference in obtaining justice.

Hiring a personal injury lawyer can be intimidating, especially when you are unsure of what to expect. Figuratively speaking, it’s like walking into the dark unknown with no flashlight and only your intuition as guidance. However, having a good attorney knowledgeable in personal law can make all the difference in your case.

Choosing a qualified attorney is essential to maximizing your chances of success in court. Not just any lawyer will do; you need someone with experience dealing with similar cases who can leverage their expertise to build a solid legal argument for you. This means researching prospective attorneys thoroughly before committing to one.

How Much Does It Cost to Hire a Personal Injury Attorney?

The truth is that many variables are at play when determining attorney fees, including location, specialty practice areas, reputation, and demand for services. Generally speaking, though, most lawyers charge either by the hour or based on contingency (i.e., settlement percentage).

Hourly rates vary greatly depending on where you live but typically range between $150 and $400 per hour, while contingency fees usually fall between 25% and 40%. It’s important to understand that these figures may be subject to change depending on the circumstances surrounding each case. 

Hence, doing research beforehand and getting quotes from different lawyers before signing anything pays off.

Extenuating Circumstances

Another factor influencing fee structures is whether or not the client has requested assistance outside of typical litigation services, such as hiring expert witnesses or providing services beyond those initially agreed upon during consultation sessions.

Ultimately, however, it’s up to both parties to decide what rate and arrangement work best for them, given all relevant information. Financial details should always be discussed between parties before engaging in any form of professional relationship.

Do I Have to Go to Court for a Personal Injury Case?

Whether you are the victim of an accident or another form of personal injury, a courtroom may become part of your legal proceedings. Understanding the possibilities and implications of your decisions when seeking relief through litigation is important.

Before deciding whether to go to court for a personal injury case, your attorney will consider the following:

The type and severity of your injuries

Your state’s laws on personal injury cases

Possible outcomes if going to court

The cost of pursuing a lawsuit

Competing interests from other parties involved in the incident

Legal Process

With these points in mind, let’s look at what could happen if you decide to pursue justice by proceeding with litigation. If both parties agree not to file a suit and accept mediation as an alternative way to settle the dispute, then there may be no need for court involvement.

However, if one party does not comply with their obligations under the agreement, the only recourse available may be filing a lawsuit. In this situation, the plaintiff must present evidence to prove their claim before a judge or jury to get the maximum compensation available.

Case Length

When reaching a verdict, both sides will argue and attempt to persuade the judge or jury that their version of events is correct. Depending on how complicated your case is and any disputes between the parties involved, it can take weeks or even months before all witnesses have been heard and deliberation has been completed.

Personal injury cases tend to move quickly compared with other types of civil lawsuits because damages must be assessed promptly due to medical expenses and lost wages from missed work days during recovery time.

How Long Do I Have To File a Legal Claim?

When filing an Arizona personal injury claim, understanding how long you have is key. The time frame for filing a claim varies depending on the type of case and the state in which you live, but all states impose deadlines on legal actions. In Arizona, claimants generally have two years to file a personal injury lawsuit after an accident or injury.

It’s important to note that this two-year period generally applies. However, there are exceptions that could extend the deadline. If the injured party was a minor, that individual may be able to pursue damages in court even after the two-year window closes.

Additionally, there can be differences based on other factors, like if a government agency caused harm due to its employees’ negligent behavior. Some cases also involve medical malpractice claims, which might require specialized advice from experts who understand Arizona laws related to these types of lawsuits.

The bottom line is that taking swift action when filing an Arizona personal injury claim is essential so you don’t miss out on potential compensation. Contacting a qualified attorney is wise because they will know the steps to protect your rights and maximize any settlement amount or award received through court proceedings.

What Damages Can I Recover After Being Injured?

If you have suffered a personal injury, it’s important to understand what types of damages you can recover in a legal claim. It can be overwhelming to try and make sense of the options available, but understanding them will help ensure that your case is as strong as possible.

Let’s examine some typical types of compensation for those who have suffered a personal injury:

Monetary Damages

The most obvious form of recovery for those who have experienced harm due to someone else’s negligence or recklessness is medical costs associated with treating injuries sustained during the accident.

These expenses vary widely depending on the extent and duration of care required. Additionally, any lost wages due to missed work days from the incident may be recovered to compensate victims financially for their time away from employment.

