Personal injury claims in Arizona are relatively simple in theory, though the process of bringing a claim against a negligent party can often be more difficult. A Peoria, AZ personal injury claim begins when someone who has been injured requests monetary compensation for what they have gone through. A claim is most often made through the insurance company of the responsible party that caused the injury. If the claim is not settled, then a personal injury lawsuit will usually be filed.
This is just the beginning of the litigation process. First comes the discovery, in which questions are posed by the other side and their legal representatives. Next comes a deposition, a sworn statement in which the negligent party’s attorney or insurance company’s lawyer asks the injured party questions relating to the incident that caused the injury. Only after this would a case then go to trial. Most cases are settled long before a jury trial, though when there is a disagreement as to the amount of damages or to the apportionment of fault, a jury will ultimately decide how much monetary compensation should be made in a personal injury claim.
This means almost every personal injury claim will end in one of three ways. First, there can be a dismissal, which may occur because either the injured party chooses not to pursue the case or a judge orders that the case has no merit. The second and most common way in which a personal injury claim can conclude is through a settlement, in which both parties agree to an amount that is fair compensation for the damages and injuries caused. Settlements are not necessarily favorable for all sides. Sometimes the settlement is more favorable for the injured party and sometimes it is more favorable for the liable party, or for their insurance company. Quite often, neither party is happy with the settlement. But the key to a settlement is that both parties agree to it, and in so doing the plaintiff then agrees not to pursue further litigation in the personal injury case.
The last way a personal injury case can be resolved is through a judgment. This essentially means that a jury has rendered a verdict, and a judge will then usually sign a piece of paper called a judgment, most often for the same amount for which the jury decided. A jury verdict is not final, however. The case can then go up for appeal, and the case can then continue until there are no more legal avenues for appeal by any of the parties involved in the personal injury claim. Only then does the judgment become final.
For more helpful information regarding personal injury claims in Arizona, please feel free to get in touch with the experienced Peoria personal injury lawyers at Breyer Law. Contact us for a free, no-obligation consultation of your potential personal injury case. We can help.
When looking at insurance coverage from the point of view of an injury victim, one can expect that the insurance company will almost always do everything possible to make sure that a release form is signed before they pay out any money. In other words, before the insurance company will pay, they want to ensure that the recipient has signed away any right to seek more money in the future.
This obviously creates a problem for plaintiffs with severe or permanent injuries. Those who have been seriously hurt in a Peoria, Arizona car accident may want to settle their case within the first year following the incident, but will not have reached the end of their medical needs at that time. Some unfortunate victims of serious injury may never again return to work.
Therefore, it is imperative that any settlement includes money for anticipated future medical care and future lost wages. This task often requires the help of a skilled Arizona personal injury lawyer, who can help auto accident victims obtain honest assessments from expert witnesses to determine the cost and likelihood of future medical care and the anticipated wage loss as a result of the injury.
Be advised that injured persons or their representatives assume a huge risk by signing any document without asking a lawyer to review it. Even documents that may appear not to waive any future rights may cause serious unforeseen ramifications. Certainly, it is vital not to sign a release or agree to accept money without making sure a lawyer has reviewed the case and the document first. It would be a horrible and unjust outcome if somebody who is seriously injured accepted money and signed a release early in the case without realizing that they had signed away their right to payment for future medical care that was directly necessitated by the crash.
Any Peoria personal injury lawyer who considers him- or herself to be one of the best in America, but does not truly care about a client’s medical condition ought to be scratched from the list. On the flip side, even an inexperienced personal injury lawyer who fights valiantly to assist their clients as they get better deserves a lot of credit.
The best injury attorneys not only go to every possible length to make sure legal claims are resolved by fighting to win the maximum compensation allowable by law, they also make sure the injury victim’s rights are protected. At the same time, top injury lawyers are willing to get involved in the medical aspect of their client’s situation if necessary.
When a legal professional intervenes on behalf of an injured client, the real goal is to make sure that the doctors do everything that they can do. But there are many times, unfortunately, when our clients badly need surgery, but lack the money to pay for it. Doctors cannot be expected to work for free, nor should they be. They have a right to be paid fairly, and so do hospitals. The result of this conflict is that many non- emergency surgeries are not performed until there is a way to ensure that the doctors and hospital staff who provide the care will be paid.
If you are concerned that you may not be financially able to obtain the medical care you need after a serious auto accident or other personal injury claim, please do not hesitate to contact us. At Breyer Law Offices P.C., our Arizona personal injury attorneys strive to do everything we can to make sure our clients have access to the medical treatment they need to achieve the best possible recovery after an automobile accident.
