Personal Injury Attorney Scottsdale, AZ
A personal injury attorney Scottsdale, Arizona offers knows all too well how victims feel when they’ve been injured by the fault of another person. Personal injuries are chaotic and traumatic events that can leave you feeling like a tornado just ripped through your life. There are so many moving parts involved with personal injury cases and as soon as the accident occurs, they all collide with one another going full speed. If you’re like millions of other people who have been in an accident that resulted in injury, you’re probably looking to gain a deeper understanding of personal injury law and how it pertains to you. Look no further. The Yearin Law Office is here to help.
What Is Personal Injury Law?
Personal injury law refers to a section of the law that specifically deals with those who have been injured due to the negligent behavior of someone else. The negligent person in these scenarios is the one whose actions lead to the injury or harm of another person, typically in the form of breaking a law or failing to take proper care in doing something. A personal injury attorney in Scottsdale, AZ can assist you through your lawsuit and get you every penny you’re owed.
4 Reasons You Should Hire a Personal Injury Attorney
There is a common feeling among victims of personal injuries that they are somehow being aggressive or greedy by filing a claim against an insurer and hiring an attorney. This feeling or belief is typically unfounded. There is nothing wrong with wanting to be compensated for your injuries, especially when apparent negligence played a role in the accident. Therefore, before you start feeling guilty for wanting to hire an attorney, consider at least these four reasons you should.
- Focus on Your Recovery
The main reason to hire Scottsdale, Arizona personal injury attorney is to reduce the amount of stress you need to deal with. An attorney will help handle all of the necessary paperwork for your case, including the gathering of medical bills, filings, and deadlines. By having a lawyer focus on the bureaucratic side of things, you can spend more time focusing on your recovery and tending to your family.
- Avoid Mistakes
While the law, in general, is a complex topic, personal injury law doesn’t get any easier to understand, which is why lawyers spend years getting their education and passing the bar. For people inexperienced with the laws governing personal injury claims, it is easy to make mistakes during filings, depositions, and mediations. Therefore, hire an attorney to help you avoid the pitfalls and ensure that your claim makes it to settlement negotiations.
- Get the Support You Deserve
While you may have some hesitations looking for an attorney, understand that insurance companies already have law firms on retainer. Therefore, by not finding a lawyer to support your interest, you may be putting yourself at a significant disadvantage. Hiring a lawyer is not vindictive or cruel; it is protective.
- Ensure Settlements are Fair
Do you want a fair settlement? Do you want to be able to cover your medical expenses? Without representation, you are more likely to walk away from a personal injury claim with less than you deserve. Settlement negotiations require skills that are acquired through years of practice and experience, time that you likely have not put in. Therefore, do yourself and your settlement a favor and hire an experienced lawyer.
If you were injured because of the negligence of someone else, then contact a local personal injury attorney. They will be able to help you come up with a plan for moving forward with your claim. There is no shame in seeking assistance and hiring a lawyer only ensures that you are protecting your interest.
What types of injuries are included under Personal Injury?
Personal injury can include numerous types of injuries – each their own subsection of law but still falling under the umbrella category of personal injury. Below is a list of the more common subcategories of personal injuries under which you can file a claim:
- Birth Injury: An injury or disability (typically) caused by the poor decision-making of medical staff, that occurs during or after birth.
- Medical Malpractice: Negligence of a medical professional that results in injury or death.
- Wrongful Death: Negligence of another that results in death, brought by family members of the deceased.
- Brain Injury: A trauma to the head that results in the short-term or permanent injury of the brain.
- Auto Accidents: Car accidents, motorcycle accidents, truck accidents, etc.
- Product Liability: A product defect that caused an injury to the user, such as a vehicle with a malfunctioning brake system.
- Mesothelioma: A large portion of these cancer cases can be linked to asbestos exposure and can be pursued against an employer or entity that didn’t take the necessary precautions.
- Bad/Wrong Medication(s): If you take prescription medication and you suffer an injury or disability because you were given the wrong type or a bad medication, you can file a personal injury claim against the manufacturer.
Things To Know About Medical Malpractice
Medical malpractice is a personal injury case that is brought against hospitals, nurses, physicians, or other medical care professionals. These people are sued for medical malpractice when injury or disability occurs because they received medical care or treatment they did not need, did need but did not get it in time, and much more. To file medical malpractice a patient must have been injured due to negligence in the healthcare field associated with their injury or illness. They also have to prove the four elements of a medical malpractice claim.
