Types of Personal Injury Cases We Handle in Peoria, AZ
There is a wide variety of ways that people can be injured due to someone else’s negligence. Here are some of the more common types of personal injury cases our firm handles:
- Motor Vehicle Accidents. Thousands of people are injured in Arizona each year, due to auto accidents. This includes:
If you’re injured by a negligent driver, contact a Peoria car accident attorney today to discuss your options for pursuing compensation.
- Premises Liability. A lot of people get hurt because property owners fail to maintain safe conditions. This can happen in personal residences as well as businesses. Arizona law requires property owners to keep their property in a reasonably safe condition and warn others of potential hidden dangers. Here are some examples of common premises liability accidents:
- Slip-and-fall accidents
- Dog bites
- Poor or inadequate security
- Swimming pool accidents
- Elevator and escalator accidents
- Amusement park accidents
- Fires
- Real Estate
- Slip and Fall. A slip-and-fall injury is a specific type of premises liability claim that can happen very quickly and without warning. A consumer shopping in a store can suffer a painful and debilitating injury if the store management fails to perform necessary repairs or clean up spills in a timely manner. Likewise, people can be horribly injured by defective flooring, frayed carpeting, and unsecured mats. Falls account for a large share of all premises liability claims each year, and they can happen anywhere, including:
- Restaurants
- Hotels and motels
- Shopping centers
- Private homes
- Bowling alleys
- Construction sites
- Workplaces
- Sidewalks
- Government buildings
- Medical Malpractice. Medical malpractice is one of the more common types of injuries experienced nationwide, and when a doctor or health care facility fails to meet the standard of care, the repercussions can be deadly. Common types of medical malpractice include:
- Medication errors
- Surgical errors
- Failure to diagnose
- Delays in treatment
- Delays in transfer
- Misdiagnosis
- Elder Abuse and Neglect. One of the saddest and most tragic types of injury is when a person willfully abuses or neglects a senior. Many older adults, especially those who suffer from diminished capacity (dementia, Alzheimer’s disease, and similar conditions), are often highly vulnerable and unable to protect themselves from unscrupulous caregivers and family members. Abuse and neglect can take many forms, such as:
- Financial exploitation
- Physical assault
- Sexual assault
- Emotional and psychological abuse
- Withholding medical care
- Withholding food or personal items
If you suspect a loved one is being abused or neglected, whether in a nursing home or by an individual caregiver, contact Mushkatel, Gobbato, & Kile, P.L.L.C., today. We take elder abuse and nursing home abuse very seriously and will aggressively pursue justice on behalf of the injured victim and his or her family.
- Wrongful Death. If you’ve lost someone you love due to another person’s carelessness or due to the negligence of a large company, such as a trucking company, a hospital, or a nursing home, your family should not have to suffer the financial and emotional loss alone. Although nothing can replace the life that has been taken away, the fact remains that fair and just compensation can help your family pay the medical bills, keep your home, and survive the tragedy without losing everything.
Compensation Available in a Personal Injury Claim
Every case is unique, so the compensation received will differ from one case to the next. However, as a general guide, here are some of the things for which you may be able to claim compensation:
- Medical expenses that you already incurred
- Medical expenses you are likely to incur in the future
- Lost wages
- Your lost or diminished ability to earn wages due to your injury
- Physical pain and suffering
- Emotional and psychological distress (PTSD, anxiety, etc.)
- The cost of medical devices or adaptive equipment for a home or car
- Loss of comfort, affection, and support on behalf of spouses and close relatives
- Wrongful death damages (When a loved one dies due to negligence, close relatives may be able to recover compensation for funeral and burial expenses, lost income and support, and other benefits)
How Long Do You Have to File a Personal Injury Claim?
In Arizona, the general rule is you just have two years to file a lawsuit against the person or business you believe is responsible. If you fail to do so, your right to compensation is gone forever.
However, be forewarned! There are a handful of exceptions to this rule that can shorten the statute of limitations and leave you with just months to take action. So, even if you don’t know whether you want to pursue a lawsuit for your injuries, it’s extremely important that you contact an experienced Peoria personal injury lawyer right away to discuss your options and protect your rights.
How to Protect Your Rights After an Injury or Accident
If you have been injured and believe someone else is to blame, here are some general steps to follow to protect your rights:
- Get medical care immediately. No matter what your injury or how it happened, the key to any case is to get medical care and find out what’s wrong. Your personal safety and well-being are more important than anything else you can do.
- Follow your doctor’s treatment plan. If you fail to follow through with your medical care, you give the defendant or the insurance company a good excuse not to pay.
- Get a copy of the accident report. For car accidents, the police department should have made a crash report. For other types of injuries, there should be incident reports, government survey reports, or other reports documenting that the incident occurred.
- Keep evidence. Take photos and keep all evidence. This means photos, videos, medical bills, receipts for all other expenses relating to the injury, any emails or letters from insurance companies, and any notes you’ve taken about your injury.
