A personal injury can be a traumatic experience. When someone suffers harm at the hands of someone else’s negligence or intentional acts, there is more to deal with than the injury itself. They usually have to deal with other damages in addition to their recovery. If you have suffered a personal injury, a Prescott Valley personal injury lawyer can help.
Navigating the law regarding personal injuries while going through your recovery can be tough. At Kaiser Law Group, we can help steer you through the legal process so you can focus more on your recovery. We can inform you of the law and keep you up to date with each step of the process. We know that every case is different. We can look over the details of your case to fight for the damages you deserve.
A personal injury in Prescott Valley, Arizona occurs when someone is harmed by another person or an entity through either their negligence or intentional acts. The injured party may be entitled to recover compensation from the offending party for the damages incurred as a result.
To prove that a personal injury happened, the victim must prove that the defendant had a duty of care, that they breached that duty of care, and that the injuries they incurred were a direct result of that breach of care.
Personal injury claims are civil claims and not criminal. It is highly recommended that you hire a personal injury attorney as they will be knowledgeable on how to file and all the requirements you must meet in order to pursue damages.
Personal injury claims are filed with the Arizona Superior Court. Claims are filed at the county court that deals with the location where the incident occurred or where the defendant resides. If the amount of your claim is less than $3,500, it can be filed with small claims court, which is typically an easier and quicker process.
A personal injury claim begins when you file a complaint with the clerk of the court. In the complaint, you will outline various details of the incident, including where and how the incident occurred, the defendant’s identity, how the defendant’s negligence or intentions caused your injury, details of the injuries themselves, and the damages that you wish to seek.
Generally speaking, in Arizona, you cannot mention the exact amount that you wish to recover in damages in your claim. Instead, you must classify it in one of three tiers. These tiers for damages are:
An attorney can help you decide which tier is most appropriate for your case, as in some instances, tiers may come with special rules depending on the details of your case.
The amount and type of damages you can seek in a personal injury case will depend largely on the circumstances surrounding your case, as well as your injuries. Some common damages that can be sought include:
A: The cost of a lawyer in Arizona will depend on how much your particular lawyer charges. Most personal injury lawyers in Arizona charge a contingency fee. This means that you will not have to pay your lawyer upfront. You only pay them if you are awarded compensation. A common contingency fee is 33%, so if you are awarded $10,000, for example, you would pay your lawyer a third of that, which would be $3,300.
A: You can sue for emotional distress in Arizona. Emotional distress is non-economic damage, which is one that is not easily determined through a set cost, but the amount is determined at the discretion of the court. You can seek compensation for emotional distress if the distress was a direct result of the defendant’s actions or negligence.
A: You can make a claim for personal injuries as far back as two years. This is the statute of limitations for most personal injury claims. There are a few exceptions to this rule. For example, if you want to file a claim against a government employee or entity, the statute of limitations is one year. Also, if the injury was reasonably discovered at a later date, the statute of limitations begins at the time of discovery.
A: There is no bodily injury limit in Arizona. So, there are no caps on how much you can claim in a case. However, there may be certain caps that an insurance company will pay depending on the accident. Speaking with a lawyer and your insurance company can help you determine how much you should claim when seeking damages.
If you have suffered a personal injury, having the legal guidance of a trusted attorney can help you seek the compensation you deserve. The Kaiser Law Group can help. Contact us today to get started.