Personal Injury Lawyer Scottsdale AZ
If you’ve been injured through no fault of your own, it is advisable for you to consult with a personal injury lawyer Scottsdale, AZ relies on. Whether you’ve been hurt on the job, involved in a motor vehicle accident, slipped and fell on someone else’s property, or been injured by a defective product, a personal injury attorney can help. In most of these situations, the outcome is often better when you work with an experienced personal injury lawyer, like Yearin Law Office.
What is a personal injury?
Knowing what a personal injury is seems like something that everyone in the world should know; however this is not true. Personal injury is typically defined in everyone’s mind, body or emotion. This is always an injury to a person as opposed to an injury on someone’s property. Personal injuries the area of law that seeks to compensate victims who have been injured and punish the offenders for these injuries to monetary awards and as punitive damages.
Who can file a personal injury lawsuit?
Once you retain a personal injury lawyer, the lawyer is going to file the lawsuit on behalf of you. If the victim is deceased or parent be mentally incompetent the lawsuit is going to be brought up by a family member or legal guardian. Others who are directly harmed by the personal injury may also have a cause of action.
Can I file a personal injury lawsuit at any time?
No. There is a statute of limitations on filing for personal injury lawsuits, and the personal injury lawyer that you hire will be able to answer any questions regarding this. If your personal injury case is filed after the limit’s statute has expired it is very likely that the lawsuit be dismissed and you will have no recourse or method for compensation.
How does personal injury law compensate victims?
In typical personal injury lawsuits two types of damages are awarded punitive damages or compensatory damages. Each state has handled how these are dictated, and your Phoenix-based personal injury attorney can help you understand these rights.
When personal injury attorneys are proving your case or settling with your case you are often rewarded with compensatory damages. These are meant to compensate the victim for the injuries that they have suffered in the accident. To calculate these damages a monetary value is assigned to the impersonal harm, property loss as a result of the injury and more. The monetary value can be actual or it may be estimated. Actual losses include medical bills, repair bills for an automobile or other property that was harmed as a director to personal injury, lost wages or earned sick or vacation time that had to be used by the victim for recovery.
Indirect victims of personal injury may also have a legal claim to compensation. Spouses for example can file a suit to recoup monies for lost affection or loss of the spouses contribution to the household.
Punitive damages differ from compensatory damages and that punitive damages are awarded to punish the perpetrator of the personal injury and not compensate the victim of the injury. The goal of punitive damages to convince the defendant to change the harmful behavior by punishing them economically. These types of damages are not awarded in every personal injury case. There are a lot of factors that go into determining what amount of punitive damages the plaintiff of a personal injury lawsuit should ask for, and having competent representation with an experienced and focused attorney is just one thing a victim of personal injury can do for themselves.
What are Employer Responsibilities for Workplace Accidents?
If you suffered a personal injury on the job, your employer has a responsibility to take care of you. Neglecting those duties may land your employer in hot legal water. Below, Yearin Law Office explains employer responsibilities when responding to an on-the-job injury. Help your personal injury lawyer in Scottsdale AZ, determine how to approach your case and protect your rights.
Provide Immediate Medical Assistance
Employers should provide injured workers with medical assistance immediately after a workplace accident. Even if the employee does not seem injured or show signs of harm, it’s a good idea to have a doctor look him or her over, anyway.
Complete a First Report of Injury
Companies should also draw up a First Report of Injury and submit it to the workers’ compensation insurance carrier and the local workers’ compensation board office. Companies that refuse to create a report of the injury could find themselves charged with a misdemeanor.
Work With the Insurance Carrier
Employers and employees must cooperate with the company’s workers’ compensation carrier as it investigates the injury. The insurance provider may have its own personal injury lawyer in Scottsdale AZ, and employees and employers should cooperate with him or her, too. Injured employees may want to have the insurance company’s legal team reserve their questions for her or his personal injury legal representative.
Employers may have to submit the injured worker’s payroll history or personnel file. The worker’s compensation provider may also want to speak to employees who witnessed the accident or supervisors. If so, companies must comply as quickly as possible.
Help the Injured Worker Return to Work
Your employer’s responsibilities do not end after you receive medical attention or after working with its insurance carrier. When you recover enough to get back to work, your company must help with the transition. That may involve switching you to light-duty with responsibilities that match your physical capabilities and whatever restrictions your doctor recommends. Employers cannot terminate or punish injured workers for filing a worker’s compensation claim. Doing so may open them to legal action from Yearin Law Office.
Refrain From Committing Fraud
Just as injured workers may commit insurance fraud, the same applies to employers. For instance, neglecting to submit a First Report of Injury to reduce a claims history qualifies as fraud. Injured workers may learn of such deceitful acts if they find out why they did not receive the benefits they deserve.
