DO I HAVE A PERSONAL INJURY CASE?

Personal injury lawyer Phoenix, AZ

DO I HAVE A PERSONAL INJURY CASE?If you’ve suffered a personal injury, you’ll need a personal injury lawyer Phoenix, AZ recommends. A personal Injury is an injury to the body, mind, and/or emotions (as opposed to an injury to property). That definition casts a wide net which encompasses all sorts of injuries, from mild scratches to life-ending catastrophes. Yet no matter the extent of the injury, if it was caused intentionally or negligently by someone one else, the injured party has a potential personal injury case.

PERSONAL INJURY CASES

Personal Injuries cases often occur when one person is injured by another as a result of either intentional acts or negligent acts.

Intentional

Intentional acts committed with purpose of causing actual harm or offense can result in personal injury. A personal injury lawyer Phoenix, AZ suggests may let you know that sometimes with intentional acts, the injury that occurs can be less physical or more physcological. Examples of intentional acts often include:

  • Battery: any form of harmful or offensive contact.
  • Assault: an intentional act that places the victim in reasonable fear of imminent harm
  • False Imprisonment: when a person intentionally restrains the movement of another person without the legal right to do so.

Negligence

Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Negligence has four elements that must be met for it to be an effective legal strategy:

  1. Duty: The defendant owed a duty of care to the plaintiff.
  2. Breach of Duty: The defendant breached that duty.
  3. Causation: The breach of duty caused harm to the plaintiff.
  4. Damages: The plaintiff suffered from that harm.

Damages

A personal injury lawyer Phoenix, AZ endorses will fight for your damages. When you’ve been injured and decide to pursue a personal injury claim, what you are really seeking are “damages”. Damages is a legal term for money awarded to a party in a lawsuit. In a personal injury case, a party usually seeks compensatory damages. As you might infer from the name, compensatory damages are intended to compensate for a loss or injury.  There are three primary categories of compensatory damages a party may seek.

  1. Special Damages: Compensation for a quantifiable loss of money. These damages are easy to assign a dollar amount to because they are derived from things like bills and lost wages.
  2. General Damages: Compensation for loss or injury that is not easily calculable, like pain and suffering.
  3. Punitive Damages: A personal injury lawyer Phoenix, AZ trusts may let you know that punitive damages are rare and used in instances of extreme neglect. Punitive damages award extra money on top of the special and general damages and are intended to punish the party responsible for the injury and/or loss.

TYPES OF PERSONAL INJURIES

Car Accident

On the mild side, a person injured in a car accident may have some light bruises, scratches, and whiplash. More serious injuries are possible, such as broken bones, internal bleeding, and traumatic brain injuries. On the extreme side, unfortunately, thousands of people die each year from auto related accidents.

Slip and Fall

Property owners have a duty to keep their premises reasonably safe and free of hazards. Should they fail to do so, and someone is injured as a result, a slip and fall personal injury claim may be brought. A personal injury lawyer Phoenix, AZ depends should let you know if your slip and fall is eligible for a personal injury claim. Like car accidents, the extent of the injury in a slip and fall case varies wildly. Starting with minor bumps and bruises, slip and fall injuries can quickly become serious and even lethal under certain circumstances.

Dog Bites

Depending on the state, pet owners can have a financial responsibility for any injuries caused by their dog. These injuries are often related to dog bites specifically, which can range from a little nip to very  brutal injuries. In some cases, small children have even died from dog attacks.

Medical Malpractice

As any personal injury lawyer Phoenix, AZ confides in can attest to, medical malpractice is a common personal injury. Negligence on the behalf of doctors, nurses, and other medical professionals can cause a wide-range of personal injuries. From pharmacy errors to diagnosis errors to fatal errors, many personal injuries are possible in a medical environment.

Wrongful Death

Obviously on the life-ending end of the personal injury spectrum, wrongful death occurs when someone has been killed due to another’s intentional or negligent act. The deceased cannot bring forth the lawsuit themselves, so it is often filed on their behalf by their estate, or by immediate family members who have been directly impacted by the wrongful death.

Defamation

Defamation is the act of damaging someone’s reputation, usually through slander or libel. The words that are said or written must be false in order for a defamation suit to be brought forth. A personal injury lawyer Phoenix, AZ counts on should recognize that most personal injuries that occur as a result of defamation are intellectual or emotional.

Assault, Battery

The acts of assault and battery often accompany each other, though they don’t necessarily have to. Assault is an intentional act that places the victim in reasonable fear of imminent harm, this can include intimidation. Battery is the intentionally act of making harmful or offensive contact. Personal injuries cases resulting from assault and battery usually come with criminal charges and can range from intimidation tactics to abuse so sever it results in death.

If you’ve experienced any of the above injuries, you may have a personal injury case. If you’re in need of a personal injury lawyer Phoenix, AZ has faith in, contact Kamper Estrada, LLP today for a free initial consultation.