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Peoria Personal Injury Lawyers

If you’ve been injured through the negligence of another, you have the right under Arizona law to seek compensation for your injuries and damages. For a free case evaluation contact the Peoria personal injury lawyers at Torgenson Law. We will evaluate your case, make a determination of fault, and help you build a strong case for compensation.

What Is Considered a Personal Injury?

A personal injury refers to harm or damage that an individual suffers to their body, emotions, or mind, as opposed to damage to property. This term is commonly used in legal contexts, particularly in tort law, where it forms the basis of personal injury lawsuits.

Such injuries can result from a wide variety of scenarios, including but not limited to:

  • Vehicle Accidents. This is one of the most common sources of personal injuries. Individuals involved in car, motorcycle, bicycle, or pedestrian accidents may sustain injuries ranging from minor bruises to severe, life-altering conditions.
  • Workplace Accidents. Injuries occurring at the workplace, which can span from slips, trips, and falls to more severe industrial accidents, especially in heavy machinery, construction, or hazardous material handling sectors.
  • Slip and Fall Accidents. These incidents happen when an individual falls and injures themselves on someone else’s property due to hazardous conditions, such as wet floors, poor lighting, or uneven surfaces.
  • Product Liability. Refers to injuries caused by defective or dangerous products. Manufacturers, distributors, suppliers, and retailers can be held liable if their product is found to be unsafe.
  • Assault and Battery. Although falling under criminal law, victims of assaults can also pursue civil personal injury lawsuits against their assailants for the physical and emotional injuries sustained.
  • Animal Bites. Owners can be held liable for injuries caused by their pets, with dog bites being the most common form of animal bite injuries.

Arizona personal injury law aims to provide compensation to victims to cover medical expenses, lost wages, pain and suffering, and other damages resulting from the injury. The process involves proving that another party was at fault due to negligence or intentional conduct, and this fault led to the victim’s injuries. The specifics of what needs to be proven can vary by jurisdiction.

The Benefits of Hiring a Personal Injury Attorney

A personal injury attorney plays a crucial role in filing and pursuing a personal injury claim, maximizing your chances of receiving fair compensation for your injuries. There are numerous ways a personal injury attorney can assist you with your case. Here are some of the more common benefits:

Case Evaluation

A personal injury attorney will evaluate your case to determine whether you have a viable claim. This involves assessing the details of the incident, the extent of your injuries, and the impact on your life. They will consider factors such as negligence, liability, and applicable laws.

Legal Guidance

They will provide expert legal advice on how to proceed, explaining your rights and the legal avenues available for seeking compensation. This includes insights into the complexities of personal injury law, potential outcomes of your case, and strategic advice on how to proceed.

Investigation

To build a strong case, thorough investigation and evidence gathering is crucial. Personal injury attorneys have the resources and know-how to collect pertinent evidence, such as medical records, accident reports, witness statements, and expert testimonies. They also handle the discovery process, where information is exchanged between the parties involved in the lawsuit.

Calculating Damages

One of the key aspects of a personal injury claim is accurately calculating the damages. This includes not only immediate medical expenses and lost wages but also long-term effects on your earning capacity, ongoing medical treatment, pain and suffering, and emotional distress. An experienced attorney can ensure that no potential damages are overlooked.

Negotiation with Insurance Companies

Personal injury attorneys have significant experience in negotiating with insurance companies. They understand the tactics that these companies may use to minimize payouts. An attorney will represent your best interests, aiming to secure a fair settlement. They will handle all communication with insurers, relieving you of this burden.

Litigation

If negotiations do not result in a satisfactory settlement, your attorney is prepared to take your case to trial. They will handle all aspects of the litigation process, from filing the lawsuit to representing you in court. Their expertise in presenting evidence and arguing your case before a judge or jury is invaluable.

Support and Representation

Throughout the entire process, a personal injury attorney acts as your advocate, providing support and representation. They navigate the legal system on your behalf, allowing you to focus on your recovery.

No Upfront Costs

Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you receive a settlement or jury award. This arrangement aligns their interests with yours and enables you to pursue a claim with expert legal representation without upfront costs.

In summary, the Peoria personal injury lawyers at Torgenson Law can significantly increase your chances of receiving fair compensation after an injury by offering legal guidance, handling negotiations and litigation, and ensuring your case is as strong as possible. Their support can be invaluable during what is often a challenging time.

Do I Have a Personal Injury Claim?

Determining whether you have a valid personal injury claim involves a few key steps and considerations. Personal injury law is designed to provide compensation for individuals who have been injured due to another’s negligence or intentional actions. Here are the main factors to consider to determine if you might have a personal injury claim:

