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Tucson Personal Injury Attorney

Tucson Personal Injury LawyerTucson, Arizona has always been a very desirable city within the southwestern region of the United States for a variety of reasons. Quality of life, warm weather, and overall cultural vibrancy attract people from all over the United States to grow roots in Tucson. Even in a wonderful city like Tucson, however, there are frequent unfortunate accidents that require the assistance of a personal injury attorney.

Torgenson Law prides itself as a Tucson personal injury lawyer with over 15 years of high-quality experience delving into cases in which everyday citizens find themselves impaired due to the negligence of another individual or business. There is no doubt that personal injury victims deserve everything that the law can give to them under their specific circumstances.

Torgenson Law specializes in a variety of different personal injury cases, some of the more frequent types of cases we see on a regular basis are listed below in order to better understand how we go about solving these convoluted legal processes.

What Is The Statute of Limitations in Arizona?

It is crucial to understand that there are timelines in place for filing injury claims in Tucson, Arizona. First, we have to look at the overall statute of limitations for this state, which is two years from the date an injury occurs. If a personal injury victim in Tucson fails to file a lawsuit against the alleged negligent party within two years, their case will be dismissed, and they will not recover any compensation for their losses. 

However, if there is an insurance carrier involved in the claim, the carrier will also have specific reporting deadlines, often within a day or two after the injury occurs. It is crucial for you to file these claims as promptly as possible with the insurance carrier.

Determining Negligence in Your Tucson Personal Injury Claim

In order to successfully recover compensation for a personal injury claim, it is important to determine the negligence of the supposed at-fault party. Regardless of whether or not your claim is resolved through an insurance settlement or as a result of a civil personal injury lawsuit, determining the negligence of the other party is the single most important factor for success. In order to determine negligence, we first have to define the four elements of negligence for a personal injury claim in Tucson:

  1. Duty. It first has to be established whether or not there was a duty of care between the plaintiff (injury victim) and the defendant (alleged negligent party). The duty of care will not look the same for every type of personal injury claim. For example, every driver on the roadway will owe some sort of duty of care, requiring them to operate safely for other drivers and passengers around them. Property owners have a different type of duty of care, which includes ensuring that their premises are safe for anyone who has a right to be there.
  2. Breach. After establishing that there was a duty of care between a plaintiff and a defendant, it will need to be shown that the defendant breached their duty of care somehow. For a vehicle accident, a breach could include operating while impaired or distracted. Property owners can breach their duty of care by failing to remedy a known hazard on the premises, such as a rotten floorboard.
  3. Causation. After showing that the defendant breached their duty of care, it must be shown that this breach directly caused the plaintiff’s injuries. This can be done by gathering various types of evidence from the scene of the incident, including eyewitness statements, video or photo surveillance, property safety records, vehicle black box data, and other types of evidence relevant to the particular type of incident.
  4. Damages. Finally, it needs to be established that the plaintiff suffered some sort of monetary loss as a result of the injury. This can include medical bills, lost income, property damage expenses, and pain and suffering damages.

Compensation Available for Tucson Personal Injury Victims

There may be various types of compensation available for personal injury victims in the Tucson, Arizona, area. At Torgenson Law, we have a track record of success recovering significant multimillion-dollar settlements on behalf of our clients. Our goal is always to recover all economic and non-economic damages (compensatory damages) that our clients sustain. This can include, but is not limited to, the following:

  • All emergency medical expenses
  • Coverage of any follow-up doctor or hospital care
  • Compensation for physical therapy or rehabilitation
  • Payment of prescription medications or medical devices
  • Last wage replacement if a person cannot work
  • Any household out-of-pocket expenses a person sustains because of the injury
  • Property damage expenses
  • Physical pain and suffering damages
  • Emotional and psychological distress damages
  • Loss of quality of life damages

The total amount of compensation available for Phoenix personal injury victims will vary depending on several factors related to the claim. Some of these factors include the severity of the injuries, how long a person is unable to work, whether or not there was any shared fault for the incident, and the overall level of pain and suffering that person sustains until they recover.

Additionally, adequately calculating non-economic losses, such as pain and suffering damages, can be challenging. Often, an attorney will use a multiplier method to do this, which includes adding up all the economic losses and then multiplying that by a set number, typically a number ranging from 1.5 to 5. This is where the true value of a personal injury claim often shines forward, and it is important to have an attorney by your side to help adequately calculate all of your losses, including the economic losses and non-economic losses.

What Are Punitive Damages?

In some circumstances, punitive damages may be awarded as a result of a successful personal injury claim in Tucson. Punitive damages are designed to act as a punishment to the defendant, but these damages are typically only awarded if the conduct of the defendant is found to be intentional or particularly egregious. Not only will these damages serve as a punishment to the defendant come up, but they will also act as a deterrent to others to keep them from displaying the same types of actions in the future.

Benefits of Hiring a Personal Injury Lawyer

Personal injury claims in Tucson can be incredibly challenging, particularly when it comes to standing up to aggressive insurance carriers and the at-fault parties involved. It is not uncommon to also have to deal with attorneys for these other parties.

