It feels like accidents only happen to other people – until they happen to you. We know that anyone can become the victim of someone else’s negligence. That’s why our personal injury lawyers give you the means to fight for the post-accident financial support you need to recover.
Zanes Law’s personal injury lawyers in Phoenix have represented victims in thousands of cases. When you schedule a consultation with us, you benefit from years of practical experience and a team that cares about your well-being.
Many victims who are injured think that hiring the Phoenix, AZ, personal injury lawyers at Zanes Law is too expensive. However, each injury accident attorney in our firm takes cases on a contingency fee basis. This means that we are only paid a fee if we win your case. If we do not get you compensated for your injuries, you will not owe us a fee.
What qualifies as a personal injury accident? Any incident that sees you suffer a loss due to someone else’s negligence. Our law firm helps you address cases involving:
Defining negligence in any of these cases can be tricky. That’s why you don’t have to do it alone. Bring your losses to one of our attorneys. During an initial case consultation, we can discuss the circumstances that led to your injury. By assessing video footage and eye witness reports, we can determine if you have a personal injury case on your hands.
The legalities of a personal injury accident can seem complicated at first. They become more understandable when you have a Phoenix, AZ, personal injury attorney on hand. When you work with our team, you can count on us to:
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.
We guide you through the process of both categorizing your accident and filing a related claim. This process begins with us identifying a liable party. These parties can include:
When considering who to hold liable for your personal injury, consider who bore you a duty of care at the scene of your accident. All the aforementioned parties – and more – must behave reasonably when out and about. This means that both deliberate recklessness and accidental slips of attention can lead to a civil court case.
To prove liability, both you and 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.
You are free to file a personal injury case 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, the death of a loved one can see you want to file a civil claim against the person you believe to be at fault.
However, only certain relatives can file a personal injury claim on behalf of a deceased individual. In these cases, you must be either the parent, spouse, or child of the deceased individuals to pursue legal action on their behalf. You can discuss your right to file with Phoenix, AZ, personal injury lawyers.
You are also working against a time limit when filing your personal injury claim. According to A.R.S. §12-542, Arizona allows its residents to take up to two years to file their personal injury complaints. Any attempt to file a complaint outside of this deadline may be rejected. That said, you can work with an attorney to discuss alternative statutes that may apply to your case.
There’s no way to predict exactly how much financial support you could walk away from a case with. That said, our team has served the Phoenix area since 2003. We can look at precedent as well as your specific losses and develop an estimate related to your case.
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 deserve. Compensation estimates also require you to assess each of your losses, thereby giving you more avenues through which to prove liability in court.
When requesting compensation for a personal injury case, you can include all of the following losses in your initial complaint:
For more information about the losses that may apply to your case, you can schedule a case consultation with the personal injury lawyers in Phoenix, AZ.
It’s difficult to predict how long a personal injury case may last. If you choose to negotiate with a liable party for compensation, you may receive compensation within weeks of your injury. Alternatively, cases that go to trial tend to take longer.
That said, you shouldn’t choose a path to compensation based on the amount of time it takes for you to receive financial support. Instead, talk to our attorneys about your immediate needs. Because we operate on contingency, you won’t have to worry about legal bills stacking up over time.
Instead, we’ll lay out a rough schedule depicting what you should expect from negotiations, a trial, or some combination thereof. While the schedule may not be exact, we’ll update you as to when circumstances change.
Doug Zanes has served Phoenix, AZ, as a personal injury and accident attorney since 1997. He operates the Phoenix office on N 42nd Street and E Thomas Road, which is centrally located in the Phoenix/Scottsdale/Tempe area, ensuring that locals can access expert personal injury services at the drop of a hat.
Zanes is joined by a team of personal injury lawyers with over 80 years of combined experience. Each accident attorney strives to help clients achieve full compensation for their pain, suffering, and related losses.
Are you ready to bring a personal injury case to court? Contact us to learn more about the services that our personal injury attorneys in Phoenix, AZ, at Zanes Law Injury Lawyers provide.
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 does impact how much compensation you can walk away from a case with. If you receive a settlement offer via a trial, that settlement will be reduced by the percentage which you contributed to your accident. For example, if you are ten percent responsible for a car accident, you’ll be denied ten percent of your total possible 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 bring forward evidence and witnesses to help you get the financial support you need.
If you have insurance at the time of a personal injury accident, you need to file a claim with your provider. Depending on allegations of fault, you may then receive a settlement offer. 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 the full worth of your accident and make sure that an insurance provider hasn’t shorted you.
