Personal Injury Attorneys in Gilbert, Arizona
When you have been harmed by someone else’s negligence, it can deeply impact you. We know how helpless and lost you may be feeling right now. Having an injury of any kind is frustrating. If you are suffering because of someone else’s actions, you may be eligible for compensation for your damages. We want you to receive compensation for all the ways your life has been impacted by this injury. We know that the insurance company is going to fight against you to save themselves money. It is our duty as personal injury attorneys in Gilbert, Arizona to defend your right to justice. Please do not hesitate to reach out to us as soon as you possibly can. We want to be your fiercest ally in your pursuit of compensation. Call us today to set up your free initial consultation.
The Types of Cases We Handle
Personal injury is a blanket term that covers a lot of different incidents. We handle a variety of cases including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and falls
- Dog bites
- Wrongful death
- Traumatic brain injury
- Construction accidents
- Workers compensation
- Burn injuries
- Nursing home negligence
If you or someone you love has experienced harm because of incidents such as these, please don’t hesitate to call our personal injury attorneys in Gilbert, Arizona to set up a free initial consultation. We will go over the details of your case with you during your free consultation and give you free legal advice about your legal situation. From there, if you have been a victim of negligence, you can choose to file your claim, hire us, and start the process of getting your life back.
You deserve to get justice.
How You Get Compensation for your Damages
There are a few rules and regulations in Arizona pertaining to how, when, and why you are going to get compensation for your damages. It is important to know this ahead of hiring personal injury attorneys in Gilbert, Arizona because it can impact the way you are compensated. Here is what you need to know:
Statute of Limitations in Arizona
Every state has a statute of limitations, but they vary from state to state. The statute of limitations refers to the time period between the accident and the expiration of your eligibility to file a claim for damages. You are not going to be able to bring a claim if you attempt to do it outside of the statute of limitations.
In Arizona, the statute of limitations is two years from the date of your accident. That is going to be the case for almost every single personal injury case. There are a few exceptions, though. If your injury is not immediately apparent, then you will have two years from the date that you discover the injury to bring your case.
Arizona’s Compensation Rule
With certain cases and, in particular, auto accidents, sometimes someone who was injured in the accident also shares some of the fault. There are rules in place in Arizona that apply when both parties involved in the accident share some fault. There can be a reduction in the compensation you receive if you are deemed partially at fault. The insurance companies would like very much to pin some or all of the fault on you to reduce what they owe you. Your personal injury attorneys in Gilbert, Arizona work to protect you from that.
This rule is referred to as comparative negligence. Here is how it works:
Let’s say you were driving home from work and someone merged lanes on the highway without putting on a turn signal and you ended up getting clipped by them. Initially it may seem the other driver is entirely at fault. Let’s say, however, you were going about 10 mph over the speed limit. You may be deemed partially at fault because the insurance company will try to say that, had you not been speeding, the collision may not have happened or it may have been a less severe collision. Of course, it is obvious that the person who just merged without warning into your car is mostly at fault. If you were to be deemed 20% at fault for the accident, for instance, and you were awarded $10,000 for your injuries, you would then receive $8,000 which is 20% less than what you would be receiving if you were not at fault.
Do not be surprised, then, if you see your personal injury attorneys in Gilbert, Arizona having to go up against the insurance company about your shared fault. It shouldn’t surprise you later on in the settlement negotiations if there is talk of the insurance company trying to reduce what they owe you. However, the good news is that Arizona is not one of the states that have a cap on the compensation that you can receive for your damages.
What is Compensation Based On?
When we put a value to your claim, we look at all the detail of your case. For you to get a good understanding of how these cases are valued, let’s take a look at an example of a case and how it was given a case value:
A young girl was walking out of her swim practice around 9pm in winter. She was wearing snow boots that had decent traction. As she walked out of the building, she slipped on the stone step that was immediately outside the entryway.
These circumstances were clearly not her fault, as the stone step was worn down and slightly sloped, no one had thrown down salt to help with the icy walkway, and the area was poorly lit. The fault was entirely that of the property owner. They owed her compensation for her damages. Her personal injury attorneys in Gilbert, Arizona were there to prove all the ways her slip and fall impacted her life.
She broke her foot in the slip and fall. She also shattered her phone. These are the first two damages that would be valued. For the injury, we take a look at how it impacted her (the phone value was an easy one to figure out). Her broken foot took her out of her sport for months which was a decrease in life quality. She needed physical therapy and many doctor visits which includes the emergency room trip.
She would be eligible for compensation for all of this. All of the ways the injury cost her money, such as the medical bills, the replacement phone, and the physical therapy fees, are considered economic damages. The non-economic damages she can receive compensation for include her pain and suffering and the decrease in her quality of life.
We are passionate about getting you results that are full and fair. We work hard to ensure that you are given the best chance at a fair result as possible, and we don’t let the insurance company bulldoze us or get away with a lowball settlement offer.
