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Why File a Personal Injury Lawsuit?

If you’ve been injured due to someone else’s negligence, we understand how frustrated you must be. Not only are you dealing with the pain from the injury itself, you might be out of work, and the medical bills could be starting to pile up. You might be wondering if you have a personal injury case and if it would be worth filing a lawsuit.

Deciding whether or not you should file a personal injury lawsuit can be a complex decision that depends on a number of factors, including the injuries suffered, fault of the accident, and lost wages and medical bills. Here are some considerations that go into making a decision to pursue a personal injury lawsuit:

  • Severity of the injury. Consider the extent of your injuries and the impact they have on your daily life, including physical, emotional, and financial aspects. If the injury has caused significant damages or long-term injuries, a lawsuit may be warranted.
  • Liability and negligence. Determine whether someone else’s negligence or intentional actions caused your injury. If there is clear evidence that another party was responsible for the entire or part of the accident that led to your injury, you may have a valid claim to compensation for your pain and suffering.
  • Statute of limitations. Each jurisdiction has a statute of limitations that sets a time limit for filing a personal injury lawsuit. It is crucial to be aware of this deadline, as failing to file within the specified timeframe for your state and municipality can result in your claim being rejected. In Arizona, you must file your personal injury lawsuit within two years of the incident.
  • Available evidence. Consider the strength of the evidence supporting your claim. This includes medical records, accident reports, witness statements, photographs, video, or any other relevant documentation. The availability and quality of evidence will affect the viability of your lawsuit and chances of success.
  • Insurance coverage. Determine if the responsible party has insurance coverage that could compensate you for your injuries. Even if the other party has no insurance coverage or limited coverage, you may still be able to file a suit. The personal injury attorneys at Torgenson Law will handle the insurance companies and ensure you have a strong case.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is a legal action taken by an individual who suffered harm or injury due to the negligence, intentional actions, or strict liability of another party. So, why file a personal injury lawsuit? The primary goal of such a lawsuit is to seek compensation for the damages incurred by the injured party.

Personal injury cases can arise from various incidents, including car accidents, slip-and-falls, medical malpractice, product defects, workplace accidents, and wrongful deaths. To initiate a personal injury lawsuit, the injured person, known as the plaintiff, must file a complaint against the responsible party, referred to as the defendant.

The complaint outlines the details of the incident, the injuries sustained, and the financial losses suffered by the plaintiff, including medical expenses, lost wages, and pain and suffering. The defendant then has a specific period to respond to the complaint, either by admitting or denying the allegations made.

Once the lawsuit is underway, both sides engage in a process called discovery, where they exchange evidence, gather witness testimonies, and depose those involved in the accident. This process helps establish the facts of the case and builds a foundation for negotiation or trial.

In some instances, the parties may reach a settlement agreement before going to trial. However, if a fair settlement cannot be achieved, the case proceeds to trial, where a judge or jury will decide whether the defendant is liable and the amount of compensation the plaintiff is entitled to receive.

What if the Accident Seemed Minor?

If an accident seems minor at first, it is still possible to file a personal injury lawsuit under certain circumstances. While some victims of accidents end up with obvious and severe injuries, others may not manifest symptoms immediately. It is essential to consider the nature of the accident and the extent of injuries before concluding whether or not to pursue legal action.

In cases where injuries may not be immediately apparent, it is wise to seek medical attention as soon as possible after the accident, even if you believe the injuries are minor. Some injuries, such as whiplash or soft tissue damage, may take hours or even days to fully develop symptoms. By seeking medical evaluation and treatment, a doctor can assess the extent of injuries and provide necessary documentation for a potential personal injury claim.

In some cases, even seemingly minor accidents can lead to significant long-term consequences or ongoing medical issues. These can include chronic pain, psychological trauma, or other complications that may require ongoing treatment.

It is advisable to consult with a personal injury attorney at Torgenson Law, who can evaluate the specifics of your situation and guide you on the best course of action. We will assess the potential for a successful claim based on factors such as the severity of injuries, medical documentation, and the negligent party’s liability.

What Is Required to File a Lawsuit?

Filing a personal injury lawsuit in Arizona requires several key components. Firstly, the most critical element is to establish that the defendant had a legal duty of care toward the plaintiff. In other words, it needs to be proven that the defendant had a responsibility to ensure the safety and well-being of the plaintiff. For example, drivers have a duty of care to other individuals on the road, doctors have a duty of care towards their patients, and property owners have a duty of care towards visitors to their place of business.

The second aspect is demonstrating a breach of that duty. It must be shown that the defendant failed to fulfill their duty of care, either through their negligence, recklessness, or intentional wrongdoing. This can involve a wide range of actions or omissions, such as a car accident caused by a distracted driver, medical malpractice by a healthcare provider, or an unsafe condition on someone’s property resulting in injury.

The individual filing the lawsuit must also establish that the breach of duty directly caused their injuries or harm. It is essential to prove that the defendant’s actions or negligence were a significant factor in causing the harm endured by the plaintiff. This might involve presenting medical records, expert opinions, witnesses, or any other relevant evidence that clearly links the defendant’s actions to the injuries suffered.

Additionally, it is essential to file the lawsuit within the statute of limitations. Missing this specific deadline can result in the case being dismissed by the court. The statute of limitations varies depending on the jurisdiction and the type of personal injury case, so it is important to consult with our accident attorneys to ensure compliance with a personal injury lawsuit.

How Can a Personal Injury Attorney Help?

Ultimately, when you decide to file a personal injury lawsuit, it is highly recommended to seek the advice and assistance of an experienced personal injury attorney like the ones at Torgenson Law.

Reach out to us online or call 602-726-0747 and let us guide you through the entire process. We’ll help gather evidence, navigate legal procedures, assess the value of the claim, negotiate with insurance companies, and build a strong case for fair compensation.

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