Many people mistakenly believe that a Tempe personal injury lawyer only handles cases of motor vehicle accidents that result in mental or physical injury. But these types of lawyers actually handle a diverse range of cases unrelated to auto accidents.
Some of the case types a Tempe personal injury lawyer handles include those involving injuries from:
- Assault, as affected 498 people in Tempe in 2014
- Bicycle accidents, as 1,276 people in Arizona experienced in 2015
- Birth injury, as more than 55 percent of 53,848 babies born in Maricopa county in 2013 could have experienced due to complications or medical risk
- Construction defects, as are increasing to crisis levels in Tempe and elsewhere, according to the International Risk Management Institute
- Dental malpractice, as 304 patients were compensated for dental malpractice in Arizona between 2004 and 2014
- Dog bites, such as may occur in Tempe area dog parks like Mitchell Dog Park, Papago Dog Park, Creamery Park, Shawnee Dog Park, or Grigio Park
- Malfunctioning products, as 26,948 people experienced in 2005
- Medical malpractice, as 2,777 patients were compensated for medical malpractice in Arizona between 2004 and 2014
- Nursing home liability, as up to 10 percent of elderly patients experience
- Pharmaceutical liability, as a rapidly growing number of patients are experiencing injury from prescription drugs, over-the-counter medications and medical devices in Tempe and beyond
- Premises liability, as 11,908 people experienced in the U.S. in one year
- Slip and fall accidents, with slip and fall accidents and general falls leading to 33 percent of ER visits
- Many other types of accidents
The list above is not all-inclusive for the types of injury cases that personal injury lawyers handle. Injuries may be caused from a wide range of circumstances and can occur just about anywhere. The primary focus of personal injury law firms is usually that of cases formed around injuries suffered due to the negligence or negative intent of another party.
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What role does negligence play in Tempe personal injury law?
The failure of someone to act carefully and reasonably is negligence. “Duty of care” is often a term used to describe the responsibility of a party to act carefully and reasonably. Under duty of care, someone like a doctor must perform a minimum standard of care expected of their profession. When such a party is negligent, fails under duty of care or intentionally causes harm to another resulting in injury, a personal injury case may be formed.
When negligence results in injuries, a personal injury lawyer will examine the facts of the accident to determine if a claim for financial damages may be filed. To gain monies through settlement or jury decision, the negligence must be proven by the plaintiff. The plaintiff is the person who suffered injury and other damages in the accident.
A Tempe Personal Injury Attorney Can Successfully Gain Compensation for Your Injuries
There are a multitude of legal specializations and even general practice lawyers who can handle your case. But having an inexperienced attorney representing your personal injury claim could prove problematic. Such a lawyer will not have the skill and experience of a Tempe personal injury lawyer who knows Arizona personal injury laws and can best handle your case. Personal injury attorneys know how to represent injured victims and have the resources needed to build the strongest possible case.
For example, a general practice lawyer may be able to help you gain $50,000 in damages by handling your claim. But a personal injury lawyer with Arizona experience will be able to use a successful track record of personal injury cases to deal with insurance companies toward a larger amount. A personal injury lawyer could likely double the amount you receive in such an example, leading to an amount of $100,000 or more for the same case. So why would you resort to using any type of lawyer but one specializing in personal injury cases?
To entice you to work with them, general practice lawyers often reduce their fees by a percentage for personal injury cases. But that reduced fee will still not lead to the higher compensation you can gain under the help and guidance of a personal injury lawyer. Reputation, knowledge and experience in personal injury law are more valuable toward higher financial results, than a reduced fee.
Why Personal Injury Cases Are Important to Injury Victims
Personal injury cases are important for injury victims because they provide compensation for the extreme losses victims experience throughout the rest of their lives due to the suffered injuries. Hirsch & Lyon Accident Law handles client cases formed around injuries and lasting damages suffered as the result of an accident. Personal injury categories for which Hirsch & Lyon Accident Law represents clients include:
- Birth injury
- Bicycle accident injury
- Business and contract disputes
- Product liability
- Dental malpractice
- Government liability cases
- Medical malpractice
- Brain damage
- Personal injury
- Wrongful death
- Tempe car accidents
- Premises liability
- Nursing home injury or elder care abuse
Even a simple act of negligence can result in personal injury that is permanent, disabling and responsible for a lifetime of financial loss, in addition to other damages. Personal injury cases are designed to help the injured victim and his or her family, all of whom suffer after such an accident or act of negligence. Settlements commonly range from $25,000 to well over $1 million or more.
Below are the most important considerations on which potential settlements are based:
Medical expenses can be extremely high. Many injured victims are billed beyond $100,000 for immediate care following an accident or negligent event. This is particularly true when the injuries require a lengthy hospital stay or rehabilitation services. These bills often need to be paid as quickly as possible by the injured party and his or her family to prevent additional financial repercussions. The pressure of needing to quickly eliminate such mounting debts often lead victims to accept low compensation from insurance companies eager to settle before the victim talks to a lawyer.