Truck Accident Attorneys in Gilbert, Arizona
Being involved in a truck accident can leave you feeling like you are helpless. The injuries can be frustrating and limiting. Your life may be forever or temporarily changed due to the injuries and damages that you have suffered in a truck accident. We are committed to bringing you justice. Our personal injury attorneys in Gilbert, Arizona handle cases like yours on a daily basis and fight for full and fair justice. Please reach out to us as soon as you possibly can to set up a free first consultation where you can receive high-quality, free injury advice. Call us right away and we will set up your consultation.
Statute of Limitations for Truck Accidents in Arizona
‘Statute of limitations’ is a term that refers to the amount of time in which you are allowed to bring your claim to seek compensation. It is the amount of time from the date of your accident to the end of your eligibility. Every state has a unique set of laws pertaining to truck accidents. Your statute of limitations in Arizona can vary depending on your circumstances.
We generally encourage you to reach out to our personal injury attorneys in Gilbert, Arizona as soon as you possibly can because these cases can be time-sensitive, which means that if you delay reaching out and starting your claim right away then the likelihood of success for your case starts to diminish. With most auto accidents, including truck accidents in Arizona, you are given a two-year statute of limitations to bring your claim in hopes of getting compensation for your damages.
If you are bringing a claim because of property damage, serious injury, or on behalf of someone who was killed in a truck accident, the statute of limitations remains the same. It is two years for any of these types of cases. If you were to attempt to bring your claim after the date of your two-year anniversary of the truck accident, you are most certainly going to be turned away by the court. This is not a loose guideline; it is a legal deadline.
We strongly encourage you to reach out to our personal injury attorneys in Gilbert, Arizona as soon as you possibly can because we want to get to work on your case immediately. We know that justice does not happen overnight, so we hope that you don’t wait until the last few weeks of your statute of limitations to reach out to us. You can call us as soon as you can. That can be from the roadside of the truck accident, the bedside of the emergency room, or the next day from the comfort of your home. The sooner you act, the sooner we can collect evidence before it disappears and start protecting you from the insurance company that wants to throw away your claim or reduce what they owe.
Arizona Comparative Negligence Rules for Truck Accidents
Compensation is dictated by each individual state’s rules regarding cases. Arizona is a state that follows the rules of pure comparative negligence. Here’s what you need to know:
If, for instance, you were T-boned while stopped at a red light, the other driver is going to likely bear fault in its entirety. In that instance, you would have done nothing wrong and would have done nothing to bring fault upon you. If, however, you were on the highway going slightly above the speed limit and someone merged into your lane without a turn signal and clipped the front of your car resulting in you spinning out, you might bear some responsibility for the accident. This is because, if you were going slower, the crash may not have happened or may have been less severe. In an instance like that, you might bear partial fault for the accident. Due to the compensation laws in Arizona, in the first example you would have no fault in the incident and would receive your compensation award in the fullest percent. In the other instance where you get clipped by somebody but you were speeding and were partially at fault, in the end you would receive a portion of your compensation award because it would be reduced by the percentage that you were deemed at fault.
Arizona law says that either party is eligible for compensation, regardless of whether or not they share fault in the accident. Pure comparative fault allows you to collect compensation even if you are partially and mostly at fault. That means you could be up to 99% at fault and still be entitled to receive one percent of the compensation award. In another example, if you were deemed 20% at fault you would be eligible for 80% of the compensation. Essentially, the insurance company is aware of this fact and they have tactics that they use to try to pin some of the fault onto you so that they can reduce what they owe you. If, for some reason, they were able to say that you are 100% at fault for the accident, of course you would not receive compensation.
Our personal injury attorneys in Gilbert, Arizona fight hard to ensure that you have the fairest chance at compensation. We don’t want something like this happening to you:
You are on a busy road when the person in front of you slams on their brakes, forcing you to do the same. Because they slammed on their brakes, it caused a pileup behind you. You were able to avoid hitting the person in front of you but you got hit by someone behind you. In an instance like that, the insurance company might try to pin you for most of the blame. Let’s say they try and succeed to say that you were 60% at fault for the accident. That would mean that if you were awarded $10,000 in compensation you would only be able to collect 40% of the award, which would leave you with $4,000.
Our goal as your personal injury attorneys in Gilbert, Arizona is to protect your rights to full and fair compensation. We don’t want the insurance company to blow the incident out of proportion and pin you with more blame than you should have. You deserve compensation to the fullest. We want to get ahead of the insurance company by collecting evidence and getting contact information from witnesses. We want to make sure that you don’t speak to the insurance company for a recorded statement because they can and will use your words against you to reduce your compensation award. We also want to make sure that you are getting the treatment that you need to begin your recovery so that we can have proof of the injuries that the liable party caused you. If the insurance company saw that there was a delay in medical treatment between the time of the accident and your filing of the claim, then they will try to say that you lied about how severe your injuries were or that you lied about where you got your injuries at all. Either way, that allows for them to try to throw out or reduce what they owe you.
