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Unique Issues in Arizona Catastrophic Injury Cases

Posted on November 19, 2023 in

In an instant, a catastrophic injury can irrevocably change a life. The aftermath of such a catastrophe presents a unique set of challenges in Arizona, in seeking personal damages recovery and navigating the complex legal landscape against the tremendous opposition expected for any very large damages claim. Catastrophic injuries are not only life-altering in their physical and emotional toll, but they also carry significant legal implications that require careful, practical, and knowledgeable handling. Any legal error results in great loss.

Navigating these challenges requires more than just legal experience; it demands a legal team that understands the intricacies of Arizona’s laws and the profound impact these injuries have on individuals and families. Jensen Phelan Law Firm stands ready to be that team, offering over 67 years of combined attorney experience in personal injury law and a commitment to guiding clients through this daunting legal system with a focus on our clients’ well-being and securing the best future.

Understanding Catastrophic Injuries in Arizona

Catastrophic injuries in Arizona present a unique and complex set of challenges, both legally and personally. These injuries are often permanent and are not merely severe — they fundamentally alter the lives of those affected including their families, often necessitating continuous medical care, rehabilitation, and significant lifestyle changes. Arizona’s legal system recognizes the severity of such injuries, impacting the way these cases are approached. 

Injuries classified as “catastrophic” influence the entire claim process, from the type of medical treatment and testing needed to the compensation sought. Long-term considerations like future medical expenses, future loss of income, and quality of life alterations for the remaining life expectancy are examples. Navigating this intricate legal terrain requires an in-depth understanding of state laws and statutes specific to catastrophic injuries and experienced and specialized injury lawyers such as those at Jensen Phelan Law Firm.

The complexities of these cases call for a methodical, meticulous, persistent, and tailored approach. Representation in these cases must extend beyond the courtroom, encompassing support and guidance through each step of the legal process, an overview of the medical evidence and additional proofs needed, and ensuring that the rights and both present and future needs of those affected are fully identified, protected, and addressed.

Dealing With Insurance and Achieving Fair Settlements

In catastrophic injury cases, dealing with insurance companies can be particularly challenging. These companies focus on minimizing payouts, often employing tactics that can significantly undervalue the true cost of injuries. Negotiating with insurance adjusters demands specific skills and legal knowledge, ensuring that victims receive fair and complete compensation. Anticipating and countering strategies used by insurance companies is essential in aligning settlement offers with the actual needs and rights of the injured.

Furthermore, not all catastrophic injury cases are resolved through preliminary negotiations. In a large damages case, many insurers will not make a reasonable offer until after a lawsuit is begun, often not until there is a Mediation proceeding (both sides present settlement offers with the negotiation help of a neutral Mediator) before trial. 

Many insurers require that the injured claimant show readiness to proceed to trial, necessitating a robust trial preparation effort, strategy, and legal competence. Choosing a well-known and respected law firm like Jensen Phelan with proven trial results gives much credibility to your claim. This approach most often results in more favorable settlement offers. Settlements in these cases are more than just financial figures; they are essential for the long-term well-being, future treatment, financial security, and other underappreciated damages of the victims.

Damages Must Be Sufficient to Fully Cover Losses

Calculating damages in catastrophic injury cases is crucial, as they must comprehensively address the losses and future needs of the victim. These damages extend beyond immediate medical costs, encompassing long-term care, lost income, and ongoing emotional trauma. The objective is to obtain not just current relief but long-term financial stability and quality of life. Calculating damages involves a thorough and forward-looking process, often requiring collaboration with medical experts, economists, and life care planners. This helps make sure that every aspect of the victim’s current and future needs is accurately represented in the claim.

Additionally, these cases often involve intangible losses, such as physical pain and emotional suffering, loss of enjoyment of life, and other non-economic damages such as harm to your relationship with a loved one who is now changed in any number of ways. Quantifying these non-economic damages is complex yet essential. Jensen Phelan Law Firm can make sure these aspects are given proper consideration in settlement negotiations and trial proceedings. Our goal is to secure a compensation package that fully addresses your losses.

Call Jensen Phelan Law Firm If You’ve Experienced A Catastrophic Injury

Choosing the right legal partner in the aftermath of a catastrophic injury is crucial. At Jensen Phelan Law Firm, we offer more than just legal representation; we offer a commitment to your recovery and satisfaction. With our Fair Fee Guarantee and a free initial consultation, we work hard so that your journey towards justice is both supported and fair.

If you or someone you know has suffered a catastrophic injury in Arizona, let Jensen Phelan Law Firm be your guide and advocate. Call (928) 778-2660 or fill out our contact form to schedule your free consultation.