Whenever one party’s actions cause harm to another party, it has the potential to become a personal injury case. The objective of a personal injury case is for the injured party to recover their damages from the party responsible for harming them. While this may sound like a relatively straightforward situation, these cases can be challenging in many ways. An experienced Flagstaff personal injury lawyer can assist you with this type of case.
A catastrophic injury is life-changing and can create significant emotional and financial stress due to extensive doctor visits, medical bills, extra expenses, and loss of income. When the injury is a result of someone else’s actions, they should be held accountable. If this sounds all too familiar, a consultation with a Flagstaff catastrophic injury lawyer at The Kaiser Law Group can help you determine if you have grounds for a legal claim.
Our knowledgeable and compassionate legal team knows that a catastrophic injury doesn’t always just happen to an individual; it can often impact an entire family. Loved ones may miss work to care for the injured person, and the person may not be able to return to work. A skilled attorney can help you determine what damages you’ve suffered and advocate for you with insurance companies, medical professionals, and other parties so you can focus on healing.
A catastrophic injury often means that the injured person will be unable to work to support themselves. Such injuries usually involve permanent disabilities or have life-long effects. Examples of catastrophic injuries include:
In Arizona, victims are entitled to file a legal claim for damages suffered from a catastrophic injury if it was caused by someone else’s actions. In most cases, a person has to file a claim within two years of the date the injury occurred. Common causes of personal injury cases are traffic, boating, workplace accidents, defective products, injuries on public premises, and medical malpractice.
A cause of action must meet at least one of three conditions: negligence in acting with an appropriate level of care for the situation, such as an uneven sidewalk, intentional wrongs like assault, or strict liability, where someone else’s actions resulted in the injury but wasn’t negligent or intentional, such as a power tool with a fault safety switch.
The damages in these kinds of cases can be significant due to the extent of the impact on the person’s life. Like other kinds of injuries, damages often include medical expenses, lost income, and additional out-of-pocket expenses. Non-economic damages may be higher when someone has suffered a catastrophic injury. This can include:
Some states put limits on the dollar amount of non-economic damages a victim can receive for an injury, either in all personal injury cases or only in specific kinds of cases like medical malpractice claims. However, Arizona’s Constitution prohibits limits on damages.
Except in cases of intentional harm, Arizona is a comparative negligence state, which means that in cases where a person’s own actions may have partially contributed to their injuries, they can still collect damages, but the amount will be limited by how much fault they are assigned in the accident.
For example, if someone is paralyzed after being struck by a speeding car but the victim was crossing the street against a Do Not Cross signal, both the driver and the victim may be assigned some negligence.
An experienced attorney can review the facts of your case, present your legal options, and develop a legal strategy based on your personal situation and needs. A personal injury lawyer can also create a barrier between you and insurance companies, law enforcement, medical bill collectors, and other parties.
When you meet with an attorney for the first time, this is the time for you to learn about their experience and your legal options. Discuss if the lawyer thinks settling out of court is an option and how much your case settlement might be. Make sure to ask about their fees, fee structure, and any additional costs like court fees.
In addition, the attorney will likely want to review any documentation you have related to the injury, including medical bills and records, documentation of expenses and loss of income, police reports, and letters from the insurance company.
An injury qualifies as catastrophic if it permanently prevents an individual from being able to work and enjoy life in the way that they did before the injury. The injury may result in a permanent functional disability or a temporary disability with long-term effects. In the legal sense, it must also be the result of someone’s negligent or intentional actions.
There is no prescribed formula to calculate pain and suffering in Arizona, so in most cases, multiply the economic damages by a specific number based on the extent of injuries and their impact on the victim’s quality of life. In injury cases where the victim does not sustain a permanent disability, a different method may be used.
Yes, you can file a claim against your personal injury lawyer in some situations if they grossly mishandled your case. However, an unfavorable outcome is generally not grounds for a malpractice claim on its own. Instead, the lawyer has to make errors seriously enough to be considered malpractice, such as a breach of ethics.
The cost of hiring a personal injury lawyer in Arizona can vary, depending on the complexity of the case. Most personal injury lawyers in Arizona work on a contingency basis, which means the client doesn’t have to pay anything upfront, and the lawyer receives a percentage of the total settlement.
At The Kaiser Law Group, we understand how stressful and frightening a catastrophic injury can be and how much worse it is when it’s the result of someone else’s actions. We treat each client with the compassion and attention they deserve and strive for the most positive outcome possible. If you or a family member have suffered a catastrophic injury, contact our office today to set up an initial consultation.