How Do You Know If You Have a Personal Injury Claim in Arizona?

If you’ve suffered an injury in Arizona because of someone else’s actions or fault, you may have the right to file a personal injury claim. To have a successful personal injury claim, you must demonstrate that their negligence directly caused your physical injuries, resulting in measurable damages such as past and future medical expenses, lost wages, pain and suffering, and more.

Accidents can be stressful and confusing, making it hard to know what to do next or what your rights are. Knowing when you may have an Arizona personal injury claim is essential to pursuing maximum compensation and helping you to move forward.

What Is a Personal Injury?

A personal injury happens when a person experiences physical, emotional, or reputational harm due to someone else’s wrongful actions or negligence. This harm can arise from many situations where another party fails to act responsibly, leading to serious consequences for the victim. Injuries can range from minor to life-altering, sometimes requiring extensive medical treatment, therapy, or long-term care.

When negligence is a factor, the injured party may have the right to seek compensation for some of the losses and expenses they face, including the following:

• Healthcare expenses for both short-term treatments and long-term care needs
• Lost wages for any time out of work to recover
• Loss of earning potential brought on by a permanent disability
• Loss of enjoyment of life
• Scarring and disfigurement
• Property damages, such as vehicle repair/replacement.

In addition to helping a victim recover money, a successful personal injury lawsuit can help them hold the responsible party accountable.

What Are Some Arizona Accidents That Could Lead to a Personal Injury?

Some of the most common situations that lead to personal injury claims include the following:

• Car accidents — Many crashes happen because of distracted driving, speeding, or running red lights. A simple glance at a phone or a moment of impatience behind the wheel can lead to serious injuries. If another driver was careless and caused your injuries, you might have a valid claim to cover your losses and expenses.
• Slip and falls — Property owners must keep their spaces safe. If you slipped on a wet floor, tripped on an uneven sidewalk, or fell because of poor lighting in a store, office, or public place, the property owner may be responsible. These kinds of accidents can cause serious injuries like broken bones, head trauma, or lasting mobility problems, making daily life more difficult.
• Medical malpractice — Healthcare professionals must follow proper standards when treating patients. If a doctor misdiagnoses an illness, performs surgery incorrectly, or prescribes the wrong medication, the patient may suffer serious harm. Even a small mistake in treatment can lead to infections, worsening conditions, or life-threatening complications, leaving patients struggling to recover.
• Elder abuse and neglect — Nursing homes and assisted living facilities are supposed to provide safe and respectful care for elderly residents. Unfortunately, some staff members neglect or abuse patients, leading to malnutrition, bedsores, infections, or even emotional trauma. If a loved one has suffered mistreatment in a care facility, the responsible party should be held accountable.
• Dog bites — A dog bite can lead to serious injuries like deep cuts, nerve damage, and infections. In many cases, the owner is responsible if their dog attacks someone, especially if the dog has a history of aggression. Victims may need medical treatment such as stitches, rabies shots, or even reconstructive surgery for severe injuries.
• Other premises liability — Property owners must keep their spaces safe for visitors. Hazards like unsecured swimming pools, broken staircases, or a lack of proper security in high-crime areas can lead to devastating accidents. If a property owner does not take proper safety measures, they may hold liability for any injuries that happen on their property.

What Is Negligence?

Negligence occurs when someone fails to act with the care that a reasonable person would show in a similar situation. To have a valid claim, you and your personal injury attorney must demonstrate that the other party’s negligence led to your injuries.

What Are the Elements of Negligence That Must Be Proven in an Arizona Personal Injury Claim?

To show that someone’s negligence caused your injury, you need to establish each of the following four main elements:

• Duty of care — The person who injured you was supposed to be careful to avoid causing harm. An example of this is that drivers need to follow traffic laws to help keep everyone on the road safe. Businesses also have a duty to keep their property free of hazards so customers don’t get hurt. Even doctors have a duty to provide proper medical care to their patients to avoid unnecessary harm.
• Breach of duty — They did not meet this responsibility. If a driver was texting instead of paying attention to the road, they breached their duty to drive safely. A store owner who ignores a wet floor or broken stairs could also be considered negligent. In medical cases, a doctor who misdiagnoses an illness due to carelessness might breach their duty to provide proper treatment.
• Causation — The breach directly caused your injury. If the texting driver ran a red light and hit your car, their actions are the cause of your injury. This means that if they had been paying attention, the accident wouldn’t have happened. The same applies to a slip-and-fall—if a store neglected to clean up a spill and you slipped, their negligence led to your injury.
• Damages — Due to the injury, you face losses like medical bills, missed work, and pain and suffering. These losses can be financial, like hospital expenses, or personal, like the emotional toll of being unable to work or enjoy life as you did before. Some injuries have long-term effects, meaning you could need ongoing medical treatment or therapy.

What Is the Statute of Limitations for Filing a Personal Injury Claim in Arizona?

In most cases, Arizona gives you two years from the day you were hurt to take legal action. Missing this deadline could cost you the opportunity to claim compensation. However, certain situations may have different timeframes. For example, if your Arizona personal injury claim involves a government entity, you may need to act sooner.

Contact an Experienced Personal Injury Attorney in Arizona

At Mushkatel, Gobbato & Kile, P.L.L.C., we bring more than five decades of combined experience to every personal injury case we handle, and we offer personalized service with the resources of a larger firm. Our Arizona personal injury lawyers are committed to providing aggressive and trusted legal guidance to our clients. See our testimonials to see what our clients have to say. For more information or to discuss your case, contact us today to get started with a confidential consultation.