Phoenix Personal Injury Attorneys
Were you Injured in an Accident?
If you are injured and do not know how to move forward, we can help. Our firm has represented seriously injured clients for the past thirty years, and we know the toll an unexpected injury can take on a person’s life and the lives of their loved ones. The suffering you will endure is unexpected and unwanted; the strain on your finances, on top of the physical pain and emotional trauma, may seem like more than you can bear. While the law cannot change what happened, it can provide you with the financial compensation you need to move forward.
At The Ammons Law Firm, our job is to get you the compensation you are entitled to under the law so that you can move on with your life. Although the party at fault is legally required to put you back in the position you were in before the accident, it is an uphill battle to make this happen. Many of the damages and expenses caused by an unexpected injury are not easily identifiable and difficult to prove. The effect of your injuries will be unique to your situation and must be carefully proven to be recoverable. This requires the help of trained lawyers that understand how to identify the responsible party, communicate your unique suffering, and hold the at-fault parties accountable for their actions.
What is Personal Injury Law?
Personal injury is a body of that law that includes many different causes of action that allow people to recover compensation when they are injured. While each legal theory differs in the way it is proven in court, the end goal of all of them is the same: to return an injured party to the place they were in before the accident by compensating them for their injuries.
Personal injury law is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. In common-law jurisdictions, the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to his or her body or mind. Every state has a set of rules that say under what circumstance a person may recover damages for their injuries. When the law entitles you to compensation for injuries from an accident, the person at fault (also known as the tortfeasor) is required by law to pay the amount determined to have been caused by their act(s). This is usually done through the wrongdoer’s insurance carrier. All states require drivers to carry insurance policies before they are legally allowed to drive on the roads. Additionally, businesses that provide services or goods to the public carry liability policies. These insurance policies are there to protect you and ensure that you are compensated for the negligence of another party.
Receiving Help from a Trained Lawyer
Perhaps you are reluctant to seek help from a personal injury lawyer due to preconceived notions about lawyers, or maybe a fear of incurring added expense at a time when you are already overwhelmed with bills and costs from your unfortunate accident. You may think that you can handle the claim on your own and that the insurance company will take care of your damages. This is sometimes true for minor accidents but rarely the case when your injuries are substantial. If you have been in an accident that has had a serious impact on your life, you are almost always better off seeking the guidance and support of an experienced and knowledgeable personal injury attorney.
While we at Ammons understand you can’t put a price on a healthy mind and body and that physical injury can be permanent and have a lasting effect, we strive to recover the damages you need to move forward with your life in the most comfortable position possible. We believe that a person who suffers a debilitating injury should not have to worry about finances. With the help of our team, you can get monetary damages to cover expenses that the accident caused you to incur, including property damage, pain and suffering, mental anguish, disfigurement, loss of earning capacity, and your medical expenses, both past and future.
Theories of Recovery Under Personal Injury Law
Negligence is the most common theory of recovery in personal injury law. It is usually the cause of an accident and why we call them “accidents” (people rarely get into accidents intentionally). Negligence occurs when a person’s actions fall below a standard of reasonable care. Negligence is the cornerstone of tort liability and a key factor in most personal injury and property damage trials. The theory of negligence provides for the recovery of monetary damages for injuries resulting from actions that are not those of a reasonable person. In a negligence claim, if the wrongdoer failed to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances, the law says they must be held responsible for injuries they caused.
This country has set certain standards of care that are needed to keep order in our society. One example is our traffic laws which instruct motorists on how they are to act when driving on the roads. Many of these traffic laws dictate how a driver is to act in relation to other motorists, for example, when a driver is to yield the right of way to another driver or when all drivers must control their speed or maintain a single lane to not run into another motorist. When people deviate from this ordinary level of care, others get harmed by their negligence. There are three basic components that make up a claim for negligence:
- the existence of a legal duty the defendant owed to the plaintiff.
- defendant's breach of that duty.