Reasons to Consult a Personal Injury Attorney
A proven and knowledgeable attorney can work to get you the maximum compensation possible for your injuries. A few reasons why you are well-advised to consult with a Scottsdale, Arizona personal injury lawyer include:
- You Might Increase Your Chances of Winning: Even what seems like a cut and dried personal injury case needs capable legal support. If you don’t have the right legal team to file and craft your lawsuit, you might lose your case. The more complicated your lawsuit is, the more you need a seasoned attorney on your side. A personal injury attorney can strive to increase your chances of obtaining a favorable result, making it more than beneficial to seek legal representation.
- You Might Get a Bigger Settlement: Even if you feel as if your case will stand up to scrutiny by the other party’s insurance company and attorneys, you can still benefit from hiring a Scottsdale, AZ personal injury attorney. The lawyers and insurance companies on the other side have one thing in mind: saving themselves money. In the end, an attorney can fight to get you the settlement amount that you deserve.
- You Won’t Have to Deal with the Stress of It Alone: Many people find that it’s wise to hire a personal injury lawyer so that they can focus their attention on recovering from their injuries. Personal injury cases are often stressful, and without accomplished legal representation, you’re left to handle it all alone. It would be best if you were focusing on getting rest and recovering from your injury. Recovery is your most critical job. Let your attorney handle the other details involved with the legal end of things.
See What We Can Do For You!
When you want to get comfortable working with a personal injury lawyer, it can help to have a list of questions to ask them when you go into their office or speak with them over the phone. While you want to find someone who can help you with your case and has a good track record, it is important that you are comfortable with your personal injury lawyer and begin building a relationship from the start. At Yearin Law Office, we take great pride in knowing that we do everything we can to help our clients when they are suffering from a personal injury that was caused by someone else’s negligence and building a good relationship is the start. To see what we can do for you, give our office a call.
Five Myths About Personal Injury Law
Personal injury law covers a wide array of circumstances. Car accidents are probably the most common, but they’re far from the only personal injury cases your Yearin Law Office personal injury lawyer in Scottsdale AZ, has seen. With all the personal injuries out there, there are bound to be myths and misconceptions. Here are five of them.
I Had a Pre-Existing Condition, so I Can’t Claim Damages
Even if your injury was exactly where you had a pre-existing condition, you can still claim damages, since the injury caused new damage. It may be a fight getting the insurance companies to see things your way, though. That’s why you need a personal injury lawyer in Scottsdale AZ, from Yearin Law Office to help you get the medical records you need to navigate your claim.
I Was Partly at Fault, so I Can’t Claim Damages
In some states, that may be true. Arizona is a “pure comparative fault” car accident state. That means that even if you were 90% responsible for your injury, you can still recover 10% of the damages you’d otherwise be entitled to. On the other hand, that would mean you’re responsible for 90% of the other party’s damages. Your personal injury lawyer in Scottsdale AZ, can walk you through things after his accident reconstruction investigator files a report.
I Have to Tell My Insurance Company Everything
You’re most likely required by your insurance company to report any accident to them. However, that doesn’t mean you have to tell them everything. In fact, you want to tell them as little as possible. You were in an accident. You suffered injuries. Your car was towed away. End of discussion. They may ask you to make a recorded statement; decline their invitation until after you speak with an attorney.
I’ll Have to Go to Court if I File a Lawsuit
The vast majority of the time, personal injury lawsuits are settled well before they would ever be heard in open court. Your personal injury lawyer in Scottsdale AZ, can negotiate with the other party’s insurance company to get a fair settlement for you, one that covers your medical bills, future medical expenses, lost wages, future lost wages, pain and suffering and more.
Car Accidents Are the Only Kind of Personal Injury You Can Sue For
Car accidents make up a fair amount of personal injury cases. However, they’re far from the only cause of personal injury lawsuits. Some others include:
- Medical malpractice
- Workplace injury
- Dog bites
- Slip and falls
- Wrongful death
- Premises liability
- Product liability
Is there a typical amount of compensation I can expect to get?
We understand that when you are recovering from a personal injury you are likely wondering what it will take to get the compensation you deserve and want to know how much you will get. Every personal injury claim is going to be unique and different even if it has the same basic components. Someone else who was in a similar car accident as you were or who had a similar slip and fall accident may get more or less depending on other circumstances surrounding their accident. We will not be able to give you an exact answer when it comes to how much you will get because it could be an incorrect number and it may be exaggerated.
What is your courtroom experience?
It’s important that you are not afraid to ask your personal injury attorney what their courtroom experience is. With personal injuries, most people do not realize that not all of the cases go to a courtroom. In fact, many times clients are surprised to learn that they can settle outside of court (which makes the process less complicated and quicker). However, in the event that you do need to go to court, feel free to speak with your attorney about what kind of courtroom experience they have had, especially with similar cases. You want to know that you have an attorney who can be aggressive in court when it comes to speaking about what you are owed but someone who knows a good settlement offer without needing to go to court.
