What Is Negligence & Why Does It Matter in Personal Injury Cases?
Negligence is the basis for all personal injury cases. It proves that there was a failure to use reasonable care on the part of the other party, leading to your injuries.
Proving negligence requires:
- Establishing an obligation to keep you safe from the person who caused you injury; did they meet their reasonable responsibility to make sure you were out of harm’s way?
- Showing how the person or party failed to meet that obligation; what caused the injury that they should have addressed?
- Presenting evidence and proof of your injury and damages.
- Proving how the person or party’s failure to meet that obligation caused your injury or loss.
How Do You Define ‘Damages’?
In personal injury cases, damages refer to the costs of your injury, including both direct and non-direct financial expenses and awards.
How Much Does It Cost to Hire a Personal Injury Lawyer?
My initial consultation and case review are free of charge. Once a settlement is reached, I will be paid based on a predetermined percentage of the settlement amount.
How Long Do I Have to File a Lawsuit for Personal Injury?
In order to expedite your case, the sooner you file the better. Arizona generally allows two years to file a personal injury claim against the person who injured you, but in certain circumstances, the deadline can be tighter.
How Do I File My Personal Injury Claim?
Call me for a no-cost consultation. After learning more about your case, I will provide an honest assessment of your claim and determine if it is worth pursuing further legal action.
What to expect after filing a lawsuit?
After a lawsuit is filed, you can expect to have written discovery in the form of questions or request for production of documents sent. You can also expect to have someone take your deposition, which is where you’re asked questions under oath.
Can I sue if I was at fault?
You can, but you run a very good chance of getting a defense verdict, and you could be personally responsible for costs and/or sanctions.
Personal Injury Claims v. Workers’ Compensation Claims
A personal injury claim is a claim against a person or entity who caused injury. A worker’s compensation claim is a claim against a person’s employer for causing harm to them.
Can you sue for emotional injuries?
Part of a personal injury claim involves emotional injuries or pain and suffering.
Do I pay taxes on my settlement?
If you receive a settlement or a verdict for loss of earnings and/or punitive damages that are specifically for those damages, you may have to pay taxes on that recovery. This is something that should be discussed with a tax or financial advisor to confirm. There may also be tax consequences if a settlement is reached and the settlement agreement contains a confidentiality and/or non-disparagement clause.
Contact Us Today & Claim Your Free Consultation
Don’t wait to get the legal support you need. Call the Law Offices of Samuel P. Moeller, PLLC at (602) 900-9000 or fill out our online form to schedule your free consultation today.
With our no upfront fee structure and compassionate legal care, you can trust that your case will receive the individual attention it deserves. As a leading personal injury lawyer in Arizona, Samuel P. Moeller has over 20 years of experience helping clients like you achieve the justice and compensation they deserve.
Let us fight for your rights and be your voice in the legal system. Contact us today to take the first step towards resolving your personal injury case.