Personal Injury Lawyer in Surprise, AZ
When you’ve been injured from a slip and fall, auto accident, commercial trucking accident, or due to medical malpractice, it can be difficult or nearly impossible for you to keep up with the resulting medical expenses or to stay active at work with your new injuries. If an accident has left you with a pile of medical bills, unable to work, or has caused major emotional or mental suffering in your life, then you deserve compensation for your losses – especially if the accident was caused by someone else’s negligence. Get the justice you deserve by hiring a personal injury attorney to represent you in Surprise, Arizona. Nathaniel B. Preston of Warnock MacKinlay Law has worked on hundreds of accidental injury cases in his career. Let this experience work in your favor. Your attorney can dedicate their time, energy, and resources to help you build your case and prove that your injuries were directly caused by the defendant.
Personal injury lawsuits can become complex. You don’t want to rely on your insurance company to handle the issue and you certainly don’t want to try to negotiate with the negligent party’s insurance company on your own. Hiring a skilled lawyer can be the difference between shouldering the physical, emotional, and financial burden that comes along with your injuries on your own and receiving the compensation you deserve.
What is a personal injury lawsuit?
As careful as they may be, no one expects to be the victim of an accident that results in serious property damage or personal injury. While you and your family take steps to keep everyone safe, others may not be quite as responsible, and unfortunately, their negligence can greatly impact your life. Whether you’re suffering from injuries following an accident involving a reckless driver, medical malpractice, or improper supervision in the workplace, then a professional lawyer can help you recover damages for you and your family.
When it comes to personal injury cases, in order to win your lawsuit or settlement, you have to prove that your injuries are the direct result of the action or inaction of another party. While your lawyer will investigate the incident in order to determine the strength of your case, it’s important to know what types of accidents can qualify for a personal injury lawsuit. These types of lawsuits can include the following:
- Auto accidents caused by drunk or reckless driving (includes accidents involving cars, trucks, buses, or motorcycles)
- Workplace accidents caused by overlooking dangerous or hazardous conditions
- Dog or animal attacks caused by improper care or restraints
- Neglect or abuse from caretakers in a nursing home
- Accidents while walking or cycling caused by a reckless driver
- Slip and fall accidents due to dangerous property conditions that the negligent party was aware of
With a knowledgeable lawyer on your side, you’ll be able to navigate the complexities of your personal injury trial and increase your chances of receiving fair compensation. Let your attorney focus on holding those responsible accountable in court while you focus on your recovery.
What types of accidents qualify for a personal injury case?
While auto accidents are the most common, there are a number of personal injury incidents that can greatly impact your life. Most personal injury lawsuits involve one of the following:
- Car Accidents
- Moped Accidents
- Motorcycle Accidents
- Truck Accidents
- Workplace Accidents
- Premise Liability
- Medical Malpractice
- Failure to Diagnose
- Product Malfunction
- Dog Bites
- Animal Attacks
- Slip & Fall
If any of the incidents above sound like they relate to your case, reach out to a Surprise, Arizona, attorney today who’s well-versed in accidental injury law. You shouldn’t have to pay for the damages and resulting injuries from an accident that was caused by another person – and your attorney can help.
Personal Injuries from Car & Trucking Accidents
As stated, the most common cause for personal injuries is some form of auto accident. Depending on the circumstances, the accident can result in anything from minor injuries and property damage to major medical conditions such as a brain injury.
For your accidental injury lawsuit, you’ll have to prove that the other party was being reckless or negligent at the time. While this is easy to prove in some cases – such as drunk driving cases where it’s easy to prove that they weren’t driving responsibly – in others, it won’t be so simple. The accused party and their insurance company will likely fight your claim to avoid giving you the compensation you deserve.
For commercial truck accidents, the resulting injuries can be even worse. Due to the size and weight of semi-trucks or tractor trailers, a car accident can result in severe injuries such as spinal cord injuries or even wrongful death. These commercial drivers traditionally have the backing of a secure insurance policy and a team of lawyers readily available to begin laying the groundwork for their defense. They’ll begin interviewing witnesses and trying to reconstruct the incident to prove that they were not at fault.
This is why the sooner you begin to prepare your case, the better your chances are of receiving a fair settlement that allows you to recover damages.
Discover if your case qualifies for a personal injury lawsuit today by contacting an Arizona attorney today. Using years of experience in personal injury law, Arizona attorney, Nathaniel B. Preston will negotiate your claim with the insurance company or take your case to trial, depending on your needs. Working with a skilled attorney improves the likelihood that you’ll receive fair compensation for your injuries, property damage, and emotional pain and suffering.
Won’t my insurance company take care of everything?
While many will tell you it’s possible to settle your case without a lawyer, relying on your insurance company runs the risk of you not receiving full and fair compensation. The negligent party’s insurance company will want to settle the issue as soon as possible and odds are, your insurance company will want the same. In their haste, they may not consider all of the long-term effects this unfortunate accident will have on your quality of life and financial livelihood.
Some physical or psychological injuries don’t appear right away. Some types of trauma may take a while for you to recognize. For example, mild traumatic brain injuries can take days or even weeks before recognizable symptoms begin to show. Migraines, disruptive sleep patterns, memory loss, and mood swings can all be symptoms of an accident injury that you may not recognize right away. Because of this delay, you don’t want to settle too quickly only to have additional symptoms begin to reveal themselves in the future.
