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Frequently Asked Questions How do I know if I have a case? Were you damaged? Did you suffer a physical or emotional injury? This is the first question that must be answered. The second question is whether the injury suffered is the result of someone else’s carelessness (negligence) or intentional act? You also may have an action if someone has defamed (slandered or libeled) you, invaded your privacy, or inflicted emotional distress upon you. What period of time do I have to file a personal injury lawsuit in Arizona? Arizona has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. Depending on who the opposing party is, or what type of injury has occurred (auto accident, medical malpractice, etc.), you may have as little as six months to file a claim. Many (but not all) of the time limitations are found in Title 12, Article 3, of the Arizona Revised Statutes. There are also different time requirements depending on who the defendant is. Arizona law currently requires that you make a claim against a state, city, or municipal entity within 180 days of its occurrence. Workman’s compensation claims currently have a 1 year statute of limitations. If you miss the statutory deadline for filing a case, your case will likely be dismissed regardless of the facts. Other states have varying time limits also. It is important to talk with an attorney as soon as you are involved in an accident or are injured. If someone causes an accident and I am hurt, on what basis will that person be responsible (liable)? “Negligence” means a person didn’t intend to cause another person harm. A person is liable if they were negligent in causing an accident. Negligence occurs, in a legal sense, when you can prove that the party causing your injury acted unreasonably based on the circumstances. “Intentional” acts also impose legal liability on the party causing your injury. In addition, the law also presumes that some activities are so dangerous that the parties undertaking them will be subject to strict liability if someone is harmed. What if more than one person caused my injury? In Arizona, a person is only responsible for that portion of the harm they cause. This is called “comparative negligence.” In order to fully recover, you must proceed against every person who causes your injury. How do you prove someone was negligent in a legal sense? Negligence law can be complex and confusing even for people who are familiar with it. To prevail in a negligence case, you must prove four “elements.” The four elements are called: duty, breach of duty, causation, and damages. People have a duty to use reasonable care to avoid injuring other people. If they fail to use the reasonable care that others would use, faced with the same situation, breach of duty occurs. Causation occurs when you can prove that the breach of duty actually caused of the injuries sustained. And last, but not least, you must have sustained some type of injury, or damages, in order to prevail. I've suffered a injury and think I have a case, how do I find a lawyer? Personal injury law can be complex. It helps to discuss facts and issues pertaining to your situation with experienced personal injury attorneys. Curry, Pearson & Wooten offers free consultations. Take time to review the information on our attorneys and schedule an appointment for a consultation. We’ll be glad to meet at a convenient time and analyze your case. If need be, we will come to your location. We have the experience and ability to handle cases including very serious injuries or wrongful death and we have the financial resources to handle these large cases appropriately. What kind of fees should I expect in a personal injury case? Curry, Pearson & Wooten, charges our personal injury clients on a contingency fee basis. We only take a fee if you win (through litigation or settlement) your case. We are paid a percentage of the total amount recovered. Arizona law requires that you have to pay the expenses of investigating and litigating your case, such as court filing fees and payments to investigators, court reporters, and medical experts, as well as the expenses of securing medical records and reports- regardless of whether you win or lose. These costs will be forwarded on your behalf and deducted from any settlement or damage award. What will I get if I win my case? You will be awarded money, or “damages”, for your injuries. Pain and suffering is compensable. In addition, medical bills, lost wages, future wage losses, future medical expenses and physical pain impairment are compensable. It is also possible to receive compensation for any physical disfigurement or disability that resulted from your injury. The damages are usually not considered as income for tax purposes. Even though you win your case and are awarded a judgment and damages, you may have to take further legal steps to actually collect the money. Can I handle my own case without an attorney? Insurance companies employ adjusters and attorneys that have one goal in mind, reducing the amount of money that an injured party receives. It is often difficult, if not impossible, to successfully negotiate an adequate settlement when negotiation isn’t your profession. If it becomes necessary to litigate your claim, you can often make damaging statements and omissions that will be used against you in subsequent proceedings. In addition, it may be possible to arrange medical treatment, even if you have no medical insurance, utilizing our services. For a review of your case please contact Curry, Pearson & Wooten, PLC at 602-258-1000 or click here. This site contains general information that is intended to be accurate and up to date. It is not intended to provide legal advice. For legal advice, please personally consult with an experienced attorney. For further information, see our “Disclaimer”. |
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How do I know if I have a case? What period of time do I have to file a personal injury lawsuit in Arizona? If someone causes an accident and I am hurt, on what basis will that person be responsible (liable)? What if more than one person caused my injury? How do you prove someone was negligent in a legal sense? I've suffered a injury and think I have a case, how do I find a lawyer? What kind of fees should I expect in a personal injury case? What will I get if I win my case? Can I handle my own case without an attorney? |
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