These four elements are: that the health care professional had a duty to the patient, the duty was breached, the breach caused direct harm, and the harm caused the injury or disability.
If any of the following elements don’t present themselves then the victim may not have a case. In all personal injury cases, the burden is on the plaintiff or victim to prove their case. They must be able to prove the doctor or other professional involved was liable for the injury, and a doctor does not have to prove that he was not.
The standard of proof is used to assess a plaintiff and if they have proven their case or not—they have to prove that all four elements, more than likely, existed. Duty of care can be proved by proving the location you were treated at had to treat you—
Hospitals must treat all patients who are admitted; and the law requires that the hospital admits a patient who needs emergency care, even if they cannot pay.
- Doctors have a duty to patients under their care.
- Nursing homes’ duty is to their residents.
This duty is the easiest one to prove—but it has to exist for the malpractice case to be brought forth. You cannot claim an off-duty physician had a duty to treat you outside of the hospital or doctor’s office. Once you have established there was a duty of care, you have to establish that the doctor or professional you’re suing had a breach of duty. Were they less reasonable, less care, or less skilled than they should have been? Did they fail to diagnose you or present you with improper care or neglect to treat you properly at all? Those are all examples of duty that’s been breached. Furthermore, medication errors such as prescription dosage errors or the wrong medicine being given are breach of duty, as are unclean environments.
Causation is the hardest thing to prove because causation does not always equal what happened. You have to prove that the negligence was the direct cause of the damage or injury, and it gets tricky because the hospital may argue that it would have happened anyway. A hospital may argue that cancer that went undiagnosed would have killed the patient regardless of diagnosis; and while they are right, chemotherapy and other treatments may have given the patient more time and therefore it is considered medical malpractice.
These are just a few of the more common types of personal injury cases that a personal injury attorney Scottsdale, AZ handles. Even if you do not see your injury listed above, you should still contact the Yearin Law Office. If you’re unsure about your injury, the best way to figure out your options is to contact the Yearin Law Office.
Call today to set up a free consultation, where you’ll be able to discuss your case with a personal injury attorney in Scottsdale, AZ, and determine the next steps. Don’t wait until it’s too late to file. If you’re looking for a personal injury attorney Scottsdale, AZ, offers then call the Yearin Law Office today.
What are birth injuries?
Birth injuries damage that occurs as a result of physical pressure during the birthing process usually through the birth canal; which means during the process of giving birth. Many newborns have minor injuries during birth, however there are some types of birth injuries that should not happen.
A difficult delivery at the risk of injury to the baby can occur with extremely large fetuses, which means that if a baby weighs more than 10 pounds to 11 pounds there your doctor. is going to recommend a cesarean delivery. Injury is also more likely when the fetus is lying in an abnormal position in the uterus before birth, such as being breach.
Birth injuries are most commonly due to natural forces of labor and delivery however sometimes doctors are old-school and instead of doing a C-section they choose to hold the fetus out using forceps which is a surgical instrument with mounted edges that fit around the fetus’s head. However bringing the fetus down from high in the birth canal of warships had a high risk of causing birth injuries and is usually not used in the early stages of birth. Typically forceps are only used when the babies near the end of exiting the ventricle canal.
But there are some birth injuries that are extremely common. And sometimes these birth injuries are indeed caused by natural forces, but other times they are caused by negligence on your physician part. If you feel that your child has sustained a birth injury or dominant disability from a birth injury due to negligence on your physician’s part, you should reach out to a personal injury attorney in Scottsdale, AZ.
Facial nerve injury is evident when the newborn cries because his face will appear lopsided and asymmetric. This injury is caused by pressure against the nerve due to the way the fetus was positioned in the uterus before birth, or the child being pressed against the mother’s pelvis during delivery, or forceps being used to deliver the child. The brachial plexus is a group of large nerves located between the neck and the shoulder which leads to each arm. During a difficult delivery one or both of the baby’s arms can be structured into these nerves. This can cause weakness or paralysis in a part or all of the baby’s arms and hands.