In addition, it’s important to keep in mind that the defendant’s insurance company will try to get you to agree to the lowest possible settlement. The best way to ensure you receive compensation for the full cost and extent of your injuries is to hire an experienced personal injury attorney for your case. Using their resources and past experiences, they’ll have a better idea of what you and your family deserve in terms of recovering damages. They’ll use this knowledge to help you fight for a better deal or start preparing your case for a court trial.
What is the true cost of a personal injury accident?
Beyond hospital visits, medical expenses, and surgery, those who suffer from a personal injury could face even more financial loss if their injuries result in temporary or permanent loss of employment. Common accident injuries that result in considerable medical costs and loss of employment include:
- Broken bones
- Traumatic brain injury
- Spinal cord injury
- Burns on the body
- Nerve damage
Being a victim of an accident can drastically change your overall lifestyle. Your physical injuries could cause you to lose time at work, or at worst, lose your job completely if you’re unable to complete the tasks required of you. You could also lose the ability to do certain hobbies or tasks that once brought you great enjoyment in life.
In addition to physical injuries, the shock and impact of the incident could cause mental stress and suffering for both you and your loved ones. If you need to receive professional help dealing with your accident, such as visiting a therapist on a regular basis, you may be able to recover the cost of these sessions, as well.
What is my personal injury claim worth?
Now that you’ve made the decision to file a claim for your injuries, you may be wondering what your case is actually worth. The damages awarded to the plaintiff are based on the negotiated settlement between the injured party, accused party, their insurance companies, and their attorneys. Or the award can come from a judge or jury following a trial.
The key to determining how much compensation you should expect for your personal injury lawsuit is the resulting damages. Your lawyer can help you figure out what your injuries have cost your mentally, physically, and financially in order to give you a clear idea of what to expect.
For most cases involving bodily injury, car or trucking accidents, or slip and fall claims, your attorney will rely on some type of formula to estimate the compensation you can receive for your case.
Factors that are included in your settlement calculation include:
- Medical Expenses
- Property Damage
- Lost Wages for Missed Work
- Future Lost Income for Missing Work in the Week/Months to Come
- Estimated Future Medical Expenses for Ongoing Treatment
- General Damages
- Pain and Suffering
While putting a dollar amount on the full cost of an accident can be complex, the end goal is to ensure the injured party has been compensated for everything they lost as a result of the accident. Some things like medical expenses and property damage are easy to quantify, but abstract things like pain and suffering are a bit more complicated. Below, you’ll find a more detailed explanation of the type of compensation you can expect to receive.
It’s rare to have a personal injury case that does not include the cost of medical treatment following the accident. The injured party can be reimbursed for the cost of medical care that they’ve already paid for, as well as the cost of care they may need in the future.
If your accident resulted in you missing days of work and therefore impacting your overall salary, depending on the circumstances of your case, you may receive compensation for lost income from missing work. If you’re not able to go back to work at all, the court could give you an award for the loss of your earning capacity.
In cases where your home, vehicle, or other personal property were damaged as a result of someone else’s negligence, then the court may find that you’re entitled to reimbursement for the repairs you had to pay for or for the full market value of the property.
Mental & Emotional Duress
Following an accident, you have to contest with more than just your financial losses. In the immediate aftermath, you and your family will have to deal with any ongoing pain or discomfort you experience as a result. This includes emotional distress such as anxiety or sleep loss.
Loss of Enjoyment
In addition to mental pain and suffering, if your injuries now prevent you from enjoying activities, hobbies, or exercises that were once a big part of your live, then you may be entitled to receive damages for your “loss of enjoyment”.
Can my actions during or after the incident affect my personal injury award?
Although the above are important factors to keep in mind when determining how much compensation you should expect for your accident injury case, your lawyer will also be able to tell you what may be deducted based on your actions.
Arizona is a “pure comparative negligence” state. When it comes to accident victims, comparative negligence is a system used to determine what percentage each party is at fault for the resulting accident. Each party is only liable for what the court determines is their “percentage at fault”, so the defendant will only have to pay damagers for that percentage, even if they were at fault for the accident.
This means that your award could be reduced if the judge determines that a certain percentage of the accident is your fault. In few cases, the plaintiff’s award has been reduced to zero based on their actions.
For example, even if you feel that the other party is the one that caused the car accident that resulted in your injuries, if the defendant can prove that you were texting while driving, talking on the phone, listening to loud music, or driving while fatigued, then they may claim that you are partially at fault for the accident. They’ll be more likely to fight back against your claim, which can affect the chances of the court ruling in your favor. If you have some role in the accident due to your own inaction or direct action, then this could mean you’ll receive less compensation.
In addition to your actions that may have contributed to the incident, pure comparative negligence also applies if, following the accident, you did not take reasonable steps to minimise the financial impact of the accident. An example of this would be if you knowingly refused to seek immediate medical treatment for your injuries and now they have worsened over time.
Comparative negligence is a complex part of personal injury law. To determine if pure comparative negligence can affect your case, it’s important to reach out to an attorney to discuss all aspects for your case. They’ll be able to both investigate the incident and advise you on the best steps to take to ensure the court doesn’t reduce your overall award.
Contact Us Today for a Consultation with a Personal Injury Lawyer
Following an accident, extensive medical treatments and time spent off of work can result in a financial burden that you and your family weren’t prepared to face. That’s why it’s important to hire a well-suited personal injury attorney to represent you in an Arizona court. Lawyer Nathaniel B. Preston of Warnock MacKinlay Law has represented hundreds of accident victims and has experience fighting in court to ensure they recover compensation after their serious accident.
Don’t wait and don’t rely on your insurance company to keep your best interests at heart. Let a skilled attorney help you hold the negligent parties responsible for their actions and win the compensation you deserve.