Make sure you speak to an attorney before you make any sort of contact with the insurance company because those insurance company agents have been trained to speak to you and get answers from you to reduce what they owe you.
Wrongful Death Attorneys in Gilbert, Arizona
When you lose a loved one because of someone else’s negligence, the pain can be unbearable. The term ‘wrongful death’ applies to various accidents that could lead to fatal injuries. If you have lost your loved one and you believe that it could have been prevented, please don’t hesitate to get in contact with our personal injury attorneys in Gilbert, Arizona. We fight for full and fair compensation on behalf of families like yours. Please call us right away and we will set up a free initial consultation with you in which we will go over the details of your case and give you invaluable free advice. We would be more than happy to set up a time right away. Call us today.
What is Wrongful Death in Gilbert?
In Arizona, wrongful death is legally defined as a wrongful act or negligence that caused the death of someone. According to the law in Arizona, you would be able to bring a wrongful death claim if your loved one died in a way that was caused by negligent conduct. Generally speaking, if you can prove that had someone acted differently your loved one would still be alive, you likely have a case for wrongful death. Our personal injury attorneys in Gilbert, Arizona are willing to talk to you during a free consultation to give you invaluable advice.
Wrongful death cases are brought by the family of the deceased who was the victim of an accident caused by a negligent party. These cases are brought in civil court in the hopes of receiving damages in the form of compensation for the family and loved ones of the deceased.
If you believe you may be eligible for compensation because of the death of a loved one please reach out to us right away so that we can go over the details of your case and put you on a path to success.
Who Actually Brings the Claim?
You may wonder if you would be the one to actually bring the case on behalf of your deceased loved one. In Arizona, there is a statute that limits who can legally bring a wrongful death claim. Here is a general list of who is legally allowed to bring a wrongful death claim in Arizona civil court:
- The spouse of the deceased that they left behind
- The children of the deceased that they left behind
- The parents or guardians of the deceased that they left behind
- A personal representative of the deceased’s relatives including children, parents, guardians and spouses
- A personal representative of the deceased’s estate
If the lost loved one was a minor in the state of Arizona, the person who will be bringing the claim is either going to be the legal guardian of the child or the parents of the child. If you have any questions about whether you are the one who is entitled to bring the claim, please call our personal injury attorneys in Gilbert, Arizona as soon as you possibly can.
Arizona Wrongful Death Damages
When you seek damages in a wrongful death claim, you are going to be pursuing justice in the form of financial compensation. This is what makes a wrongful death claim different from a criminal case involving homicide. Criminal cases will bring you justice by punishing the defendant with penalties or imprisonment. The purpose of a wrongful death case is to hold the liable parties accountable in civil court and seek justice in the form of money damages. When you make a wrongful death claim, you are not looking to put someone into jail. You are seeking financial compensation for the damages you have suffered because of your lost loved one.
There are two general categories for damages in a wrongful death claim. The first category would be any loss that was inflicted on the deceased person’s estate due to their death. This category would include the following as damages you could receive compensation for:
- The costs for a funeral and burial
- Any medical bills regarding the emergency care that the deceased incurred in their final treatments
- The lost wages and benefits that this deceased person would have brought in and earned had they lived
- Any property damage involved in the event such as a car accident with a vehicle being totaled
- The pain and suffering that your loved one had to endure before they passed
The next category of damages that you can receive are those that you suffer as a member of the family because you have lost someone in an untimely fashion. These damages would include:
- Losing a companion, a mentor, or someone who cared for your family
- Losing the value of the deceased person’s role in the household
- The pain and suffering that you and your family have had to go through because of an untimely and possibly avoidable death
Each case, just like each person’s life, is going to be different and unique. You want to make sure that you have personal injury attorneys in Gilbert, Arizona at your side to tell you what damages you are entitled to and what not to settle for when the insurance company comes to you with a lowball offer.
In Arizona, for wrongful death cases involving multiple family members, you must decide between how the estate is divided and how the damages are awarded between yourselves. If there is no agreement amongst you, then the court could step in and define how the damages should be divided, which would be a decision that is final and binding.
We would be more than happy to discuss the process with you further during a free consultation with our personal injury attorneys in Gilbert, Arizona. Call us today to set that up.
Statute of Limitations for an Arizona Wrongful Death Claim
In every state, there is a limited amount of time in which you are permitted to bring a claim. Arizona has a statute of limitations particular to a wrongful death case. This is a legal deadline and would not affect your case if it was a death brought on by criminal activity.
Arizona state says that wrongful death cases must be filed within two years of the date that you lost your loved one. If you bring your case after that deadline, then you are no longer going to be eligible to receive compensation on behalf of you and your family. We urge you to get in contact with our personal injury attorneys in Gilbert, Arizona as soon as you possibly can to avoid losing out on the justice that you and your family deserve.