Arizona

Free Consultation

Consulta gratuita

  • This field is for validation purposes and should be left unchanged.
  • This field is for validation purposes and should be left unchanged.
"My wife and I found Torgenson Law the beginning of 2023. Hunter and his colleagues were very easy to work with! They knew exactly how to address our problems and that made me feel very comfortable. This is a Professional Team that I highly recommend. Thank You for all your help." "Mi esposa y yo encontramos Torgenson Law a principios de 2023. Fue muy fácil trabajar con Hunter y sus colegas. Sabían exactamente cómo abordar nuestros problemas y eso me hizo sentir muy cómodo. Este es un Equipo Profesional que recomiendo altamente. Gracias por toda su ayuda." Stephen K. Read our 5 Star Google Reviews Lea nuestros comentarios de 5 estrellas en Google

Goodyear Personal Injury Lawyers

Determining if a personal injury was caused by the fault of others involves a combination of legal principles, the specifics of the incident, and evidence gathered. It generally revolves around establishing the presence of negligence, breach of duty, and causation.

Here’s a simplified breakdown:

First, it must be established that the defendant (the party being accused of fault) had a duty of care towards the plaintiff (the injured party). This means the defendant was in a position where they were expected to act in a certain way to avoid causing harm to others.

Once a duty of care is established, it must then be proven that the defendant breached that duty. This involves showing that the defendant failed to act as a reasonably prudent person would have under similar circumstances.

After establishing a breach of duty, it must be proven that this breach directly caused the injury to the plaintiff. This is often where causation comes into play, meaning the plaintiff has to show that “but for” the defendant’s actions or inactions, the injury would not have occurred.

Finally, it must be shown that the plaintiff suffered actual damages as a result of the breach. This could include medical expenses, loss of earnings, pain and suffering, and other losses.

Since personal injury law can be complex and varies significantly between jurisdictions, consulting with the Goodyear personal injury lawyers at Torgenson Law is advised to assess fault and the viability of claims. Our attorneys can provide guidance specific to Arizona laws and help collect and present evidence to support your case.

What Is a Personal Injury?

In Arizona, the law defines a personal injury as harm caused to an individual’s body, mind, or emotions, as opposed to damage to property or reputation. Personal injury claims are a form of civil lawsuit where the injured person (plaintiff) seeks compensation from another person, company, government agency, or entity (defendant) alleged to be responsible for the injury through negligent, reckless, intentional, or otherwise wrongful conduct.

For purposes of filing a claim for damages, personal injury can encompass a wide range of incidents, including but not limited to:

  • Accidents. Situations where the injury was caused unintentionally, often due to someone’s negligence. Common examples include car accidents, slips and falls, medical malpractice, and workplace injuries.
  • Intentional Acts. Cases where the injury was caused on purpose, such as assault and battery.
  • Defective Products. When an injury results from a product that is defective, improperly labeled, or inherently dangerous.
  • Medical Malpractice. An injury resulting from a medical professional’s or institution’s negligence or misdiagnosis.

To file a claim for damages and successfully recover financial compensation, the plaintiff typically needs to establish several key elements:

  • Duty of Care
  • Breach of Duty
  • Causation
  • Damages

The specifics of what constitutes a personal injury and the requirements for filing a claim can vary significantly between jurisdiction and events on the ground. It’s always advisable to consult legal guidance for situations specific to individual circumstances.

The Benefits of Hiring a Personal Injury Attorney

Hiring a personal injury lawyer after an accident or injury caused by someone else can significantly impact the outcome of your case. Here are the benefits of having a personal injury attorney by your side:

Personal Injury Law Experience

Lawyers specializing in personal injury law have a deep understanding of the legalities involved, including statutes of limitations, negligence, liability, and compensation calculations. Their experience can help navigate the complex legal system effectively.

Higher Compensation

Studies and past cases generally show that individuals who hire personal injury lawyers receive higher compensation than those who don’t. Lawyers know how to accurately value your claim, considering your injuries, pain, suffering, lost wages, and other damages.

No Upfront Costs

Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement motivates them to secure the best possible settlement for you.

