We know you have questions. We have your answers.
*These responses cover most but not every scenario. If you have additional questions or want to discuss your individual case, feel free to contact Curry, Pearson & Wooten P.L.C. We are here to help you.
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What is negligence? Basically it is the failure to act reasonably. It is based upon what a "normal" reasonable person would do faced with the same situation. Doing something carelessly or failing to do something that a reasonable person would do is negligence. For instance, running a red light and causing an accident would be negligence. In order to show someone was negligent you must prove the had a legal "duty" to act a certain way and that they failed to do so. Most personal injury cases are based on negligence- although some are intentional or based upon product liability doctrines.
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What types of recovery, or damages, are available in injury cases? The law has different categories of damages in an injury matter. The categories are:
- Special Damages - damages that can be assigned a clear monetary value
- General Damages - damages having values which are subjective
- Punitive Damages - awarded to punish the defendant
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What are Special Damages? Special damages are damages that can be assigned a clear monetary value. Some of the most common special damages (also called economic) damages are:
- Court fees and costs
- Past and future medical expenses
- Repair costs or replacement costs for the injured person's damaged property
- Lost income from time the plaintiff spent in the hospital or at home recovering
- Lost earning capacity due to long-term disability caused by the accident
If you have further questions about special damages, or if you would like to speak with a skilled Scottsdale personal injury attorney in a free legal consultation, please call us today at 1-888-929-5292.
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What are General Damages? General damages are damages to which a precise monetary value cannot be assigned. The value of these damages is more subjective, and is calculated based on a person's particular situation. Some of the most common general damages are: compensation for a plaintiff's physical pain and suffering, mental or emotional turmoil caused by the plaintiff's injuries, physical impairment or disfigurement, loss of consortium and economic support in the case of a wrongful death lawsuit. It's often hard to assign monetary values to these types of damages. This is because these damages affect different people in different ways.
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What are Punitive damages? Punitive damages are awarded to punish the defendant. They are very rarely awarded in personal injury matters unless the defendant's actions were especially egregious or risky.
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What is pain and suffering? Damages awarded over and above medical costs and lost wages.
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What is the statute of limitation in an Arizona injury case? What is the statute of limitation in an Arizona injury case? Generally 2 years- yet it can be as little as 180 days (in the case of a governmental entity) from the date the incident occurred.
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What is wrongful death? Arizona laws that give family members a legal case against someone who's negligence resulted in a family member's death. Almost any type of conduct that leads to another person's death can be grounds for a wrongful death lawsuit.
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How much is my personal injury claim worth? That depends on if a person is solely responsible for your injury- or if you are partially to blame as well as the severity of your injuries, and many additional factors.
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Should I speak with the other person's insurance company? No. Not without speaking to an experienced personal injury attorney FIRST.