An Arizona personal injury lawyer takes on cases involving the alleged negligence of one entity that results in the harm of another. The negligent entity could be an organization or a person. In some cases, organizations might represent persons, such as when insurance companies defend their at-fault drivers. So, exactly what kind of cases can a personal injury attorney handle?
Qualifying Personal Injury Cases
Not all cases involving injury and alleged negligence meet the criteria for filing a personal injury lawsuit. Almost every court will require an Arizona personal injury lawyer to establish these four criteria before proceeding with a case:
- Existence of a duty of care that the accused entity owes to the injured party
- Breach of duty of care
- Presence of harm caused to the injured person
- Proof that the harm suffered by the injured person resulted from the breach of duty of care
In addition to establishing these four components, the case itself also needs to fall within the statutes of limitation. Arizona state law limits personal injury claims to within two years of the incident taking place.
Civil vs. Criminal Cases
Some personal injury cases result from incidents that span civil and criminal courts. For example, a drunk driver who crashes a car and kills a minor will likely face charges in criminal court. Criminal court concerns itself with addressing the illegal nature of the incident and does not usually award damages to victims or their families.
To pursue compensation, other injured persons or eligible survivors of the minor might need to file a separate personal injury case in the civil court system. When you work with an experienced Arizona personal injury lawyer, he or she can advise you on whether to pursue compensation before, during or after criminal court proceedings.
In these scenarios, personal injury attorneys generally only represent injured persons in civil court. Unless a personal injury attorney also serves as insurance defense counsel, one would not represent a drunk driver in civil court. In criminal court, prosecutors and criminal defense attorneys handle the case.
Arizona vs. Out-of-State Cases
When personal injury attorneys complete law school, they take bar exams for each state they wish to practice in. Each exam is tailored to the specific laws of the state, so most attorneys only take the bar for one or two states. Attorneys also need to gain admittance into various federal courts. Consequently, when handling cases, more often than not, attorneys stick to a specific geographic area.
Cases involving Arizonans that occur in a neighboring state, such as Nevada, may need to be handled by attorneys in that state. The case will also play out in that state because it happened within the other state’s jurisdiction. Similarly, out-of-state persons who suffered injuries in Arizona might need representation from an Arizona attorney.
Arizona Personal Injury Lawyer Personal Preferences
Personal injury spans a wide range of cases that mostly covers physical injuries but can even include defamation. These are some of the most common personal injury cases that attorneys tend to tackle.
General Traffic Accidents
Most personal injury attorneys either start off in this area or continue to focus their practice on this area. It covers everything from pedestrian accidents to car crashes and motorcycle accidents. Any accident that involves road users could fall into this category.
Some personal injury attorneys only handle cases involving passenger vehicles. This is because commercial insurance works differently from insurance for personal vehicles. The process is also more difficult, and commercial insurers usually come prepared to fight.
Public Transportation Accidents
Public transportation adds special nuances to the accident that not all attorneys feel willing to tackle. Consequently, injured persons often have a more difficult time finding an Arizona personal injury lawyer with experience in this area.
This is another complex area of accidents that some lawyers shy away from. Complications stem from the agreements Uber, Lyft and other rideshare companies tend to have with drivers and their insurance companies. This could create complexities in attributing fault and determining liability.
Most personal injury attorneys classify these as dog bites, but other animals could attack you. These include cats or even pet snakes. As long as these animals belong to an entity, you may have the chance to hold that entity accountable.
In spite of the name, this type of personal injury goes beyond immediate injuries. It also covers injuries that result from long-term exposure or catastrophic incidents. For example, asbestos can take decades to create health problems, and some people suffer from mental instead of physical injuries.
When boating, people often feel a sense of freedom because there are no roadways, no stop signs, and a lesser likelihood of encountering the police. Even so, accidents do happen, and negligent parties might be held accountable.
When people do not survive personal injuries, eligible survivors can pursue a wrongful death suit. In most cases, courts might only consider immediate family members and dependents. Other family members usually have the option to pursue a suit on behalf of minors or legally incompetent dependents.
Arizona Personal Injury Lawyer at MDK Law Group
We primarily work with persons who suffered injuries after an accident. While the harm suffered could be physical and mental, the accidents we handle tend to involve physical incidents. Our preference to focus on a specific area provides our attorneys with the ability to hone our knowledge and experience in one or two areas.
This, in turn, has led to some impressive wins for our clients:
- $6 million for a motorcycle accident
- $1 million for a premises liability accident
- $625,000 for a wrongful death case
- $600,000 for a car crash
- $500,000 for a car crash
- $350,000 for a car crash
Each case is different, and we cannot promise these results for every client we work with. Even so, when you hire an experienced Arizona personal injury lawyer from our team, we pursue every possible path to increase our chances of winning high compensation values for your case. Because we do not charge upfront fees, you only pay us if we win the case for you. Contact us for your free consultation.