Edwards & Petersen, PLC take your personal injury case personal. We have several years of experience in dealing with a variety of personal injury cases. Our entire team is on your side, to protect your rights and as a team, we work to obtain the best possible outcome for you.
Personal injury claims result when someone suffers harm or injury during an incident in which another person or entity may be considered legally responsible due to carelessness or negligence. A personal injury attorney’s job is to listen to your side of the story, document the details, and develop a plan to achieve the outcome you desire.
Examples of Personal Injury Claims
- Vehicle accidents
- Slip and fall accidents
- Work-related injuries
- Negligence and public liability
- Dog bites
Just as you see variety in types of personal injury cases, people choose to file claims for a number of reasons. These include physical injuries and the resultant lost wages, medical bills, emotional injuries and mental anguish, pain and suffering, and long-term trauma.
Our Mesa personal injury lawyers not only have the experience to represent you in your claim, but we also fight to get you the best settlement possible, and that includes going to trial.
Definition of Personal Injury Law
Personal injury law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of carelessness or negligence.
Filing a Personal Injury Claim
Typical personal injury claims are civil complaints where the injured person (the plaintiff), files suit against the person or entity (the defendant) he or she believes is responsible for the injury. The plaintiff’s lawsuit usually alleges the defendant acted irresponsibly or carelessly, or possibly showed negligence, causing his or her injury.
To win a pain and suffering lawsuit, you must prove liability and damages. For example, if you sue for damages after an auto accident, you must also show damages sustained in the accident, which may include property damage, medical bills, and lost wages. Our lawyers work with you to decide if you have a case, and if you do, we help establish the proof needed to show the court that the defendant is liable.
The majority of personal injury claims are settled without going to court, usually between the plaintiff’s attorney and the insurer’s legal representative or the defendant’s attorney. Typically, settlements involve negotiations and a written agreement to forgo any further actions, ending in payment of the agreed-upon sum.
Statute of Limitations
The statute of limitations is the time limit you have to bring suit after an injury. Each state has its own statute of limitations on personal injury complaints, with further variations depending on the type of injury sustained. The attorneys with Edwards & Petersen, PLC will advise you regarding the limitations for your particular case.
Arizona’s Statute of Limitations for Filing a Personal Injury Complaint
In Arizona, the basic time limit for filing a personal injury complaint is two years, beginning from the date of incident. Possible exceptions to this time limit are hidden injuries not discovered until after the two-year time limit has expired. In this instance, the statute of limitations may extend to the date of discovery of your injury. If your claim is against the State of Arizona or one of its cities or counties, you have 180 days to file a formal claim.
Arizona has a “comparative negligence” rule, meaning you may be held partially responsible for your injuries. If you are found to be partly at fault for your injuries, the percentage of blame assigned to you may be deducted from any amount you would have been entitled to receive.
Average Personal Injury Settlements
Unfortunately, because settlements for personal injury cases differ a great deal from case to case there is no definitive way to determine an average settlement amount. However, there are resources online that allow you to calculate what a settlement might be, and some resources offer median settlement amounts. Using the median settlement amount can greatly skew expectations, because huge settlement cases can greatly increase the median, and low settlement cases can greatly decrease the settlement. Using this approach may leave victims with unrealistic expectations. Below are a couple calculators available online to help you estimate a possible settlement.
Personal Injury Calculator – AllLaw.com
Auto Accident Injury Calculator – Accident Values
The attorneys at Edwards & Petersen, PLC are dedicated to providing the highest quality representation for their clients. Call us today for a free consultation to discuss your case.