Life after being injured can be extremely difficult. Not only do you have to deal with an injury that may be lifelong, or prevent you from having the quality of life you would have enjoyed before the injury, but your entire family may feel the stress. Personal injuries can have lifelong emotional, physical, and financial consequences.
What is a Personal Injury?
When a person is injured because of an incident that occurs while someone (either a person or a company) has a legal duty to prevent it, it is considered personal injury. For example, if there are two cars driving on the road, and one car has a stop sign, that person has a legal duty to stop. If that person does not stop, and hits the other car, any injury sustained by the other driver would be considered personal injury.
Personal injury law allows the injured party to file a civil lawsuit and get a legal remedy, called damages, for all losses that came from the injury. This allows the victim to be compensated financially for any harm they have suffered from negligence or intentional misconduct. The injured party is called the plaintiff and the party that they are accusing is called the defendant.
Personal injury applies to a wide range of situations.
When Can You File a Personal Injury Claim?
This differs from state to state. In Arizona, you generally have 2 years after the date of the incident to file your claim. However, if you have a hidden injury that is a direct result of the incident, you may have 2 years from the date you discover the injury. Check out our Statute of Limitations calculator, or call us for more information.
How Do You Build a Personal Injury Claim?
One of the first steps you should take after any incident where you are injured is contacting a personal injury lawyer. Personal injury lawyers are trained to navigate the complicated process of filing a personal injury claim, and you’re much more likely to get the most compensation if your case is handled by an experienced lawyer.
That being said, one of the next steps might be filing a claim with your own insurance company. While a personal injury lawyer will need to help you get a settlement from the other parties’ insurance companies, your claim to your own insurance company will pay you no matter what.
Next, you must prove:
Take, for example, that same car accident from above. One car is driving, and another car is making a turn at a stop sign. The second car does not stop at the stop sign, and turns into the first car, causing a T-Bone accident. If you are the driver of the first car, you must prove that the driver of the second car caused the accident. This can be done through police reports, admission of guilt from the other driver, eyewitness accounts, and other means. Then, say you have a few injuries: whiplash, a broken arm, and a concussion. You should go to the hospital immediately after the accident to get diagnosed, this way there is little doubt that the accident caused those injuries. From there, you should save all of your bills and receipts relating to the replacement or repairing of your car, your medical bills and treatment, and any time you have to take off of work. In doing this, you are building a claim against the other driver and proving that without the incident, you wouldn’t have been injured.
What Is the Personal Injury Claim Process?
From the time you hire an attorney, the personal injury claims process will follow a few steps.
Once the complaint is filed, your attorney will have 30 days to serve it to the defendant. Then, the defendant will have 30 days to respond. If they fail to respond, the court will automatically rule in the plaintiff’s favor.
What Should I Expect at My Consultation?
If you are involved in an accident, you likely will feel like your life is spinning out of control and you are being pulled in one hundred different directions between medical bills, work obligations, family obligations, recovery time, car repairs, and more. We are here to help you gain back control in an uncontrollable situation.
After you call us, we will schedule a consultation with you. We understand that your time is valuable, so your consultation can be scheduled remotely or in person. During the consultation, we will address your immediate needs, questions, and concerns. Then, we will discuss every option available to you. From there, we will come up with a personalized plan of action that will allow you to get the most compensation you are entitled to. You will leave the consultation with a full understanding of the legal rights and claims specific to your case, as well as an action plan that details next steps – both for you and for our team. You will also leave with an overall idea of how your case will proceed so that you can focus what’s most important: putting the pieces of your life back together.
Get Help Now
At the Thompson Law Firm, we have more than 10 years of experience helping clients obtain compensation for their personal injuries. When you’re ready to talk, please contact our office to arrange a free initial consultation by phone or at our Chandler office.
If you have been in an accident that is not your fault, contact Thompson Law Firm in Chandler, AZ to speak with an experienced personal injury attorney. We provide personal injury legal services to clients in the greater Phoenix area including Chandler, Gilbert, Mesa, Scottsdale, Tempe, Maricopa, Globe, and Queen Creek.
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