Negotiating Skills

Insurance companies are in the business of minimizing payouts. A seasoned personal injury lawyer has experience negotiating with insurance companies and can counter their tactics, ensuring you receive a fair settlement.

Saving Time and Reducing Stress

Handling personal injury claims requires a lot of time and effort, including gathering medical records, reviewing police reports, communicating with insurance companies, and more. A personal injury lawyer can handle all these tasks, allowing you to focus on your recovery.

Objective and Professional Advice

It’s easy to make emotional and rash decisions when you’re suffering from an injury. A lawyer offers objective advice about your case, helping you make informed decisions without the influence of emotions.

Litigation Experience

If your case goes to trial, having an experienced litigator by your side is crucial. Personal injury lawyers are skilled in courtroom procedures and can ensure that your case is effectively presented to a judge and jury.

Access to Resources

Personal injury lawyers often have a team of investigators, medical experts, and other professionals they can call upon to strengthen your case. These resources can be vital in proving negligence and the extent of your injuries.

Alternative Dispute Resolution

Not all personal injury cases need to go to court. A skilled lawyer can guide you through alternative dispute resolutions like mediation or arbitration, which can be less costly and time-consuming.

Peace of Mind

Finally, having a knowledgeable and experienced professional handle your case can provide significant peace of mind during what is often a difficult and stressful time in your life.

Do I Have a Personal Injury Claim?

Determining if you have a personal injury claim from an accident involves a few key factors. It’s important to evaluate the circumstances surrounding the accident, the extent of your injuries, and the laws in your jurisdiction. Generally, the process to determine if you have a viable personal injury claim involves considering the following elements:

Duty of Care

Establish whether the party you believe is responsible for your injuries (the defendant) owed you a duty of care. This means determining if they had a responsibility to act in a certain way to avoid causing harm to others. For example, drivers have a duty of care to operate their vehicles safely to prevent accidents.

Breach of Duty

After establishing that a duty of care exists, you need to demonstrate that the defendant breached this duty. A breach occurs when the defendant fails to meet their required standard of care. Using the driving example, a breach could be something like breaking traffic laws, driving under the influence, or engaging in reckless driving behaviors.

Causation

You must prove that the defendant’s breach of duty directly caused your injuries. This means showing a direct link between the breach of duty (e.g., reckless driving) and the harm you suffered.

Damages

You must have suffered actual damages as a result of the accident. Damages can include physical injuries, property damage, medical expenses, lost wages, pain and suffering, and other losses.

Steps to Take:

  • Seek Medical Attention
  • Alert Law Enforcement
  • Document Everything
  • Gather Witness Statements
  • Obtain Legal Consultation
  • Be Aware of the Statute of Limitations

Remember, each personal injury case is unique. While the above steps provide a general guideline, the specifics of your situation can significantly influence the viability of your claim. A consultation with the Goodyear personal injury lawyers at Torgenson Law can help clarify these issues and advise you on the best course of action based on Arizona state law and the details of your case.

Compensation Available in a Goodyear Personal Injury Case

In Arizona, if you’ve been injured due to someone else’s negligence or intentional actions, you may be eligible to receive compensation through a personal injury claim. The Arizona legal system allows for the recovery of various types of damages, which can be categorized into economic and non-economic damages. In certain situations, punitive damages may also be awarded. Here’s a breakdown of what Arizona allows as compensation in a personal injury claim:

Economic Damages

These are compensations for financial losses that are directly related to the injury. This can include but is not limited to:

  • Medical expenses. This covers both current and future medical treatments, surgeries, hospital stays, medications, medical accessories (like crutches or wheelchairs), and rehabilitation.
  • Lost wages. If the injury has caused you to miss work, you can be compensated for the wages you’ve lost.
  • Lost earning capacity. If your ability to earn money in the future has been compromised due to the injury, you can seek compensation for future lost wages.
  • Property damage. If personal property was damaged as a result of the incident that caused your injury, you can be compensated for repair or replacement.

