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If you’ve been injured in an accident in Arizona, you may be entitled to compensation for your damages. Dealing with an insurance company can be one of the most challenging aspects of filing a personal injury claim. Filing a personal injury claim can help you recover costs for medical expenses, lost wages, pain and suffering, and other losses. At Viper Law Group, we are here to guide you through this complex process and ensure you get the justice you deserve with the help of an experienced personal injury lawyer.
A personal injury claim is a legal process where an injured person seeks compensation for physical or emotional harm caused by another party’s negligence or wrongdoing. This type of claim can arise from various situations, such as car accidents, slip and fall incidents, medical malpractice, product liability, or workplace accidents. The primary goal of a personal injury claim is to hold the responsible party accountable for their actions and provide the injured person with fair compensation for their losses.
Personal injury claims can be categorized into several types, each addressing different forms of harm:
Understanding the different types of personal injury claims can help you identify the appropriate legal action to take and ensure you seek the compensation you deserve.
1. Seek Medical Attention Immediately - Your health should always be the top priority. Even if you feel fine after an accident, it’s crucial to see a medical professional. Some injuries, like whiplash or internal injuries, may not show symptoms immediately. Obtaining medical documentation also plays a critical role in supporting your claim.
2. Understand the Statute of Limitations - In Arizona, the statute of limitations to file a personal injury claim is typically two years from the date of the injury. If you don’t file within this time frame, you may lose your right to seek compensation. For claims against government entities, the time frame is shorter—usually within 180 days.
Personal injury lawsuit filing involves complexities and necessary preparations, including legal assistance and documentation. It's important to understand the costs, appropriateness of filing, and adhere to important legal timeframes.
3. Gather Evidence - The success of your claim relies heavily on the evidence you provide. This includes:
4. Determine Liability - Arizona follows a comparative negligence rule, which means your compensation may be reduced by your percentage of fault in the accident. For example, if you were found to be 20% at fault, your award would be reduced by 20%. At Viper Law Group, we thoroughly investigate your case to minimize your liability and maximize your compensation.
5. Work with an Experienced Personal Injury Attorney - Personal injury cases can be complicated, especially when insurance companies try to undervalue or deny your claim. An experienced attorney can handle communication with insurance companies, calculate the true value of your claim, and negotiate on your behalf.
Determining liability and fault is a crucial aspect of a personal injury claim. Negligence refers to a failure to act with reasonable care or a breach of duty, resulting in harm or injury to another person. Fault can be established through evidence, such as witness statements, medical records, and expert testimony. In a personal injury claim, the injured person must prove that the defendant’s negligence or wrongdoing directly caused their injuries.
To establish negligence, the injured person must demonstrate the following elements:
By understanding the concept of negligence and fault, individuals can better navigate the personal injury claim process and seek fair compensation for their losses. Establishing these elements is essential for building a strong case and achieving a fair settlement amount.
Identifying all responsible parties is crucial for a successful personal injury claim. Responsible parties can include individuals, businesses, or government entities. Identifying all liable parties can increase the chances of a successful claim and raise the potential compensation. An experienced personal injury attorney can help you identify all responsible parties and ensure that they are held accountable for their actions.
In a personal injury case, there may be multiple parties responsible for the injury. For example, in a car accident, the driver of the other vehicle may be responsible, but the vehicle’s manufacturer may also be liable if the accident was caused by a defective part. In a slip and fall accident, the property owner may be responsible, but the property manager or maintenance company may also be liable if they failed to properly maintain the property.
To identify responsible parties, your attorney will conduct a thorough investigation of the accident or incident. This may involve gathering evidence, interviewing witnesses, and reviewing documents related to the incident. Your attorney will also review the laws and regulations that apply to the incident to determine who may be liable.
Once all responsible parties have been identified, your attorney will work to hold them accountable for their actions. This may involve filing a personal injury lawsuit against one or more parties, or negotiating a settlement with the parties involved.
Seeking medical treatment is a crucial step in a personal injury claim. Medical treatment can help establish the extent of the injury and provide evidence for the claim. Documentation of medical treatment, including doctor’s notes and medical records, is essential for a successful claim.
After an accident or incident, it is essential to seek medical attention as soon as possible. This will help to ensure that your injuries are properly diagnosed and treated, and will also provide documentation of your injuries that can be used to support your claim.
Your medical records will be used to establish the extent of your injuries and the impact they have had on your life. Your attorney will review your medical records to determine the full extent of your damages and to identify any potential long-term effects of your injuries.
In addition to seeking medical treatment, it is also essential to document your injuries and medical treatment. This can include taking photos of your injuries, keeping a journal of your symptoms and treatment, and saving any receipts or invoices related to your medical care.
Delaying or avoiding medical attention can weaken a personal injury claim. Immediate medical attention can help uncover the extent of the injury and provide evidence for the claim. A delay can give the defense a chance to blame the injuries on something other than the accident.
Seeking immediate medical attention is essential for several reasons. First, it will help to ensure that your injuries are properly diagnosed and treated. Second, it will provide documentation of your injuries that can be used to support your claim. Finally, it will help to establish a clear link between the accident or incident and your injuries.
If you delay seeking medical attention, the defense may argue that your injuries were not caused by the accident or incident. They may claim that you were injured in a subsequent accident or that your injuries were pre-existing. By seeking immediate medical attention, you can help to establish a clear link between the accident or incident and your injuries.
A personal injury case under Arizona law allows you to seek compensation for various damages, including:
Negotiating with the insurance company is crucial to ensure you receive a fair settlement for your damages.
Insurance companies play a significant role in personal injury claims. Their perspective can greatly influence the outcome of the claim. It’s essential to be aware of the insurance claim process and the potential pitfalls.
When dealing with insurance companies, it’s essential to be cautious and to seek legal advice before making any agreements. Insurance companies are motivated to minimize their payouts, and they may use various tactics to achieve this goal.
To deal with insurance companies effectively, you should understand the insurance claim process and the laws that govern it. You should also be aware of your rights and the potential pitfalls of dealing with insurance companies.
An experienced personal injury attorney can help you navigate the insurance claim process and ensure that your rights are protected. They can help you to negotiate a fair settlement and to avoid any potential pitfalls.
At Viper Law Group, we focus on helping accident victims navigate the complexities of a personal injury lawsuit with confidence. Our dedicated team works tirelessly to:
We understand the emotional, physical, and financial toll that a personal injury can have on your life. That’s why we offer free consultations and work on a contingency fee basis—meaning you don’t pay unless we win your case.
If you’ve been injured in Arizona, don’t wait to seek legal help. Contact Viper Law Group today to schedule your free consultation. Let us handle the legal complexities so you can focus on what matters most—your recovery.
8245 N 85th Way,
Scottsdale, Arizona 85258
RESULTADO DEL CASO:
Tribunal Federal | 4 de septiembre de 2020
«Tratamos cada caso, sin importar su complejidad, exactamente igual... que nuestro caso más importante. Después de todo, podemos ocuparnos de muchos casos, pero este es el único caso de nuestro cliente. Saber esto nos permite trabajar las noches y los fines de semana que trabajamos, porque el dolor de nuestros clientes no les quita tiempo libre».