If your employer pays for workers’ compensation insurance, that coverage protects them from any lawsuits that might cite negligence as the cause of your injuries. In turn, it’s difficult to bring a personal injury lawsuit against your employer.
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 other third party may have contributed to your workplace losses.
While you can’t bring a personal injury suit against your employer, you can bring one against a subcontractor. With that in mind, don’t hesitate to sit down with our team. We can help you determine what your legal rights look like after a workplace accident.
Arizona does not place damage caps on the compensation you can receive if you win your personal injury case. With that in mind, the Zanes Law team fights for the maximum possible compensation related to your injury.
To establish liability in a personal injury case, your personal injury attorney in Phoenix needs to elaborate on 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 personal injury.
What does this process look like, though? In most cases, you can use a complaint to elaborate on the:
Negligence can be deliberate or accidental. Either way, unchecked negligence that results in your personal injury can land a manufacturer, company, or similar institution in court. You’ll need to bring forward evidence of negligence in your complaint, negotiations, and trial if you want to fight for financial support.
Evidence of negligence can include:
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 both elaborating on their negligence and establishing your possible compensation.
A personal injury case does not automatically go to trial. Instead, you need to submit your complaint and wait for a county clerk to move it forward. If a judge determines that you have the grounds for a case, you can then move either to negotiations or a trial.
In either case, you’ll receive 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 out of court. We can then discuss your optimal compensation based on our established estimates.
We can move personal injury negotiations to trial if it appears that the liable party is uncooperative. Alternatively, you can take your case straight to trial. Either way, the decision of whether or not to go before a judge is up to you.
You can receive punitive damages for personal injury losses. Judges tend to assign punitive damages to cases involving gross negligence or excessive recklessness. In turn, these damages are designed to prevent both the defendant and other parties from engaging in similar behavior in the future.
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, do not include them in your estimate or request them in court.
After receiving a settlement from the defendant, you must sign a release agreement. This agreement states that your damages have been paid. In turn, the defendant and their insurance company will no longer owe you for your losses.
From there, you can look to your contingency fee agreement. Our office will take an agreed-upon percentage of your settlement. That said, you do not need to write our Phoenix, AZ, personal injury attorneys a check. Instead, you are free to use the funds you won as you wish!
A significant percentage of your Arizona personal injury settlement, including lost wages, is not taxable. Punitive damages are 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 next tax season looks like.
That said, there are some exceptions that may modify your settlement come the next fiscal year. If you’re not sure if your settlement falls under these exceptions, you can meet with a tax attorney and discuss what percentage of your support you may want to put aside.
Any personal injury claim will involve two things:
Each of these requires someone with experience. There is no legal requirement that forces you to hire an attorney. However, you find yourself ineligible for financial compensation if you do not heed the legal rules and deadlines for filing a lawsuit.
Our personal injury lawyers could gather the evidence that you need to show that someone else was negligent in your case. Then, once you show that you deserve compensation, we can negotiate the best settlement agreement for you. If that is not possible, we could file a lawsuit in your case.
This is a matter of an attorney’s experience and how they work with you. For example, if you have a possibly large claim, you might rather work with someone who you know has handled big cases. These claims have different considerations, and they could be a much harder fight than the average personal injury case. You would not want to hire a small claims lawyer in a million-dollar car crash case. Zanes Law Injury Lawyers have helped clients with sizable personal injury cases, and we can help you.
In addition, you should also find an attorney with a style that you could deal with for what could be years. To be clear, you do not need to, nor would you be, best friends with your lawyer. Nonetheless, you are trusting this person with what could be your financial future. You are also counting on your attorney to defend you at depositions and during possible cross-examination at trial. Make sure that this is someone with whom you could form a good working relationship that could withstand a contested case.
Arizona law follows the principles of comparative negligence. This means that both parties to an accident have some right to financial compensation depending on their share of the blame for what happened. Many states bar you from recovery if you are more than half to blame, but Arizona is different.
In Arizona, if you suffered injuries as a motorcyclist who was in an accident speeding down I-10, you may still receive some payment for your injuries as long as someone else was even partially to blame.
This is why you should always call Zanes Law Injury Lawyers for a free consultation no matter what happened. We can determine if you have the right to seek any financial recovery for your losses.
Of course, you would need to go over the specifics of the settlement offer to see if accepting it is in your best interests. However, we would strongly caution you against falling into the trap of being grateful for whatever the insurance company offers. If the insurance company is putting a possible settlement in front of you, there is a reason for it. Chances are that adjusters are trying to save money from what they think your claim is really worth. Their initial settlement offer may be a low one with which they intend to test you or drag things out further.