Non-Economic Damages

These are compensations for losses that aren’t easily quantifiable or don’t have a direct financial impact. They include:

  • Pain and suffering. This covers physical discomfort and emotional distress that results from the injury.
  • Mental anguish. For emotional suffering that can include anxiety, fright, depression, grief, or feelings of distress.
  • Loss of enjoyment of life. If your injury prevents you from enjoying day-to-day activities and hobbies that you once participated in.
  • Loss of consortium. Compensation is awarded to the spouse or close family members for the loss of companionship and other benefits of a family relationship due to the injuries.
  • Punitive Damages. While not as common, punitive damages may be awarded in cases where the defendant’s actions were particularly reckless, malicious, or egregious. These are not designed to compensate the victim but rather to punish the defendant and deter similar behavior in the future.

It’s important to consult with a qualified personal injury attorney in Goodyear who can advise you on your rights and help you maximize your compensation. Remember, there are statutes of limitations that apply to filing personal injury claims in Arizona, typically two years from the date of the injury, but this can vary depending on the specifics of the case.

Types of Cases We Most Commonly See in Goodyear

Personal injury cases that may qualify for a claim of compensation typically involve situations where an individual has suffered physical or psychological harm due to the negligence or intentional wrongdoing of another person, company, government agency, or other entity. Compensation claims can cover a wide range of incidents and injuries, including, but not limited to:

Motor Vehicle Accidents

This is one of the most common types of personal injury cases. If you are injured in a car, motorcycle, truck, or any other type of motor vehicle accident due to someone else’s negligence, you may be entitled to compensation for your injuries and losses.

Slip-and-Fall Accidents

Property owners or renters have a legal duty to keep their premises safe for visitors. If you get injured because of a slippery floor, uneven sidewalk, or any hazardous condition on someone else’s property due to their negligence, you might have a valid slip-and-fall claim.

Workplace Accidents

Workers who are injured on the job may have a claim for worker’s compensation and, in some cases, may also have a personal injury claim against third parties (not their employer) who are responsible for their injuries.

Product Liability

If a defective or dangerous product injures you due to poor design, manufacturing defects, or inadequate instructions/warnings, you may have a product liability claim against the manufacturer, retailer, or distributor.

Dog Bites

Many jurisdictions in Arizona have laws that hold pet owners responsible if their animal injures someone. The specifics can vary widely, but if you are bitten or otherwise injured by someone else’s dog, you may have a claim for compensation.

Assault, Battery, and Other Intentional Torts

Unlike most personal injury claims, which are based on negligence, intentional torts involve cases where someone intentionally harms another. Victims of assault and battery, for instance, can seek compensation through civil lawsuits in addition to any criminal charges the perpetrator may face.

Gun Injuries

Gun-related injuries can often happen due to accidental shootings or intentional violence. Accidental shootings account for a large portion of these cases and commonly happen from the improper storage, handling, or maintenance of firearms.

Wrongful Death

If someone dies due to the negligence or misconduct of another person or entity, the deceased’s surviving relatives may be able to file a wrongful death lawsuit seeking compensation for their loss, including losses like funeral expenses, loss of companionship, and lost income of the deceased.

Why Call Torgenson Law?

The ability to successfully claim compensation depends on various factors, including the jurisdiction’s specific laws, the circumstances of the incident, the severity of the injuries, and the ability to prove the other party’s fault. It often involves navigating complex legal rules and procedures, so it’s beneficial for individuals seeking compensation to consult with the Goodyear personal injury lawyers at Torgenson Law who can provide advice based on their specific situation.

For Any Type of Personal Injury, Call Torgenson Law

We have been providing legal representation to Goodyear residents for many years. If you or a loved one has been injured or harmed because of the negligence of another, call us for a free case evaluation. Our experienced and skilled litigators will work with you to uncover the facts of your case and gather the evidence required to make sure your rights are protected.

At Torgenson Law, we offer Goodyear residents a free consultation to explain what is required to make a successful case for compensation for injuries and damages. We evaluate the unique circumstances surrounding your accident and guide you along the best path forward. Our entire team is committed to securing justice for your damages. For a free and confidential case evaluation, contact us online or call 602-726-0747.