If you think that your physician is at fault for your baby’s injury, then you should reach out to an attorney to talk about it. Even if it is a common birth injury but it could have been prevented then there is signs of negligence that your physician deserves to own responsibly for.
A Personal Injury Attorney in Scottsdale, AZ Can Help
If you or a loved one has been injured and believe it was the actions of another party that caused your harm, you may be able to recover monetary compensation. Technically, you can file a claim on your own. However, by doing so, you may risk losing out on money that you need to cover the costs of your cumulative losses. Insurance companies want you to go directly through them, but any good Scottsdale, Arizona personal injury attorney would advise you to do otherwise. If you want to find out how to recover maximum damages, please call Yearin Law Office.
The personal injury attorneys from Yearin Law Office offer comprehensive legal advocacy for those who have been injured in accidents that involve an act of negligence. We support our clients through the entire process and, if we cannot reach a settlement, we will be ready to go to trial. Rest assured, we are prepared to face your cases’ own unique obstacles and will do whatever is legally possible to overcome them. Our strategy and skill are incredibly strong, and our tenacious drive only compliments this. If this sounds like the kind of Scottsdale, AZ personal injury attorney you would want on your side, please call us right now.
Maximize Your Compensation
Whether you were injured in an accident or lost a loved one, at Yearin Law Office, we can help you. We know the initial trauma, as difficult as it might be, is typically not the only harm you will suffer from. Our personal injury attorneys will take this into consideration and ensure all facets of your cases’ circumstances are assessed and analyzed. By doing this, we are able to recover maximum damages for:
- Medical treatment
- Future medical care
- Physical pain and suffering
- Lost wages and loss of income
- Loss of consortium
- Loss of the ability to enjoy life
- Emotional distress
- Funeral and burial costs
The damages listed above are referred to as economic and non-economic damages. Economic damages are those that have an actual dollar value to them. For example, your medical expenses for treatment for your injuries all add up to one total amount that you are entitled to receive financial compensation for. Another example is the amount of lost wages you have from being unable to work while you recover.
Non-economic damages are those losses that do not have a quantified amount to them and need to use other methods of calculation, such as pain and suffering and emotional distress. Your Scottsdale AZ personal injury attorney will use a formula that considers the extent of your injuries and the total amount you have in economic damages in order to come up with a final figure for your non-economic damages.
There is a third type of damage that many victims are awarded, depending on the circumstances of their case. These are referred to as punitive damages. Punitive damages are separate from the other two types of damages, which are intended to “make the victim whole.” Punitive damages are instead meant to punish the at-fault party when their actions or behavior were especially egregious. Punitive damages are usually awarded to the victim when the at-fault party showed a reckless disregard for the safety of others or had an “evil hand and evil mind” in their actions.
Punitive damages are also meant to send a notice to “society” that the behavior of the at-fault party will not be tolerated. These are sometimes referred to as “exemplary damages” because they are meant to make an example and discourage other people from acting the same way.
Examples of Punitive Damages
Punitive damages are not commonly awarded in personal injury lawsuits in Arizona. Your Scottsdale AZ personal injury lawyer can determine if you may be eligible in your case. Examples of when punitive damages are appropriate include the following:
- Vehicle accidents: While the majority of car accidents are caused by unintentional acts by the at-fault driver, there are situations where a driver may intentionally ram their vehicle into the victim’s vehicle. For example, in cases of road rage where a driver is so enraged they purposefully crash their car into another, the legal standard of “evil hand, evil mind” set by the Arizona Supreme Court would likely apply.
- Medical malpractice: If it can be shown that a medical professional intentionally caused a patient harm, there can be punitive damages awarded. This is especially common in nursing home neglect and abuse cases where the acts of the nursing home staff that causes the resident harm are often intentional.
- Assault: When a victim is assaulted by an individual and suffers injuries, that victim is not only entitled to sue their attacker for financial compensation for their losses, but they may also be awarded punitive damages. As a Scottsdale AZ personal injury attorney can explain, this legal action is separate from any criminal charges the attacker may face.
