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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Will my case go to trial?
Only about 5-10% of all personal injury cases end up in a formal trial. The great majority of cases settle before trial. For further information on the trial process see Arizona Rules of Civil Procedure 38 through 53.
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.
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
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.
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.
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.
What is pain and suffering?
Damages awarded over and above medical costs and lost wages.
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.
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.
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.