Suffering from a personal injury can be a life-altering experience. It can cause great pain and inconvenience to your life. In addition to this, you can be stuck with unexpected expenses during your recovery process. In these cases, you may be entitled to compensation for the damages incurred due to the injury. A Prescott personal injury lawyer can help you recover the compensation you deserve.
At The Kaiser Law Group, we are knowledgeable about these types of cases. We understand the process of seeking compensation for personal injuries. We know that each case comes with its own set of unique details. We can examine the details of your case and fight for the compensation you deserve.
We can ensure that you are informed about the law and the potential outcomes of your case. We believe in ensuring that your rights are protected as we strive for the greatest possible outcome for your situation.
In Arizona, a personal injury occurs when a person is harmed or injured due to the negligence or intentional acts of another person or entity. Some examples of personal injuries include:
Some people or entities that could be responsible for these injuries include:
In Arizona, a person generally has two years from the date of their injury to file a claim against the offending party. However, if a person did not know about their injury, the statute of limitations begins either at the time the injury is discovered or at the time they should have reasonably discovered it.
For example, let’s say a patient in Prescott has surgery and there were no apparent injuries, especially during the recovery process, where pain and other side effects can be attributed to the healing process. If the patient then discovers they are having recurring pain later, and after additional medical testing, it is discovered that the pain is attributed to a surgical error, they may file a claim within two years of discovering this information.
In this case, the injured party has done their due diligence to discover the source of the pain, and there was no reasonable way for them to know of the surgical error when it happened.
There are a few exceptions to the statute of limitations rule. For instance, in most dog bite cases, the statute of limitations to file a claim is one year. In dog bite cases, an injured person can file a strict liability claim (preferred method) or a negligent claim.
In a strict liability claim, the dog owner is held liable for the bite whether or not they could have done something to prevent the bite as long as the victim did not provoke the dog or participate in illegal activity at the time of the bite, such as burglarizing a house the dog was in. In strict liability claims, the statute of limitations is one year.
You cannot file both a strict liability claim and a negligence claim. If you want to seek damages under both statutes, they must be filed under one claim and within one year.
There is also a one-year statute of limitations if you want to file a claim against an Arizona government official or entity. In addition to this, you must submit a notice in writing of your intention to file the claim within 180 days of your injury. This is separate from the actual claim being filed, but it is a requirement in order to file a claim.
There are some instances where the statute of limitations can be extended. If the injured party suffers from legal disabilities, the statute of limitations begins when that person is no longer declared disabled. Disabled under this definition means the victim is either underaged or mentally unsound, both of these instances rendering them unable to manage their own affairs without the help of someone else.
The statute of limitations may also be extended if the defendant leaves the state. If the defendant leaves Arizona before or after the injury, the time they are away will not count toward the statute of limitations.
A: The cost of a personal injury lawyer depends on how your lawyer charges. Many personal injury lawyers charge a contingency fee. This means you do not have to pay them unless you receive compensation in your case. For example, if your lawyer charges a 33% contingency fee, you will pay them a third of the damages you receive.
A: Most personal injury lawyers take a percentage of their client’s damages as their fee, referred to as a contingency fee. The most common percentage is 33%. However, the amount usually ranges between 20% and 40%. The amount will depend on how your lawyer decides to charge for their services.
A: In order to file a personal injury claim, you must first file a complaint. This complaint is filed with the clerk of the court. You will include various information in the complaint, including who is involved in the case, details of the event that caused the injury, including when and how it happened, the injuries themselves, how the defendant was negligent or intentional in their acts that caused your injury, and the compensation you wish to receive.
A: The amount that a personal injury settlement can be in Arizona will differ for each case. No two cases are alike, so the amount will vary depending on your injuries and the damages you are seeking. For example, if you miss work, the missed wages will depend on your field of work. If your personal injury resulted from a car accident and you are seeking car repairs as part of your settlement, this amount will vary based on the damages.
If you have suffered a personal injury, contact The Kaiser Law Group for more information.