Frequently Asked Questions
WRONGFUL DEATH & MEDICAL MALPRACTICE
If an accident is partly my fault can I still file a claim?
Even if an accident or injury was partially your fault you still may have a claim based on the concept of Comparative Negligence. The term "comparative negligence" means that the fault of all parties is compared, and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused.
How do I know if I may need an attorney?
If you have been seriously injured or are unsure as to the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible. In a serious injury case, you are better off hiring an attorney immediately. Most firms offer a free consultation, with no obligation; therefore, you have nothing to lose by consulting an attorney before you accept the insurance company offer. There is a statute of limitations that requires you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. An attorney will be able to help you keep within the statute of limitations.
What is the Statute of Limitations?
The statutes of limitations are time frames in which you have to file a lawsuit. When the statute of limitations expires on your case, you simply don't have a case anymore. Statutes of limitation differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time may begin from the time of the accident or when the injured party first should have discovered the negligence, depending on applicable law. There are some exceptions and an experienced lawyer can help you with them.
What is negligence?
Negligence is the commission of a civil wrong, a tort, that accidentally causes injury to somebody by reason of failure to perform an expected duty with the care that a reasonably prudent person would use with regard to the safety of others in a particular circumstance. Negligence is any conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances. Negligence is also the name of a cause of action in the law of torts. To establish negligence, a plaintiff must prove that the defendant had a duty to the plaintiff, the defendant breached that duty by failing to conform to the required standard of conduct, the defendant's negligent conduct was the cause of the harm to the plaintiff, and the plaintiff was, in fact, harmed or damaged.
What is considered a Reasonable Person?
A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances. The hypothetical reasonable person provides an objective by which the conduct of others is judged. In law, the reasonable person is not an average person or a typical person but a composite of the community's judgment as to how the typical community member should behave in situations that might pose a threat of harm to the public. Even though the majority of people in the community may behave in a certain way, that does not establish the standard of conduct of the reasonable person. For example, a majority of people in a community may jaywalk, but jaywalking might still fall below the community's standards of safe conduct.
What damages can I recover?
You can recover your actual past losses such as medical expenses, property damage, and lost wages. The law allows compensation for future medical and care expenses as well as future loss of income and earning capacity.
You are also entitled to non-economic damages for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, etc. Punitive damages are intended to punish a defendant for reckless or malicious behavior and are only awarded in rare cases. Arizona does not place any limit on the amount of damages one may recover for personal injury or wrongful death.
