Do I have a personal injury case? Every day we answer calls from potential clients who ask this question. After you have been injured due to someone else’s negligence, you’re likely to expect the insurance company to handle it. After all, your priority is healing from your injuries, not dealing with an insurance company. Unfortunately, the insurance company could shortchange you, leading to mounting medical bills you can’t pay, unpaid leave from work as you recover from your injuries and the mental anguish that comes from dealing with all this stress.
It’s important to recognize from the start that hiring an attorney can help your case. An experienced lawyer can help you obtain the compensation you deserve for your medical expenses, lost wages, mental anguish, and property damage that may have occurred.
Types of Personal Injury Cases
A personal injury case involves a plaintiff who was hurt due to someone else’s negligent, or in some cases intentional, actions. There are several different reasons why you may have a personal injury case.
The most common reason for a personal injury case is a car accident. You may have a case if the other driver’s negligent actions, such as driving under the influence, texting and driving, or general recklessness, caused your accident, which led to injuries.
Dog owners can be held responsible for bites and other injuries caused by a dog. According to Arizona law, liability can also be extended to anyone who was entrusted with caring for the dog at the time of the bite and/or attack. Furthermore, it does not matter if the dog was on a leash or loose, or if the incident occurred on private or public property.
Other Types of Accidents
Motorcycle, bicycle and pedestrian accidents may also lead to a personal injury case. In a personal injury claim, one of the most important elements is that the other person, party, or entity’s actions or inactions led to the incident that then caused your injuries.
After any type of accident or injury, you may be unsure of whether you have a case. Contacting a personal injury can help make it clear if you are entitled to filing a claim for compensation.
Do I Have a Personal Injury Case?
While an attorney can help clarify whether you have a personal injury case, there are a few questions you may be able to ask yourself to determine if it’s time to call a lawyer.
1. Did You or Someone You Love Suffer a Personal Injury?
A personal injury can be physical, mental or emotional. For example, in a car accident, you might have suffered broken bones and also developed anxiety, making it difficult to drive a car. In some cases, a physical injury can also result in emotional damages, such as depression or post-traumatic stress disorder.
2. Were Those Injuries Caused by Someone Else’s Negligence?
Negligence can mean that a person or entity acted in a careless manner, which led to the accident and/or injuries. In order to prove negligence, your attorney will need to establish three things:
- The party at fault had a duty to behave responsibly toward you
- The party at fault breached that duty by acting negligently
- Their negligence led to injuries which also caused damages
This could include a driver who was recklessly speeding – as a driver, you expect everyone to obey the law, however, when another driver speeds, accidents and injuries can occur. In some cases, more than one person may be held liable for your injuries. A city planner’s poor road design could have caused dangerous road conditions, which further endangered you during the collision. This can include a driver who was reckless behind the wheel, a vehicle manufacturer who produced a faulty vehicle, or a road designer whose plan resulted in a dangerous road.
3. Did Those Injuries and Accident Result in damages?
Damages represent monetary losses, such as paying for medical bills, property damage, lost wages, loss of future earning capacity, diminished quality of life and more.
If you’re able to answer yes to these questions, you may have a personal injury case. Don’t let an insurance company decide what you deserve, hire an attorney who knows and understands Arizona law, and can help you fight for your rights. Contact us today for your free personal injury case evaluation.