This is why you always need an attorney to evaluate a settlement offer that you receive. Your attorney also has a good idea of what your claim is worth, and they would advise you whether this particular offer is close to fair value.
Arizona has a workers’ compensation system that handles almost all workplace injuries. This replaces the personal injury legal system in many cases. The employer must pay for workers’ compensation insurance. In turn, they are relieved from the possibility of having to face negligence lawsuits. In Arizona, there are almost no exceptions to this rule.
Before you give up on the possibility of filing a lawsuit for a work-related injury, you should see if there is a third party who might be to blame for your injuries. This could be the case if there was a subcontractor responsible for your injuries or if your injuries happened due to defective tools or work equipment.
Some states have damage caps that could limit your recovery in a personal injury case. For example, they try to limit the amount that you could recover for things like pain and suffering. The good news for Arizona plaintiffs is that there are no damage caps in the state. This means that you can receive compensation for the exact amount of the harm that you suffered without limits from arbitrary caps under the law. In fact, the Arizona Constitution specifically prohibits any damage limits.
The common question in a personal injury case was whether someone was negligent. This is a legal term that is often used but not always understood. Just because someone was involved in an accident does not always make them responsible for what happened. Instead, there is a four-part test that every jury would use to decide liability.
The steps are
Negligence applies to all personal injury actions. Here are some examples of things that a jury may find to be negligence:
In each of these cases, a possible defendant acted unreasonably. For example, a reasonable driver would keep both eyes on the road when they are behind the wheel.
In most cases, the jury will use a negligence analysis for your personal injury claim. In some cases, the jury will apply a “strict liability” standard. For example, in dog bite cases and some product liability cases, the jury will not be interested in knowing whose fault the accident was.
The mere fact that it happened would put the burden on the defendant to show why they should not pay for damages. Then, they would need to show that the plaintiff caused their own injuries. However, an overwhelming majority of cases will follow the standard four-part negligence test to determine liability.
Personal injury law demands that the defendant pay you for what you suffered. The process aims to restore you to where you were at the moment before your injuries. Of course, it is not possible to undo the damage caused, so the law uses money to substitute for it.
In any personal injury case, you should receive economic and non-economic damages. Economic damages pay you back for the money that you directly lost or that you could have made if not for the accident. Non-economic damages pay for what you go through because of your accident.
You could pursue compensation for:
When you settle your case, you are legally entitled to recover everything that you lost, both in the past and the future. This is why you need an attorney who knows what your case is worth. You cannot go back and get more money if you accept a settlement offer that is too low. You have one chance to think ahead for what could be the rest of your life.
Punitive damages are what could significantly increase your recovery in a lawsuit. They are how the law allows a jury to send a message to the defendant that their behavior was extremely wrong. Usually, you would find punitive damages when there has been intentional or extremely reckless behavior.
Punitive damages are very rare in a personal injury case. First, you will not receive these in an insurance settlement. Second, these damages usually happen in extreme cases like a drunk driving case or a product liability claim where the defendant knew that they were selling a defective item. Nonetheless, we will investigate your claim, and we will not hesitate to seek punitive damages if the defendant’s conduct was bad enough.
Not necessarily. You have the option to negotiate with the defendant’s insurance company first after filing a claim. In many cases, this is how personal injury cases resolve, and there is no need for a court case. Litigation is often necessary in personal injury cases because that is the way that you can put pressure on the insurance company to make a reasonable offer. They will not make you their best offer at first or even on their second and third attempts.
Filing a lawsuit does not guarantee that you will have a trial. Most parties to a lawsuit will continue to negotiate throughout the case. They may reach a settlement agreement at any point right up until when the jury makes a decision. In fact, an actual hearing is very rare in a personal injury case. Statistics show that only a small percentage of cases will go all the way to a trial. This does not ensure that you receive a settlement, but the odds are in your favor when you file a lawsuit.
There are a couple of things that happen before you cash your check. In exchange for the settlement check, you will need to sign a release agreement. This releases the defendant and their insurance company from any future liability in your case. This is why you need to get enough money now.
Then, your attorney would receive payment out of the proceeds of your settlement. Of course, you do not owe them anything if you are not successful in your case. If you do receive a settlement, the predetermined amount goes directly to the attorney, so you do not need to write them a check.
Again, there is some good news for personal injury claimants. When you get a settlement check or a jury award, the award is generally not taxable. Even lost wages that you would have earned in the future are tax-free. Punitive damages would be taxable, but chances are that you would not ordinarily receive them in a personal injury case anyway. There are some limited exceptions to the rule of your settlement being tax-free, so you may also want to consult a tax attorney if you expect a large settlement.