However, when you have a personal injury attorney by your side, you will have an advocate with the resources necessary to stand up to these other parties and help you throughout the entirety of the case. Your lawyer will be responsible for:

  • Conducting a complete investigation into the incident to recover the compensation necessary to prove liability:
    • Statements from my witnesses
    • Photos taken at the scene of the incident
    • Surveillance from nearby video cameras
    • Property owner safety records
    • Driver safety records
    • Social media posts
    • Police or accident reports
  • Ensuring that you are evaluated by a trusted medical professional who can examine and treat any injuries as well as help calculate total expected medical expenses.
  • Working with economic and financial experts who can help calculate other types of economic and non-economic losses.
  • Enlisting assistance from accident reconstruction experts if necessary to adequately show what happened in the incident.
  • Handling all negotiations with aggressive insurance carriers to recover fair compensation.
  • Fully preparing to take your case to trial if necessary.

Shared Fault and Recovering Compensation in a Tuscon Personal Injury Claim

One of the most common tactics used by insurance carriers and at-fault parties is to try and shift some or all of the blame for the incident onto the victim. When you have an attorney by your side, your lawyer will push back against these allegations of fault. However, it is important to understand that individuals can still recover compensation in this state if they are partially responsible for their injury.

Arizona operates under what is called a “pure comparative negligence” system. This means that individuals can recover compensation even if they are up to 99% at fault for their own injuries. This is different from how other states handle comparative negligence, where individuals are usually barred from recovering compensation if they are 50% or more responsible for the incident. 

However, injury victims will receive reduced compensation if they are partially responsible, and this reduced compensation will coincide with their percentage of fault. For example, let us suppose a person sustains $100,000 worth of medical bills and lost wages as a result of a vehicle accident caused primarily by another driver. However, if a jury says that the injury victim was 20% responsible for the incident have for some reason, perhaps due to equipment failure on their own vehicle, then they would receive $80,000 instead of the full $100,000 to account for their percentage of liability.

Regardless of the circumstance, it is crucial to have an attorney by your side to adequately push back against any allegation of fault. A shift one way or the other concerning the percentage of fault can significantly alter how much compensation a person receives or does not receive.

Our award-winning legal team has a great deal of experience representing clients in a variety of personal injury-related case types, including the following:

Car Accident Injuries

Car accidents occur at a high frequency throughout the city of Tucson on a daily basis, and every person who is injured in a car accident is going to need the assistance of an experienced personal injury lawyer. Although car accidents may seem like a cut and dry case, there are a lot of subtle nuances that even many law firms are not comfortable with.

When it comes to picking out a lawyer for car accidents you are going to want a firm that is going to offer commitment to your case and will fight tooth and nail with insurance companies and other major corporations. At Torgenson Law we make sure to not only provide a free case analysis for everyone, but we also go above and beyond when it comes to researching your specific accident and examining exactly what would be your best course of action.

Torgenson Law is solely a personal injury law firm, which means we are specialists in every aspect of the field. This includes much more than most people typically would think, and with our understanding of things like medical bill payments, insurance law, medical care, and much more we can ensure you’ll get the compensation and treatment you deserve.

Motorcycle Injuries

Tucson is known for having a lot of motorcycles on the road, and unfortunately, it’s also known for the accidents in which motorcyclists are involved. We understand how frustrating it can be for motorcyclists when they get involved in an accident that wasn’t necessarily their fault, especially when they still get the short end of the stick from local authorities.

Lane splitting is illegal in the state of Arizona, which is now different from neighboring California, which recently changed its laws to allow lane splitting. Many motorcyclists who experience an accident out on the road are accused of lane splitting even when they were following the laws. It always crucial for motorcyclists to have a personal injury lawyer on call so they can get extra assistance if they ever get in a difficult position legally.

The biggest things motorcyclists can do when they get in an accident are to remain calm and wait for police and medical authorities to arrive on the scene. Motorcycle injuries tend to be much more severe than that of a car accident injury. With this fact in mind Torgenson Law always ensures that we do our due diligence and provide representation for motorcyclists to receive the compensation that required for medical treatments and beyond.

Uber/Lyft Injuries

Rideshare companies experience accidents on a very frequent basis, and of course all of us are inherently taking a risk when we get in a vehicle with someone who isn’t a professional driver.  Although these companies do try to make it seem like their employees are trained professionals, the driver typically has no additional training.

If you find yourself injured from a ride in Uber or Lyft, you are definitely going to need a very experienced personal injury lawyer in Arizona to help you with your case. Going up against giant corporations like these rideshare companies is no simple task. We have more experience than any other personal injury law firm in the Tucson area when it comes to taking on major corporations on our clients’ behalf, and our success rate is second to none.

ATV Injuries

All-terrain vehicles (ATVs) are a very popular entertainment option for people living in the Tucson area, and they are of course supposed to be safe recreation opportunities. Of course, there are many instances in which serious injuries can occur while people are riding ATVs, and most of the time these injuries can be due to the ATV malfunctioning.

An experienced lawyer will look into these potential defects and determine whether or not a case against the manufacturer is feasible. There are also certain instances in which someone renting or borrowing a faulty ATV from an individual may have a case against the vehicle owner. The particular roadway in which the accident occurred could also be at blame for the injury. There are many causes for these injuries that go far beyond the victim’s own negligence.

What we can assure you is that we can go through your scenario and see if any strategy of legal action is a viable option, and many people are surprised how often this type of injury does in fact deserve compensation for the victim.

Contact Our Tucson Personal Injury LawyersCall Torgenson Law Free case evaluation

At Torgenson Law we pride ourselves on being an elaborate, multi-faceted team of personal injury lawyers who are always there for those who find themselves in unfortunate circumstances. By making sure that every client is treated uniquely we know that our processes towards success are trustworthy and effective in terms of getting the results our clients need and deserve. If you or a loved one is in need of legal assistance for a personal injury matter, call us at Torgenson Law without hesitation.