Factors to Consider When Filing a Personal Injury Lawsuit
When you are injured due to another party’s negligence or recklessness, Arizona law allows you to pursue damages against that party for the losses your injuries have caused you. The at-fault party may be an individual, a property owner, a business, or even a government entity, depending on the circumstances of the accident. In some cases, there may even be more than one liable party named in your lawsuit. There are many factors that can affect your lawsuit, which is why it is important to speak to an experienced Scottsdale AZ personal injury lawyer about your case.
Preserving evidence: It is critical to any personal injury case to preserve as much evidence as possible. Without evidence, you may not be able to prove the other party’s liability. The other party may even intentionally “lose” or destroy evidence. This is why having a personal injury lawyer representing you right away is so important. Your lawyer knows the legal steps to take to ensure any evidence is preserved.
Time to file: Arizona, just like all other states, only allows a certain amount of time to file your claim. This is referred to as the statute of limitations. Once that time has expired, you will lose the option to sue the party who was responsible for your injuries. Arizona law sets that time at two years. In most cases, the clock starts ticking the day of the accident that caused the injury, however, there are some exceptions. Your personal injury lawyer in Scottsdale AZ will be able to determine what the statute of limitations is in your case.
Comparative negligence: Arizona is a comparative negligence state. This means that the victim can still recover a percentage of damages even if it is determined that they shared some portion of liability for the accident. For example, if one driver was traveling over the speed limit when another driver ran a stop sign and crashed into them, the driver who was speeding may be legally deemed to share a percentage of the fault in the crash. That percentage would then be deducted from the final amount awarded to them in a personal injury lawsuit.
Settlements: The majority of personal injury lawsuits never go to trial. Instead, negotiations take place between the injured party and the at-fault party (usually their insurance company) to come up with an agreed-upon settlement amount and avoid a jury trial. Unfortunately, insurance companies take advantage of victims who do not have legal representation and will often offer settlement amounts far less than the victim deserves. Having a skilled Scottsdale AZ personal injury lawyer representing you in these negotiations sends a message to the insurance company that their usual tactics won’t work, and they need to come up with a fair and just settlement amount.
How to Protect Your Interests During a Personal Injury Case
Getting into a car accident or sustaining injuries in another type of accident can render you unable to do the normal things you do every day, like going to work or school, completing yardwork and housework, caring for children, cooking, etc. If you sustained injuries because of another person’s negligence, it is important to contact a personal injury lawyer in Scottsdale AZ at Yearin Law Office and take several steps to protect your interests in the coming days.
Go to All Your Medical Appointments
Not all accidents result in catastrophic injuries. But some seemingly mild injuries can result in long-term problems that require treatment and therapy. For example, if you hit your head in a car accident, you may not notice symptoms of having a concussion at first. But symptoms may develop that require you to go to therapy or a doctor.
Even if you do not think you need to see a doctor following your accident, attend all your appointments. Continue to go to all your medical and therapy appointments until the recommended course of treatment concludes. This can help you maintain record of your healing and recovery process, as well as ensure you receive treatment for symptoms that occur later on.
Cooperate with Discovery
Your personal injury lawyer in Scottsdale AZ will need to gather documentation to support your case. If they request a document or information from you, provide it promptly. You should also provide them with updates about your recovery process and copies of any expenses you incur for medical treatment. Additionally, if you have information relating to the accident or any witnesses, provide these details to your attorney as soon as you can.
Communicate with Your Attorney
When you work with a personal injury lawyer in Scottsdale AZ at Yearin Law Office, you likely want to resolve your case as efficiently as possible. But this is difficult to do if you do not communicate with your lawyer. If your lawyer contacts you, return their call or email within a reasonable timeframe. Working in partnership with your lawyer can help you move your case forward, so that you can increase your chances of receiving fair and proper compensation.
Recovering from an accident that results in serious injuries can take several weeks or even months. By taking steps to protect your interests, you can enhance your recovery process and hold the negligent party accountable for their actions.
How to Handle the Insurance Company
When you decide to pursue a personal injury claim, your case will be assigned an insurance adjuster. This person is not working for you, but rather for the company. That said, they might tell you that they are ready and willing to work with you. The adjuster may be friendly, supportive, and empathetic to your situation. They will tell you how they want to resolve your claim in a timely manner, so you can move forward in life. As a personal injury lawyer, Scottsdale, AZ has to offer, we would like you to know that their ultimate goal is to settle for the least amount possible. They are very good at doing this because they are rewarded for their performance. In other words, they may be offered a bonus or promotion for settling claims for the least amount possible – this could very well include your own case. Because insurance adjusters are well known for their clever tactics and convincing language, you should retain a Scottsdale, Arizona personal injury lawyer.
