Being involved in a personal injury accident is never convenient for anyone. But having the chance to fight your personal injury case for the sake of compensation is possible. Personal injury accidents can happen as a result of someone’s negligence or when another person is deliberately seeking to cause physical damage to you.
One of the most common personal injury accidents is automotive accidents. The smallest accident, like the car hitting you from behind at a red light may grant you a lawsuit and compensation. The person who hit you may be held liable for any personal injuries or damages you incur in the event.
Some of the personal injury incidents that will fit the law and could qualify you for a lawsuit are below.
Personal Injury Types
There are many different ways you can gain compensation for personal injury accidents that are not your fault. Below are a few scenarios in which you might be eligible for:
- Medical malpractice
- Accidents that happen on the job
- Auto or motorcycle accidents
- Product liability
- Slip-and-fall accidents
- Dog attacks and bites
- Birth injury
- Neglect in a nursing home
- Construction-related accidents
Arizona Accident and Personal Injury Laws to Know
There are three different types of personal injury categories you may fall under depending on the accident. It’s important to speak with a lawyer at Killham Law Office to learn what category you fit into and how you can be supported in a courtroom to fight your personal injury lawsuit.
In a very general way, negligence personal injuries have to do with someone you don’t know being careless under legal precedence. Their carelessness could directly relate to your injury. There are four ways to demonstrate that the personal injury was due to negligence:
- Duty – under the circumstances, the defendant owed a legal duty to the plaintiff
- Breach – through action or failure to act in certain ways, the defendant breached that legal duty
- Causation – the plaintiff’s injury, was caused by the defendant’s actions or inaction
- Damages – the defendant’s action or inaction resulted in harming or injuring the plaintiff
To read more in-depth about the different elements of negligence, go here.
Intentional torts are situations in which the plaintiff has committed their actions deliberately and the defendant, as a result, became injured. For instance, a car accident at a stoplight will likely not fit this category. Some examples of intentional torts include:
- Assault and Battery
- False Imprisonment and False Arrest
- Intentional Infliction of Emotional Distress
- “Catch-All” Intentional Tort
Strict Liability Torts
For a strict liability tort, the defendant is only required to prove that the event took place and the defendant was at fault. This can happen if the person was not subject to negligence or intentional fault. More commonly known scenarios for strict liability tort apply for the following:
- Animal bites
- Manufacture defects
- Abnormally dangerous activities
Will My Personal Injury Be Compensated the Fair Amount?
A surefire way of getting you the most for your personal injury is to have irrefutable proof that you were injured. The evidence of your injury will be the biggest contributor to winning a case and getting fair compensation. If you fail to provide adequate evidence of your injury, you will not qualify or be eligible for compensation.
For example, if you slip and fall on the job due to a coworker’s negligence but do not get injured, you are not eligible for compensation.
In the state of Arizona, if you are personally injured through someone’s negligence, they can be held accountable for their actions and a court will require them to pay for any damages you faced or fees you incurred in even of the accident.
How Long Can I Wait to File a Lawsuit?
To be able to win compensation for your injuries and other damages that may have occurred during your injury, you must file a lawsuit within two years of the accident. After you file the lawsuit, you will have 90 days to serve the person you claim is responsible for the injury.
Solving the case could vary in time and ultimately depends on:
- The complexity of the case
- The value on your injury
- The judge assigned to the case
How to Handle Your Accident and Personal Injury Case
It’s important to have the proper representation when going in front of a judge to argue your personal injury case. Your best chances of winning your case happen when you have proper representation. Laura J. Killham has over 20 years of experience in the field of law and expert knowledge in the world of prosecution.
With her help, you will win your case. Contact Killham Law Office today to get representation and get the compensation you deserve.