  • Establishing Negligence. To have a valid claim, it must be shown that another party was negligent or at fault for the injury. This means proving that the party had a duty to ensure safety or avoid causing harm, breached that duty through action or inaction, and directly caused your injury as a result.
  • Injury or Damages. There must be a genuine injury or damages for a claim to exist. This includes physical injuries, property damage, and in some cases, emotional or psychological harm. The injury must be verifiable through medical records, witness testimony, and other evidence.
  • Causation. It must be clear that the defendant’s negligence directly caused the injury. The injury would not have occurred if it weren’t for the defendant’s actions or failure to act.
  • Statute of Limitations. Personal injury claims in Arizona are subject to a statute of limitations, which is a deadline by which you must file your lawsuit. This deadline varies from one jurisdiction to another and depends on the type of claim. If you fail to file before the statute of limitations expires, you may lose your right to sue.
  • Liability and Insurance. Understanding who is liable for your injury and whether there is insurance coverage available can also affect the viability of your claim. Sometimes, multiple parties may be liable, and identifying all potential sources of compensation is crucial.
  • Documenting Everything. Keep detailed records of everything related to the incident and your injuries. This includes medical reports, bills, communication with insurance companies, photographs of the injury or the scene of the incident, and any other documentation that could support your claim.
  • Consult a Personal Injury Attorney. Perhaps the most important step in determining if you have a valid personal injury claim is to consult with a qualified personal injury attorney. A lawyer can provide you with legal advice tailored to the specifics of your case, help you navigate the legal system, and represent you in negotiations or court if necessary.

Every personal injury case is unique, and the presence of these factors does not automatically guarantee a successful outcome. However, they are essential in establishing a foundational understanding of whether you might have a viable personal injury claim. For more information about how you can file a compensation claim, contact the Peoria personal injury lawyers at Torgenson Law.

Compensation Available in a Peoria Personal Injury Case

In Arizona, as in many other states in the U.S., if you’ve been injured due to someone else’s negligence or intentional act, you’re generally entitled to seek compensation through a personal injury lawsuit. The types of compensation (often referred to as “damages”) you can recover can include both economic and non-economic damages. Here’s a breakdown:

  • Economic Damages
  • Medical expenses
  • Lost wages
  • Property damage

Non-economic damages are more subjective and cover the non-monetary aspects of your harm. They can include:

  • Pain and suffering
  • Loss of enjoyment of life
  • Emotional distress
  • Loss of consortium
  • Punitive Damages

It’s important to note that Arizona follows a comparative negligence rule. This means that if you’re found to be partially at fault for your injuries, your compensation can be reduced by your percentage of fault in the incident. Additionally, Arizona has a statute of limitations for personal injury claims, which is generally two years from the date of the injury. Failing to file within this period typically means you lose your right to sue.

Getting in touch with a personal injury lawyer who is knowledgeable about Arizona law would provide you with guidance tailored to your specific situation and fight for you to receive fair compensation for your injuries.

Common of Cases We See in Peoria

When considering hiring a lawyer to file a claim for personal injuries, it often involves situations where the injuries are significant, or the legal aspects are complicated. Below is a bullet list of situations and types of personal injuries where consulting with or hiring a lawyer might be particularly advisable:

  • Severe Injuries. Cases where the injuries are severe, leading to long-term disability or significantly impacting your quality of life.
  • Medical Malpractice. Injuries that result from medical professionals’ negligence, including surgical errors, misdiagnosis, or improper treatment.
  • Workplace Injuries. Situations where you are injured on the job and face difficulties in getting your workers’ compensation or dispute over the claim.
  • Permanent Disabilities. Injuries that result in permanent disabilities affecting your ability to work or requiring lifelong medical care.
  • Toxic Exposure. Cases where you have been exposed to toxic substances due to negligence of others, often involving complex scientific data.
  • Vehicle Accidents with Serious Injuries or Fatality. Especially where there is a dispute about who is at fault or where the insurance settlement offer is unsatisfactory.
  • Slip and Fall Injuries. Particularly in cases where the property owner’s negligence is a factor, but establishing liability is complex.
  • Product Liability. Injuries caused by defective products, which can involve battling large companies and complex litigation.
  • Construction Accidents. Involving serious injuries on construction sites where there may be multiple liable parties.
  • Dog Bites. Especially in jurisdictions where the dog owner is strictly liable for injuries caused by their pet, or where significant medical treatment was necessary.
  • Insurance Disputes. When an insurance company refuses to make a fair settlement offer or engages in bad-faith practices.
  • Birth Injuries. Injuries to a baby or mother during childbirth due to medical negligence often result in lifelong care needs.
  • Wrongful Death. Claims on behalf of the loved ones of someone who died due to another’s negligence or intentional harm.
  • Assault, Battery, and Other Intentional Torts. Injuries caused by the intentional actions of another person or entities.

Remember, while this list includes many situations where hiring a lawyer would be beneficial, it is not exhaustive. Each personal injury case is unique, and the need for legal representation can depend on various factors, including the jurisdiction’s laws, the specifics of the injury, and the parties involved.

Call Torgenson Law For Any Type of Personal Injury Accident

Peoria residents have relied on Torgenson Law for their personal injury cases for more than twenty years. If you or a family member has suffered an injury or been harmed because of the negligence of another, call us as soon as possible for a case evaluation. Our personal injury lawyers will work with you to gather all evidence necessary to help make sure your rights are protected.

At Torgenson Law, we offer a free consultation to explain what is required to make a successful case for compensation for your injuries. We evaluate the unique circumstances surrounding your accident and place you on the best path forward. Our entire team is driven to secure justice for your pain and suffering. For a free and confidential case evaluation, contact us online or call 602-726-0747.