Victims can almost be guaranteed a quick visit from an insurance adjuster after their accident, if someone else has been negligent or is otherwise at fault for the injury. This is a common insurance company tactic, as adjusters want to gain the victim’s signature on a settlement before the injured person has become fully aware of the financial effects and other damages that the injury will inflict over their lifetime.
Adjusters almost always claim that the settlement amount will cover all expenses. Victims and their families are often initially impressed by initial offers, however what the amount does not provide for is other costs, such as life care, vocational training, or other expenses incurred throughout the victim’s lifetime because of the injury.
Although it can be very tempting to just think positively and sign the settlement documents to alleviate immediate financial concern, you should never sign these papers without speaking to a Tempe personal injury lawyer who is experienced in determining the exact compensation you are owed for your injuries. Adjusters should never be dealt with, without a personal injury lawyer by your side.
In-home care, future medical bills, rehabilitation and specialized adaptive devices are some costs included under the compensation of life care. Even when family members vow to provide in-home care, life care compensates for costs. Family members will pay a personal price for helping their injured loved one. Such provision of care can take up personal time, energy, focus and freedom to pursue other activities like work outside of the home. There may also come a time when this person can no longer provide the care or simply needs time to take care of their own needs. At those times, a live-in nurse or home care provider must be paid for.
To protect your future, your case relies upon having an experienced personal injury lawyer by your side. Expert witnesses will be enlisted by your attorney to ensure your compensation amounts are correctly calculated for what you deserve, whether the case is settled out of court or must go to a jury trial.
Pain and Suffering
Pain and suffering damages are calculated with damages affecting the victim’s life, those experienced by the family and occupational losses. These amounts comprise the final compensation amount, along with lifelong impact of the injuries.
Pain and suffering awards are often the largest amounts awarded as part of a personal injury case. This is because of the massive ramifications of such an injury on the individual’s life and that of their family. Losses can be exponential, with victims losing their future earning ability, to the amount of a million dollars or more, in many cases. But these victims often experience enduring pain that cannot be eliminated. They may also experience lowered mental capacity. Some injured victims are reduced to a vegetative state and cannot enjoy their life, with families having to pay for decades of life support services. Pain and suffering damages cover all of these type of costs as the jury or settlement considers applicable.
Damages suffered in regard to employment are calculated by a vocational specialist or the personal injury attorney. If a victim cannot hold their prior job because of their injury or must gain employment in a different field with reduced earning capacity, this compensation is sought. Many injury victims can never work again. Others may have been on their path to college or vocational training, but will never be able to have a career.
Many victims of personal injury work after their accident but cannot hold onto their job. Others are unable to achieve promotions due to their injuries. Such injuries may be physical or related to issues such as post-traumatic stress disorder. An experienced lawyer will be able to see the effects of the injury on these victims and how their futures are affected. Employment damages take these losses into consideration toward compensation.
Shorter employment in their lifetime is also a factor for personal injury victims. They often must retire at a younger age. For calculation of damages associated with these changes to occupational outlook, the lawyer must review past earnings, projected career earnings toward retirement and what they are able to earn after the injury. Career losses are calculated with factoring of inflation and market value increases for the occupation included into the total. The calculations may be produced by a vocational expert or reviewed for their endorsement.
Juries are understanding in occupational losses. They tend to know that vocational experts have a basis of knowledge toward development of calculated amounts. Juries also understand injuries affect a lifetime of earnings for both the victim and the family. Everyone in the family suffers losses, included a reduced quality of life as a result of the injury.
Jury members often hold sympathy for victims due to the loss of a fulfilling occupation. It is difficult to think of someone losing potential of achieving their dreams or having to settle for lower positions in their field due to the negligence of another party. Juries know they must ensure the victim is compensated as deserved. In working with an experienced lawyer, the insurance company is also aware that they will be held accountable for more of what the victim deserves. To gain a large settlement for yourself and your family after a personal injury accident, having a lawyer’s help is the best choice. Your case may be settled quickly and may never even need to go to trial.
Why Hire a Tempe Personal Injury Lawyer
Tempe personal injury lawyers of Hirsch & Lyon Accident Law know how to successfully present personal injury cases toward settlement or a win at trial. Our attorneys employ experience, knowledge and skill to fight for injured victims and their families for the compensation they deserve. Our firm also aids in medical liens and medical treatment expenses to ensure victims do not become overwhelmed by out-of-pocket expenses.
Call the experienced Tempe personal injury lawyers of Hirsch & Lyon Accident Law anytime at 602.254.2701. Or you may fill out our free consultation form online. You will gain a free 30-60 minute, no-obligation case evaluation with one of Hirsch & Lyon Accident Law’ Tempe personal injury attorneys.