Important Evidence in a Personal Injury Claim
In order to successfully win a claim, a Scottsdale, AZ personal injury attorney will seek various forms of evidence, including:
- Eyewitness testimony
- Photographs of the scene
- Photographs of your injuries
- Surveillance or dashcam footage
- Medical records
- The police report
- Evidence from the scene of the accident
- Pay stubs
- Doctors reports
Additional important information such as the following will be considered:
- Who was at fault
- The location of the accident
- The extent of the injuries
- When you receive medical care
- What kind of medical care you received
- An estimate of the property damage
- The number of hours you missed from work
- The cost of your medical bills
- Other losses
- Prospective medical treatment and outcomes
As a personal injury attorney in Scottsdale, AZ, we will not only consider your current losses, but also those that are likely to arise in the future. Guided by experience and an investigative team, we will work tenaciously to build a strong defense that cannot be refuted.
What To Do When Your Personal Injury Claim is Denied
After you have suffered from an injury, you may think that the worst of it is over after you have filed a claim. You may finally be on the road to recovering physically and you are finally through with the paperwork. However, if you get a personal injury claim denial, you may think that there is no hope left to recover any compensation. This not true, however. When you work with a trusted personal injury lawyer, you do not have to fret that there is no hope. Instead, reach out to our office to see how we can help you when an insurance company has denied your claim.
What are the first steps?
It can help to feel organized after a personal injury claim denial. You may be wondering what steps you should take next. First, breathe. A denial does not have to be the end of the road, especially when you are work with an attorney. Next, gather your personal injury claim documents and your denial letter and call your attorney. One of the first things your attorney will do is go over the letter to see why your claim was denied. The insurance company may have fine print in their claim, they may say you do not have enough evidence, or they may say that you filed your claim too late after the accident.
After going over the reasons that your claim was denied with your attorney, the next step is to dispute the insurance’s reasons for denying your claim. For example, if the letter they sent was generic and too ambiguous, your attorney may write back pointing out any errors and stating clear facts. Remember, one of the best things you can do in this situation is to work with an attorney because fighting with an insurance company can be a long and difficult process.
What happens if insurance does not respond?
In the event that the insurance denies your claim again or does not respond to your letter, you have the right to seek further legal action. This means you may need to file a lawsuit and prepare to go to court. You will want to work with an attorney who will be aggressive in the courtroom when it comes to arguing on your behalf. Speak with your attorney if you are willing to file a lawsuit and discuss what those next steps may be.
When you are looking for a personal injury law firm that cares about its clients and loved ones, count on Yearin Law Office.
To learn more, please call a personal injury attorney Scottsdale, AZ clients recommend today.
Can You Claim Negligence in a Personal Injury?
You may have heard the word “negligence” before – but in a legal context, what does it actually mean? Negligence is often an essential piece of a plaintiff’s personal injury lawsuit, as it helps establish fault. Generally, the plaintiff is suing the defendant for causing their injury, whether through action or inaction. If you believe someone is at fault for you or a loved one’s injury, pursuing the negligence angle may be a good option.
Establishing Duty of Care
“Duty of care” is a legal phrase that comes up often in personal injury lawsuits. It’s a legal term that helps define the level of one’s responsibility for the safety and wellbeing of another person, and it’s the first step in pursuing a personal injury case based on negligence. Common pairings that involve higher standards of care include:
- Doctors and their patients
- Transportation operators and their passengers
- Teachers and their students
- Managers and their employees
Workers are generally obligated to avoid injuring their customers, and situations such as those above tend to have more specific guidelines. However, there are thousands of professions that don’t have specific legal regulations on the standard of care. By law, most people are expected to take “reasonable” steps to protect customers or passersby, but what is considered reasonable differs case by case. This can make pursuing a personal injury case difficult if the degree of liability is not agreed upon.
Once the duty of care is established, you have to prove that there was a breach. This simply means that the defendant did not meet that standard of care, either through action or inaction, thus directly causing your injury. In many situations, fault can be easy to determine. For example, if you were injured in an accident as a passenger of a taxi, you can prove your driver was at fault by testifying about any traffic violations your driver made. However, if the causes and effects are not obvious, it may be more difficult to prove liability. Presenting any evidence proving what the defendant did to breach their duty of care, such as police reports or medical records, is essential to helping you win your case.
Getting Expert Help
A personal injury lawyer who specializes in these types of claims will help you file your claim, defend your stance, and hopefully negotiate a settlement at the end of the process. Filing a lawsuit is no easy task, so make sure you’re doing everything you can to make the best case for yourself.