The Insurance Adjustor Is Not Your Friend
It is the duty of an insurance adjuster to turn a profit for the company. As they work towards this goal, they might tell you not to worry. Or, that everything will be handled and you don’t need a lawyer. It should be said that in small, straightforward cases that involve limited, minor injuries or damages, you very well might not need a legal advocate. Anything that is complex, or involves a significant amount of losses, should be overseen by a qualified lawyer.
At some point, you might be asked to provide a statement about what happened. Should you agree, and lack preparation, you could very well be lured into saying something that will be used against you. It is generally recommended that you avoid giving a recorded statement, or signing something without a lawyer at your side. This is because it is too easy to be manipulated by the adjuster.
Your Claim Might Be Denied
Even though your claim might have significant merit, it could be denied at first. This is one of the most common strategies used on a claimant. The reason for this is that the adjuster is hoping that you will get discouraged and drop the case. In addition to this, you might be told:
- You are at fault
- You are partially to blame
- There is no evidence to support what happened
- Your injuries are a result of previous injuries
- You failed to get medical treatment in a timely manner
- The alleged defendant has done nothing wrong
Know that these statements are common and should not discourage you. An insurance adjuster can say just about anything they want. If you are hearing statements like these, you can call a personal injury lawyer in Scottsdale, Arizona.
Your First Settlement Offer Might Be Low
If your claim was not denied, you might be offered a low ball settlement. Usually, this won’t cover even a fraction of your losses. As you are offered this, you may be told that:
- It is the best deal available
- If you don’t accept you might risk everything
- It’s a very fair deal
- Anything else is beyond their authority
- They will fight your case and could win
This is all meant to discourage you. The more desperate you sound, the more they may try to use these tactics against you. It is advisable to consult a lawyer for help, guidance, and support.
Other Tips And Tricks
The insurance company does not want to pay out an amount that you deserve, they want to save money so they make money. They want to find a reason you don’t deserve a claim at all, or offer far lower than you deserve. Let’s talk about some more common tricks that the insurance company may try.
- They’ll tell you they’re claiming liability, and you should seek medical care. They say they’ll even pay the bill and reassure you it’s okay. In reality, when you finish your treatment course and submit your bills to them, they say they are only going to cover a small fraction. When this happens, it’s usually too late to hire a lawyer because they realize you are facing serious debts. And due to that debt you are desperate to exchange your right to sue for a settlement, anything, however insignificant.
- They might attempt to settle early. They want to make a quick settlement that can be less than what your lawyer would get you. They might even send somebody to your house or the hospital to talk to, while you’re vulnerable immediately after an accident. If you settle then you cannot sue.
- The adjuster is going to try to give you a deadline. It’s arbitrary but they will tell you it’s a one-time settlement agreement and you need to agree by a certain date. This is a lowball offer so that you never make it to talk to a lawyer or calculate your losses.
- They’re going to act friendly, expressing sympathy and concern. They’ll claim they’re on your side and that you do not need a lawyer. They’re trying to get you to trust them and talk to them, taking notes on everything you say to use if you sue.
- They’re going to attempt to blame your injury on a pre-existing condition. They’re going to ask you to sign a general medical authorization, which allows them to look at your medical treatments—all of them—throughout your entire life. You do not have to sign this paper.
- They’ll dispute your injuries and claim they’re not severe.
- They will attempt to delay your claim so that you become irritated and desperate. This tactic is often used to break you down so that by the time they stop delaying you, you need the money they’re offering you. This tactic can also be an attempt to push a claim past the statutes of limitation in your state.
- They’re going to ask for a written statement, or to record a statement. They’re trying to find something to use against you—anything you say can be twisted and used against you, so do not talk to the insurance company; even your own.
- They’re going to deny liability, totally or even partial. They want to place all the blame on you or a third party, it’s not their fault, they weren’t in the car, were they? This is a tactic used to try to break you down and is usually used in conjunction with various other tricks mentioned above.
Getting the Compensation You Deserve
If you were injured in an accident, you might be seriously considering filing a personal injury lawsuit. However, Yearin Law Office wants you to focus on getting better. Settling your case or taking it to trial before what’s called your “maximum medical improvement” is likely a big mistake. Have you recovered fully? Are you as good as you’re going to be? Hopefully, you’ll recover 100 percent, but if not, you’re going to need additional compensation to live a comfortable and happy life. Your attorney will craft your case with that in mind and work to ensure you get every bit of payment you deserve.
Yearin Law Office fiercely represents clients in lawsuits, getting successful judgments against negligent motor vehicle operators, automobile and tire manufacturers, consumer product and services companies, owners of buildings and public facilities, and healthcare organizations. The legal team at Yearin Law Office wants to help you get the most out of your personal injury case. Reach out to schedule a consultation or case review with a personal injury lawyer Scottsdale, AZ families trust today.