Insights from a Phoenix Personal Injury Attorney - Huselid & Huselid Law

Understanding Your Rights: Insights from a Phoenix Personal Injury Attorney

Have you have been injured due to someone else’s negligence? Arizona law entitles you to compensation for your losses or injuries. Personal injury law also seeks to hold the negligent party liable. While personal injury cases seem straightforward, they can be complex.

Severe injuries in an accident can completely change your life and leave you requiring costly treatment. Personal injury incidents are often sudden and random and can leave you confused about your options. These factors increase the likelihood of the negligent party or their lawyer seeking to shortchange you and deny you fair compensation.

It is important to know and understand your rights as a victim to ensure you get the compensation you need and deserve. It is also critical to seek the help of a committed and experienced Phoenix personal injury lawyer considering the complex nature of personal injury lawsuits and what is at stake.

In this article, we will explain some of the basic concepts of personal injury law to help you understand your rights and what you need to do after a personal injury.

What Constitutes a Personal Injury Lawsuit?

Personal injury law also known as ‘tort law’ is a branch of law that provides legal remedies and defenses in cases where an individual injures another or causes them damages. Personal injury law allows victims to seek compensation against those who injure them. Personal injury claims are based on several factors including;

• Negligence. The doctrine of negligence is probably the biggest factor in a personal injury claim. The doctrine holds that liability arises where an individual fails to exercise reasonable care under the prevailing circumstances. For instance, a driver who fails to stop at a red light and knocks down a cyclist.
• Intentional actions. The liable party injures their victim deliberately. For instance, an individual who physically assaults another in an argument
• Strict liability. The doctrine seeks to hold an individual accountable for their actions regardless of their intentions. For instance, you can seek compensation against a manufacturer for injuries caused by their defective product.

Personal injury claims can arise out of a range of incidences, including unintentional acts that injure a person. The acts only need to have been negligent. Accordingly, you need to prove negligence for a successful personal injury claim.

Types of Personal Injury Cases

Most personal injury cases in Arizona involve accidents that cause physical and psychological

1. i) Road accidents
2. ii) Workplace accidents

• iii) Medical malpractice accidents

1. iv) Slip and falls
2. v) Product liability accidents

What are Your Rights as the Injured Party?

1) Right to seek compensation. Arizona law gives you the right to seek compensation for your injuries in a Phoenix personal injury case. A personal injury incident like a car accident can leave you with severe injuries that prevent you from working for a time or forever. It can also leave you dealing with psychological issues, including anxiety and depression. It is your right to seek compensation for these injuries and related damages.

2) Right to legal representation. Personal injury claims can be complex and you might need someone to guide you through the complexities and help protect your rights. The law allows you to hire a personal injury attorney to represent your interests in the civil lawsuit.

3) Right to pursue justice through the legal system. Since personal injury is a civil matter, some people might seek to settle the case out of court. However, the law gives you the right to protect your rights through the courts.

Arizona’s Personal Injury Laws

Arizona has several laws governing personal injury claims. Some of the critical regulations you need to consider in a personal injury claim include statute of limitations and comparative fault.

• Statute of Limitations

The statute of limitations refers to the time limit or deadline under which the law allows an individual to file a civil claim. The time limit varies depending on the type of civil lawsuit. In Arizona, the deadline for filing most personal injury cases is two years from the date of the injury. However, there are some exceptions, including personal injury claims involving minors and those against a government entity.

Under the discovery rule, the statute of limitation is not applicable until an individual knows or should have reasonably known about their injuries. The discovery rule is mostly applicable in cases of medical malpractices where a victim only develops symptoms that lead to the discovery of their injuries several years after a negligent act.

It is crucial to understand all regulations related to the statute of limitations to protect your rights. A skilled personal injury lawyer can help you understand the necessary rules and file your personal injury claim on time.

• Comparative Fault

In some accidents, the injured party may be partly to blame for their injuries or damages. The law refers to the unique situation as comparative fault. Most states allow the injured person to still receive compensation as long as they are not more at fault than the defendant.

Arizona’s law of comparative negligence allows the plaintiff to recover damages relative to their level of fault. For instance, if they are 20% at fault, they will only receive 80% of the total compensation. Comparative fault is often contentious and you may need an experienced personal injury lawyer to defend your rights and help maximize potential compensation.

Contact a Phoenix Personal Injury Lawyer

Arizona personal injury laws and regulations, including negligence laws, statute of limitations, and comparative fault can complicate a personal injury claim. Yet, you still have to deal with difficult defendants and insurance companies aiming to deny you fair compensation. While you need to protect your rights, it might be overwhelming, especially when recovering from severe injuries.

Our skilled and experienced Phoenix personal injury attorneys at Huselid & Huselid Law can help you get the compensation you need and deserve while protecting your rights. Contact us for a free consultation and to learn more about our personal injury law services.