Surprise Personal Injury Law Firm

What Do You Have to Prove in a Personal Injury Claim in Arizona?

Many people don’t realize all the complex steps that go into recovering compensation for an injury. Although it would certainly be nice if insurance companies and negligent parties would voluntarily agree to pay for the harm they cause, this is rarely what happens. Instead, most victims must fight very hard in order to force the responsible parties to pay full and fair compensation.

Here’s a brief look at what a Surprise personal injury lawyer will have to prove in order to recover compensation in your case:

• The defendant owed you a duty. First, you must show that the defendant owed you some type of duty. In the law, this just means that there was some sort of relationship that required a level of care be used. For car accidents, the law requires all drivers to exercise reasonable care when driving their cars. For a slip-and-fall injury, the law requires property owners to use reasonable care in maintaining their premises. Therefore, the first step is proving what type of duty the negligent party owed you.
• There was a breach/violation of the duty. Next, you will have to prove that the party you blame for your injuries did something negligent. In other words, did that person or company breach its duty to you in some way? Running a red light is a form of violation that could be construed as a breach of a driver’s duty. A business owner failing to put up a railing or leaving a hidden danger unrepaired could be considered a breach.
• The breach caused the injury. The next step is proving that the defendant’s violation or breach directly caused your specific injury. It is never enough to just show you were hurt. You must also show that the defendant specifically did something (or failed to do something) that directly led to your injuries. In other words, if it weren’t for that person’s actions or inactions, would you have been injured? If not, you may have a case.
• You suffered loss as a result. Lastly, the law looks to see whether there are any damages. No matter how negligent someone is, if no one actually suffers a loss, there will probably be limited recovery. A classic example would be a drunk driver (clearly breaching his duty to others on the road) who rolls into your vehicle at 1 MPH. No matter how terrible the conduct, if you aren’t actually injured, and there’s no damage to your vehicle, then there really isn’t a case. You must be able to prove some damage, usually in the form of physical injuries.

How Can a Surprise, AZ Personal Injury Lawyer Help You?

Our experienced Arizona personal injury lawyers will work quickly to build a clear case against the party that injured you, whether it’s a driver, a property owner, a negligent healthcare provider, or some other entity that caused your injuries. It all begins with a careful look at the facts. At Mushkatel, Gobbato, & Kile, P.L.L.C., we focus on each case and each client as a unique set of facts.

• Initial consultation. Every case begins with a careful and thoughtful initial appointment. During this initial case consultation with a Surprise personal injury attorney, you will have the opportunity to open up and discuss what happened. The attorney is speaking to you as a legal advisor, but also as a counselor. The goal is for you to be honest and forthcoming, so the lawyer can help identify strengths and weaknesses early on in the case and give you the best chance of success going forward.
• Case evaluation. Once the attorney has the basic information that’s needed to move forward, our firm will begin a comprehensive information-gathering investigation. We talk to witnesses, do scene inspections, and gather information in order to figure out how the incident happened and whether you have a strong case for compensation.
• Building a strategy. As our team gathers information, we begin to shape a strategy for countering any insurance or defendant tactics to avoid compensation. There are a lot of tricks out there that insurance companies and large corporations deploy to get out of paying you for your injuries. We know them all, and we will work hard to stifle their efforts to avoid liability.
• Gathering the evidence. Our attorneys know where to look for evidence. In almost every case, we will have to gather your medical expenses and healthcare records. In addition, we look for incident reports and police reports. Perhaps in another case, it’s the black box crash recorder on a semi-truck. Maybe it’s a city’s last two years of property inspections that show major violations for a property manager failing to make necessary repairs. Whatever the evidence, you can rest assured we will be looking for it.
• Consulting with experts. No two cases are the same. When injuries are complex, we frequently retain highly skilled medical experts to review records and evaluate medical treatment in order to show how your injuries will likely affect your life. We may also work with crash reconstruction experts, engineers, industry safety experts, and even actuarial experts and accountants who can examine your life expectancy and future earnings.
• Fighting for just compensation through a settlement. Most of our clients want justice. They don’t particularly care about making a big scene. Victims of personal injuries are not “out to get” anyone. They don’t care about “getting rich.” They just want to be treated fairly and know that their rights have been protected. We let our clients focus on getting better and taking care of their injuries, while spending time with their families. We take on insurance adjusters, collection companies, and various claims representatives. We use our long history of proven success in and out of the courtroom to leverage fair personal injury settlements for our clients.
• Taking your case to a jury. Our goal is always to fight for fair and just compensation as swiftly and efficiently as possible. But when defendants and their insurance companies are unwilling to negotiate or will not treat you fairly, our dedicated litigation attorneys are not afraid to file a lawsuit and pursue justice. This may mean taking your case all the way to a jury in pursuit of a judgment against the defendant.

What Compensation is Available in a Surprise, AZ Personal Injury Claim?

One of the most stressful parts of getting injured is figuring out how to pay for all the unexpected expenses. For instance, an injury victim can expect to pay for medical care, specialists, and medications, all of which can really eat up the monthly budget. To compound the problem, if the injuries are severe, the person might be out of work trying to recover. Therefore, money is probably tighter than usual.

Many people who are injured by someone else’s negligence wonder what they can do to make the responsible person or company pay for all these unexpected and unfair expenses. Fortunately, for many people, there is hope. A Surprise personal injury lawyer can evaluate your claim and determine whether you may be eligible for compensation related to: