Personal injury accidents occur in Yavapai County like everywhere else, even when and where you are apparently safe. After suffering a serious injury due to someone else’s carelessness or recklessness, it is challenging to know where to turn. Most people don’t know the ins and outs of personal injury claims, how to prove all the elements, and how personal injury law applies to your facts, each of which can create lots of confusion and anxiety. Below we explore what personal injury claims are, the types of personal injuries that can occur, and how victims of personal injuries can best seek compensation for their harms and losses.
At Jensen Phelan Law Firm, we offer a free assessment of your case and an explanation of your rights. Our specialized injury attorneys have over 65 years of combined experience handling personal injury cases of all kinds. We can use our skills, experience, and resources to not only help you navigate the personal injury claim process but secure full and fair compensation for your injuries and related losses.
Personal injury claim is a legal phrase used to describe any damages (harms or losses) caused by negligent or reckless conduct of another. When someone suffers a personal injury, she or hemay be legally entitled to compensation for their damages, including past and future medical expenses, lost wages, pain and mental suffering, impairment, disability, disfigurement and loss of consortium (harm to a special relationship). Some of the most common personal injury claims result from:
Car accidents are dangerous because they can result in a wide range of injuries, from minor cuts and bruises to severe head injuries and spinal cord damage. In some cases, car accidents can also lead to wrongful death. Truck accidents are similar but often more harmful due to the size and weight of large trucks.
Slip-and-fall accidents can occur anywhere, including in public places, such as grocery stores, restaurants, and sidewalks, as well as in private residences. While these accidents may not appear serious at first glance, a slip-and-fall accident can result in a variety of injuries, including broken bones, head injuries, and spinal cord damage. Trip and fall accidents are similar. Both types involve a premises with a dangerous condition (such as a slippery floor or a hidden danger). The person or entity who controls the property most often has a duty to correct known dangers and/or warn lawful visitors about the danger.
A dog bite can cause severe wounds, scarring, plus damage to nerves, tendons and ligaments, not to mention infections. Any of these can potentially lead to life-long consequences. Under Arizona statutes, dog owners are most often held to be strictly liable for injuries caused by their unrestrained dogs, even if the dog has never shown any aggressive behavior before. Common law provides a separate avenue for pursuing a dog bite claim.
Medical malpractice occurs whenever a healthcare professional fails to provide the appropriate level of care (called a “breach of the standard of care”), causing harm to the injured patient. Another possible type of medical negligence is if the healthcare provider fails to keep adequate written records, resulting in harm to the patient. Medical malpractice takes many forms, including misdiagnosis, surgical errors, and medication errors. Failure to timely act for the patient’s medical needs that results in harm is another type of malpractice. Medical malpractice can result in serious injuries, including permanent disabilities and even wrongful death.
When a product is both defective and dangerous (both are required for a successful claim under Arizona law), it can cause harm to the user. The three most common types of product liability claims are:(1) a design flaw, (2) a manufacturing defect, or (3) failure to warn about potential dangers. Defective and dangerous products can cause a wide range of injuries, from minor cuts and bruises to serious burns, electrocution, and even death. These are difficult, long-term claims that the manufacturer normally fights against aggressively, and evidence can be lost through delay, so call one of our personal injury specialist lawyers promptly if you may have a serious injury from the use of a defective and/or dangerous product – get a free evaluation.
When you sustain an injury as a result of negligence or reckless conduct, you may be entitled to seek compensation for your injury and the harms and losses related to the accident. The first step in getting compensation is to consult with a specialist personal injury attorney who can evaluate your case and advise you on your legal options. Such an attorney is crucial to a personal injury case because they take on the burden of proving all the elements of the claimed negligence as well as all the damages being claimed, so no monetary claim is left out.
To prove negligence in a personal injury case, the plaintiff (the one injured) must show that the defendant owed a duty of reasonable care to the plaintiff, the defendant breached that duty of care, and that breach caused the plaintiff’s injuries or damages. In today’s world, the person you claim was negligent or reckless is very likely to have insurance to protect them from your claim, and that insurance company has many expert claim adjusters and personal injury lawyers to assist it in preventing or minimizing your personal injury claim recovery. You will benefit greatly from the help of a specialized injury lawyer in Yavapai County if you hope to get a full and fair recovery.
Overall, negligence is a crucial legal concept in personal injury cases. It is the foundation for establishing liability (“fault”) and recovering compensation for injuries and damages caused by another’s negligent or reckless behavior. To be successful in a personal injury case, you must be able to prove that the at-fault party’s negligence or intentional conduct caused your injuries. This typically requires gathering evidence, such as witness statements, police reports, medical records, and often expert testimony plus guiding acquisition of any needed medical proof by seeking the testing needed to defeat insurance company defenses, all within the context of the legal standards and procedures every claimant is required to conform to. The larger your claim, the more likely it is to be heavily opposed by the adverse insurer and its personal injury lawyers. Find an experienced, competent and successful law firm to counter that advantage.
A personal injury can be painful, debilitating, and incredibly expensive. When it comes to your health, livelihood, and financial stability, it’s important to retain an attorney that fights to protect your rights and best interests. The personal injury attorneys at Jensen Phelan Law Firm can listen to your story, examine your case, and determine the best way to proceed. Personal injury cases all have a statute of limitations, and if it expires, you risk losing your right to file for damages.
Don’t wait to contact our injury attorneys in Yavapai County for a free case evaluation. We can help you seek justice and make sure you don’t settle for less than you deserve. For more information about your specific personal injury case, contact us today by completing our online contact form or calling (928) 778-2660.
“The Jensen Phelan Law Firm, P.C. went far beyond their job description and they showed that they work hard for their clients and care about them. I wholeheartedly recommend them to anyone that has an injury and is thinking about using a personal injury lawyer.” – Joseph T.