- Once you are stabilized medically and in a position to do so, call an experienced personal injury attorney in Peoria. At Mushkatel, Gobbato, & Kile, P.L.L.C., we can guide you through the next steps and help you protect your rights. There are some key steps to take in every case, and since each case is unique, the best way to protect your rights is to consult with an attorney.
Here are a few things you definitely should NOT do until you’ve talked to an attorney:
- Do not talk with the insurance company.
- Do not give a statement.
- Do not sign anything or accept any settlement offers.
- Do not share anything about your accident on social media.
How Much Does It Cost to Hire a Peoria Personal Injury Lawyer?
Many clients worry about the high cost of legal services and the expenses involved in pursuing a personal injury claim. But there is good news. Mushkatel, Gobbato, & Kile, P.L.L.C. takes absolutely no attorney fees upfront from our clients.
We only get paid if we are able to recover compensation on your behalf. This means you have no risk by calling us for help.
What’s more, we don’t even charge for the initial consultation. We will sit down with you and discuss your case in a completely confidential meeting. Our goal during the consultation is to find out what happened and how you were injured.
Peoria Legal Information
If you live in Peoria, you should understand how our court system works. If you have a personal injury, family, probate or criminal law case, it could go through the following courts:
Limited Jurisdiction
Two types of courts fit into this category: Municipal Courts, which are commonly called “city courts” or “magistrate courts,” and Justice of the Peace Courts, or “justice courts.” Municipal Courts generally have jurisdiction over traffic offenses, misdemeanors, city code violations and domestic violence protective orders that arise within city limits. City courts also issue search warrants in both felony and misdemeanor cases. In Peoria, the Municipal Court is:
Peoria City Court
10100 N. 83rd Avenue
Peoria, AZ 85345
(623) 773-7400
Justice of the Peace Courts have jurisdiction over traffic cases, misdemeanors and petty offenses, and they preside over preliminary matters in felony cases, including the issuance of search warrants. They also hear domestic violence and harassment cases, civil cases that involve claims of $10,000 or less, landlord/tenant disputes involving damages between $5,000 and $10,000 and disputes concerning possession of real property. Maricopa County has 26 justice courts which are divided into precincts. The justice courts which serve the Peoria area include:
Arrowhead, Hassayampa, Manistee and North Valley
14264 W. Tierra Buena Lane
Surprise, AZ 85374
Desert Ridge and Moon Valley
18380 N. 40th Street
Phoenix, AZ 85032
General Jurisdiction
Superior Court is the court of general jurisdiction in Arizona. It has jurisdiction over a wide range of cases. Most of the cases that our law firm handles in Peoria go through the Superior Court of Maricopa County, including two specific locations:
Central Court Complex
201 W. Jefferson Street
Phoenix, AZ 85003
(602) 372-5375
Civil, family law and probate cases are heard here. However, the Northwest Regional Center on W. Tierra Buena Lane in Surprise has a filing counter for civil, family and probate cases, and it also issues marriage licenses.
South Court Tower
175 W. Madison Street
Phoenix, AZ 85003
(602) 372-5375
All felony cases which arise in Maricopa County are heard in this court as well as certain types of misdemeanor cases.
Appellate Courts
In some cases, an appeal is necessary. The Court of Appeals is the first level of appeal. The appellate court which presides over civil and criminal cases that arise in Maricopa County is:
Court of Appeals, Division One
1501 W. Washington Street
Phoenix, AZ 85007
(602) 452-6700
The highest court in Arizona is the Supreme Court, which is located at:
Arizona Supreme Court
1501 W. Washington Street
Phoenix, AZ 85007
(602) 452-3396
Even though the Supreme Court automatically reviews death penalty cases, it has discretion to review other types of cases. In other words, the court may decline to hear those appeals.
Top Accident Locations in Peoria
Nearly three-fourths of all traffic accidents in Arizona – and half of all fatal crashes – occur in Maricopa County, according to the Arizona Department of Transportation. A high number of those accidents happen in Peoria. In 2018, ADOT reports, Peoria saw:
- 2,678 total crashes
- 11 fatal crashes
- 895 injury crashes.
A few years ago, The Arizona Republic analyzed ADOT crash data and determined that the following were the most dangerous intersections in the Northwest Valley, which includes the Peoria area:
- Olive Avenue and 59th Avenue
- Bell Road and 83rd Avenue
- Bell Road and 59th Avenue
- Northern Avenue and 59th Avenue
- Northern Avenue and 51st Avenue
- Peoria Avenue and 59th Avenue
- Bethany Home Road and 59th Avenue
- Peoria Avenue and 51st Avenue
- Thunderbird Road and 59th Avenue
- Bell Road and 67th Avenue.
Heavy shopping center traffic, congested roads and distracted driving were some of the factors which contributed to the high number of crashes at those intersections, the newspaper found.
Call Today to Speak With an Experienced Peoria Personal Injury Lawyer
With several offices conveniently located throughout Arizona, the attorneys of Mushkatel, Gobbato, & Kile, P.L.L.C. are dedicated to representing the rights of those who are injured. Contact us today to schedule a completely free case evaluation, and find out how we can protect your rights and fight for the compensation you deserve.
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