arizona personal injury claims

Back injuries can be some of the most debilitating injuries you can suffer. Even minor back injuries can cause serious pain every time the injured victim moves. Many of these long term injuries may require extended medical treatment and physical therapy sessions.

If you have sustained a back injury in an on the job accident or car crash, you know that treatment can be costly. While calculating the value of a personal injury claim, it is important to determine the total potential cost of an injury. Back injuries often involve extended treatments, including physical therapy or chiropractic care. That is why back injury victims would be well-advised to consult with an experienced Phoenix personal injury attorney before accepting a settlement.

When the back injury occurs as a result of someone’s negligence, that person may be held liable for the damages. The amount of compensation the victim may pursue should include all possible long term expenses of the injury suffered. If you settle before considering all possible expenses, it is likely that you will not be fully compensated for your loss. Once you sign an agreement or accept a settlement, the case is considered closed. You will not be able to pursue any further compensation.

If you or a loved one is suffering from back injuries that was caused by someone else’s negligence, the Phoenix personal injury attorneys at the Breyer Law Offices P.C. can help. Call us at 602-978-6400 for a free and comprehensive consultation. We will help you determine the value of your claim and ensure that you secure the compensation you rightfully deserve.

A personal injury claim is an attempt by someone who has been injured to collect monetary compensation for costs and losses associated with their injuries, such as medical bills, lost wages, child care expenses, and rehabilitation.

Unfortunately, money is the only thing allowed to be recovered in almost any personal injury case. Because personal injury cases are seen as a frivolous method to win payment for real harm, many people are frustrated by the fact that injured people bring claims and demand money for losses that money cannot remedy. And it is true that money cannot nullify pain or reverse a permanent medical condition. But it is not true to say that money does nothing to help families overcome the emotional trauma of losing a loved one. A steady flow of income does help a family caring for someone who has been severely hurt as the result of another person’s negligence. Arizona injury personal attorneys know that compensation pays for treatment and rehabilitation that many people would not receive—especially if the injured person lacks health insurance coverage.

The law provides a system to ensure that the party responsible for the injury pays for the damage they caused to the limit that the court allows. The personal injury claim process is available to help an injured person seek justice under the law.

Interestingly, some Americans lament the fact that our legal system allows for compensation specifically and only in the form of money. Some view this type of claim as an expression of the injured person’s greed, believing that insurance should cover all necessary health costs (which is by no means a guarantee) and the story ends there. Some citizens do not believe that punitive damages are just. These people fail to recognize that remuneration is not an American concept. In fact, the idea of paying damages for injuries caused negligent or irresponsible actions by dates back at least as far as the Old Testament. The oft-cited philosophy of “an eye for an eye” is found in Judaic law dating back to the time of Moses. To call our personal injury compensation system original would be inaccurate. But regarding it as a continuation of the human practice of imposing law on society—furnished with punishments for those who stray from the law—restores the requisite integrity to the system we have founded in America.

If you have any questions regarding how a personal injury claim in the state of Arizona works, please feel free to give us a call. At Breyer Law Offices, P.C., our skilled Phoenix personal injury lawyers have dedicated many years to protecting the rights of those injured as a result of another person’s negligence. Contact us today for a free, no-obligation consultation of your potential personal injury claim.

In Arizona, a personal injury claim begins with a person who has been injured due to the actions or negligence of someone else. That person files a claim requesting monetary compensation for his or her injury. In most cases, Arizona personal injury claims are made against the insurance company that represents the person who caused the injury.

At this point, most personal injury claims conclude with a settlement. In such cases, both the plaintiff and the defendant (or the defendant’s insurance company) agree to an amount of money that is believed to be fair compensation for the injuries sustained. These kinds of settlements are not always equally favorable to both sides, though. Sometimes, the settlement is more favorable to the injured person; and other times, the settlement seems to favor the defendant or insurance company.

In the majority of cases, though, both sides are typically unhappy and wish things had ended differently. However, the key point to make about settlements is that they are agreed upon by both parties. No judge or jury can force a settlement. Instead, both parties settle in order to avoid the risk of a lengthy trial.

If the case can’t be settled, then a lawsuit is typically filed. Filing a lawsuit is the beginning of the litigation process, which entails:

• Answering questions posed by the other side and their lawyers (known as discovery).
• Giving a deposition, which is a testimony given under oath that may be recorded and used in a trial.
• Going to trial.

If you have any questions regarding how a personal injury claim in Arizona works, please get in touch with the skilled personal injury attorneys in Phoenix at Breyer Law Offices, P.C. We will be happy to provide you with a free, no-obligation consultation of your potential case so that you are familiar with your legal rights and options.

Mark Breyer, Arizona personal injury attorney, continues his discussion of requirements that are incumbent upon any personal injury plaintiff to prove to win their case.

Fortunately, most negligent acts do not result in an injury. It is also fortunate that even where an injury occurs to an innocent person, and even where that injury was caused by someone else’s neglect, the injury is often minimal. Most injuries that are inconsequential are not worthy of bringing an Arizona personal injury claim.

To have a valid personal injury claim, it is not enough that a negligent act caused an injury. Instead, the victim must be able to prove that he/she suffered an injury as a result of another’s negligence. While the allegation of a new injury (or aggravation of prior injury) must be true, it must also be able to be proven with evidence.

We frequently get calls from people that were involved in an Arizona auto accident caused by the negligence of someone else. Though these individuals were not injured, they are understandably angry that their lives were impacted by another’s carelessness or, sometimes, outright recklessness. We are asked by these people whether they can bring a personal injury claim. The answer is no.

Of course, to whatever degree their lives were impacted by the event, they have a theoretical right to make a claim. The defendant or insurance company for the defendant may be willing to offer a small settlement in order to close the claim to and eliminate financial exposure for a belated injury claim. However, to have a personal injury case one must be able to prove an injury resulting from the initial incident. If someone cannot prove they suffered an injury, they have not met this necessary element of a personal injury claim.

This type of question from someone who was not injured in an incident most often takes the form of someone who was involved in a Phoenix car accident. The people who raise this question are usually relieved that they were among the lucky ones who were not hurt. However, they may need their car repaired, or need a rental car, or have a need to get the car declared a total loss so they can purchase a new car. Of course, the law does provide protection to someone with car damage or any type of property damage, due to another person’s negligence; however, this is not really a “personal injury” action, but a “property damage” claim.

The insurance industry – both in the insurance policies they write and in the way they process the claims – usually treat property damage separate from an injury claim. Anything related to a rental car, items damaged in a car at the time of an incident, loss of value to a vehicle, and so forth often are handled as distinct claims from an injury claim.

From a practical standpoint, it is usually lawyers that handle personal injury claims that also take care of these property damage claims for their clients. The legal issues are similar, the factual issues are similar, and it simply makes the most sense for one law firm to handle these issues for their clients.

However, it is important to understand this distinction between a personal injury claim and the related property damage claim: if no injury can be proven, no “personal injury” action exists.