Crush accidents are often catastrophic, resulting in long-term injuries, disability, and death. While every case is unique, crushing injury claims are typically worth significantly more than claims for less traumatic injuries. Because the stakes are so high, insurance companies often fight to avoid paying full compensation to the victim.
When the unthinkable happens, you need an experienced attorney on your side. If you or a loved one suffered a devastating crush injury due to someone else’s negligence, you might be able to file a lawsuit to cover your damages. Our Tucson crushing injury attorneys at Zanes Law are here for you and can evaluate your case for free.
Why Crush Accident Victims Need a Lawyer
Extreme pressure against a body part can result in debilitating, long-term damage. For instance, many people who suffer a crush injury to a limb have to get it amputated, and others are left with paralysis and other severe impairments. Sadly, many victims do not survive.
Crush injuries are obviously severe; however, recovering fair compensation in a personal injury case can be difficult. Negligent parties and their insurers often do whatever they can to escape liability. Crushing accident victims could greatly benefit from the representation of an experienced personal injury lawyer who can evaluate their claim and determine its full value.
An insurance company may contact you with a settlement offer, hoping you will settle quickly and for less money than the case is worth. Insurance companies are notorious for trying to avoid paying large settlements, and the amount they offer may not come close to covering your many accident-related expenses.
For a free legal consultation with a crushing injury lawyer serving Tucson, call 866-499-8989
Presenting a Strong Case After a Crushing Accident
Crushing injuries can affect victims in many ways. Often a person may not know the full extent and impact of an injury right away. As experienced personal injury lawyers, we take the time to understand how your injury will impact you both now and in the future.
Factors in your claim include:
- The level of care you currently need and will need
- The presence of chronic pain
- Loss of the use of a body part
- Permanent disability
Our Tucson crushing injury attorneys can investigate the incident and determine the type and level of compensation you will need to recover. We can then negotiate with the other party on your behalf. If we are unable to negotiate a fair settlement, we are more than prepared to take your case to court and fight for you there.
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Compensation for Damages Stemming From a Crushing Injury
Because crushing injuries can cause long-term complications, the associated medical costs are remarkably high. In addition to paying for expensive treatments, you may lose income from missing work. It’s also possible you will experience:
- Pain and suffering
- Scarring and disfigurement
- Post-traumatic stress
- Permanent disability
If you’re filing a wrongful death lawsuit after losing a loved one, you may be able to claim damages for:
- Funeral and burial expenses
- Your own lost wages
- Your own pain and suffering
A Tucson crushing injury attorney can evaluate your case to determine which damages might apply for your injury and calculate them accordingly.
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Filing a Wrongful Death Lawsuit in Arizona
After the tragic loss of a loved one to a crush injury, families will need to decide who will be filing the wrongful death claim. Arizona courts have crowded dockets and will only allow one wrongful death claim for the deceased.
Who Can File a Wrongful Death Claim
Arizona law dictates the order of precedence for who can file a wrongful death lawsuit as set forth in Ariz. Rev. Stat. § 12-612.
The decedent’s surviving spouse has the first right to file the claim. Suppose there is no spouse. In that case, the right shifts to the decedent’s children. If there are no children, the surviving parent or guardian has the legal right to file the claim. The decedent’s representative can file if none of the above family members exist.
Proving Negligence in a Wrongful Death Case
When proving negligence in a wrongful death claim, the burden of proof is always on the plaintiff. The plaintiff must connect the defendant’s breach of duty with the decedent’s death. This step usually requires proving that the defendant’s actions resulted in the person’s death or that the person would not have died if the defendant had acted differently.
In other words, the injured victim must show that the defendant did something they shouldn’t have done or failed to do something a reasonable person would have done and that their action or inaction caused the death of your family member. Enlisting the help of an experienced wrongful death lawyer is vital in these complex cases.
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The Statute of Limitations in Arizona
Please understand that there are timelines for filing personal injury and wrongful claims in Arizona as outlined in ARS § 12-542. Although rare exceptions exist, the statute of limitations in our state is two years from the date of the incident.
Suppose a personal injury victim in Arizona does not file a lawsuit within the two-year time limit. In that situation, their case will typically be thrown out, and they will lose their chance of recovering compensation.
Keep in mind that if there are insurance companies involved in the claim, the insurer will also have specific reporting deadlines that could be just a couple of days after the injury takes place. It is crucial to file these claims as soon as possible with the appropriate insurance company or companies.
A Tucson Crushing Injury Attorney Can Review Your Case
If you or a loved one is suffering from a crush injury, our team at Zanes Law will be happy to review your case. Our knowledgeable and skilled personal injury lawyers can investigate your case, negotiate with the at-fault party’s insurance carrier, and, if necessary, litigate your case in the Arizona court system.
Our Tucson crushing injury lawyers are committed to providing clients with aggressive representation to help them achieve the outcome they deserve. Let us help you so that you can move forward with your life. Contact us today for a free consultation.
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