Non-Economic Damages

Non-economic damages, such as pain and suffering, are also typically considered when determining how much money should be awarded in a civil lawsuit related to an injury caused by another person’s conduct.

Emotional distress from physical trauma often falls under the mental anguish category, which is also non-economic. When awarding this damage award, the court considers various factors such as past experiences, age, and other details so that each victim receives fair compensation based on their circumstances.

Victims must provide evidence demonstrating how their ordeal has impacted them emotionally before defendants or insurers make any payment. An experienced attorney can explain your eligibility for these damages based on your case’s circumstances.

Punitive Damages

Punitive damages may sometimes be rewarded if intentional misconduct or gross negligence is involved. Also known as exemplary damages, punitive damages serve as punishment for wrongdoing and deter similar actions in the future. That said, they are not applicable in most personal injury cases.

Unique Circumstances

It is important to remember that every case is different. As a result, multiple potential legal remedies may require consideration in your personal injury claim. Your attorney can help you determine whether you have a solid case and whether or not filing a suit would be appropriate. 

They can also look at precedent to find out how Arizona courts have handled similar cases in the past.

Consulting with a qualified attorney familiar with local regulations can help you navigate your case far more effectively and efficiently than if you attempted to represent yourself. 

What Is Arizona’s Comparative Negligence Rule?

Arizona is one of the few states that has adopted a modified hybrid form of comparative negligence. This means that if an injured victim is found to be partially at fault for their own injuries, they may still be able to recover financial compensation from those primarily responsible, even if it’s only a percentage of the total damages.

Many personal injury cases involve some level of shared responsibility between two or more parties. When assessing liability in any given case, courts consider whether someone involved had a duty of care towards another person and how much control over the situation each party had before the incident occurred.

Generally speaking, under this rule, anyone greater than 50% responsible for an incident cannot receive compensation from any other party. If both parties share equal percentages, neither will collect anything. This is where hiring an attorney can make a huge difference in the outcome of your case. An experienced lawyer will work to ensure fault is assigned accurately.

When a Plaintiff Can Seek Damages

Suppose a plaintiff can prove they were not substantially at fault (equal to or less than 49%). In that case, they may have grounds to seek financial and nonfinancial damages related to medical expenses, lost wages, pain and suffering, emotional distress, or disability costs, as well as property damage caused by the defendant(s).

Our Phoenix team understands these complexities and will work tirelessly on your behalf to ensure you get the best possible insurance settlement or outcome in court.

We’re dedicated to getting you justice and helping ensure your needs are met long after your case is closed. We will work hard to make sure you don’t miss out on any money owed due to Arizona’s unique interpretation of comparative negligence law.

How Do I Know If I Have a Valid Claim?

When it comes to personal injury claims, potential claimants are often unsure whether they have a case for compensation. Considering legal action for an injury sustained through no fault of your own can feel overwhelming and intimidating. Determining whether you have a valid claim is the first step in gaining access to much-needed financial compensation.

So, how do you know when you should pursue a personal injury claim? Generally speaking, any situation where someone else’s negligence has caused physical, emotional, psychological, or financial harm is grounds for seeking damages from that person or entity.

If your injuries were caused by another’s careless actions (or inaction), then there is likely cause for filing a lawsuit. Examples include medical malpractice, car accidents, premises incidents, defective products causing harm, or wrongful death cases due to negligence.

Necessary Elements

In addition to proving negligence on behalf of the other party involved, certain criteria must also be met for a successful outcome of your personal injury claim:

Evidence must clearly show that the liable party was directly responsible for causing the accident or injury.

Reasonable proof must indicate that the injured individual suffered losses due to their injuries.

Sufficient documentation showing these losses must be submitted to the court at trial.

An Attorney Can Help

The above elements are just some of the factors that will determine whether you have a valid personal injury claim. Consulting with experienced attorneys specializing in such matters can provide clarity and direction throughout this process.

A lawyer knowledgeable about Arizona law could answer more specific questions related to Phoenix area residents looking into possible claims resulting from physical injuries incurred due to another person’s carelessness or recklessness.

With professional insight and guidance at every step, those considering legal action can move forward confidently, knowing all aspects of their case are being addressed correctly and thoroughly. Our team is here to provide peace of mind while protecting your rights under Arizona law.