- plaintiff's sufferance of an injury that was caused by the defendant’s breach of duty
A good attorney with experience in personal injury law can spot negligence in situations where others may not see it right away. For example, a person who is injured after they rear-end a parked 18-wheeler may automatically think they are at fault, but a seasoned lawyer will examine all angles to see if the truck driver contributed to the accident. For instance, was the truck’s presence on the roadway unlawful? If so, that person may be entitled to recover damages for their injuries.
Product Liability Claims
Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence, but it is generally associated with strict liability, meaning that defendants can be held liable regardless of their actions in producing the product. With a product liability personal injury claim, you can recover for injuries sustained while using a defective product. Unlike a negligence claim that focuses on the wrongdoer’s conduct, a product liability claim will enable you to recover regardless of the defendant’s conduct if the product is, in fact, defective. A product liability claim is usually brought against the company that made the defective product. This is a very complicated area of law that requires a lawyer who has training and experience in the field.
Proving Fault in a Personal Injury Lawsuit
Proving fault in a personal injury case, regardless of intentional, negligent, or strict liability, involves two fundamental issues: liability and damages. Was the defendant responsible for the injury-causing event, and if yes, what were the nature and extent of your injuries? Our legal system will compensate you for your loss as long as you can prove liability and damages. In order to hold a wrongdoer responsible for their negligence or for a defective product, specific elements of a claim must be satisfied to gain recovery. In general, most every claim requires the party who is pursuing recovery to prove that something the other party did or did not do caused their damages. The specific elements of proof required to hold the defendant responsible will vary from case to case and depend on the type of claim brought and the individual facts of your case.
Although the elements of proof necessary to hold the defendant responsible vary from case to case, the procedure is generally the same. Once the injured party consults with a personal injury attorney, the process begins with that lawyer contacting the defendant and/or their insurance company to provide notice of their client’s claim. First, your lawyer will work with the opposing party to attempt to reach a settlement agreement without litigation. Even if your lawyer determines that a lawsuit is necessary, either due to the defendant’s failure to engage in meaningful settlement negotiations or possibly because of the statute of limitations, your case could still be resolved without going to trial. During this pre-trial phase, both sides will offer evidence to support their position. In most cases, the lawyers will reach an agreement, and the claim will settle without a trial. Occasionally, however, the case is taken all the way to trial, where a jury will listen to both sides and decide the liability and amount of damages awarded.
Types of Injuries We Handle
When you suffer injuries and damages at the hands of another party, the law entitles you to receive compensation for the harm caused by that party. The damages for which you are entitled to compensation include both physical injuries as well as the mental and emotional suffering resulting from those injuries. A traumatic accident will cause you not only visible physical injuries but also less obvious injuries.
When suffering a serious injury, you must exercise your legal right to be compensated by the responsible party for all expenses associated with your injury, including medical care and any related expenses. You are also entitled to be paid for any future damages related to your injury, like no longer being able to walk on the beach with your spouse or ride bikes with your children.
Here at The Ammons Law Firm, we represent people that have been catastrophically injured. Catastrophic injuries are often permanent in nature and have a lasting effect on the victim’s life. As such, it is important to work with a firm that understands the residual impact of the injury and can properly convey the harm to the defendant. Damages can only be recovered when they are properly proven.
While the cases we handle depend on the situation, some of the common injuries we deal with include the following:
- Traumatic brain injuries
- Burn injuries
- Spinal cord injuries
- Neck and back injuries
- Amputation injuries
If you have suffered a life-altering injury, the personal injury attorneys at The Ammons Law Firm can help you hold the responsible party responsible and recover the monetary compensation as provided by law.
Phoenix Personal Injury Law Firm
At The Ammons Law Firm, we will ensure that you receive the medical and financial assistance you need to move forward. Finding the right attorney to advocate for you and represent your interests as you go up against a large corporation or an individual and his insurance company will give you peace in knowing you will be compensated for your injuries. At The Ammons Law Firm, we have represented clients throughout Phoenix for over thirty years and have helped numerous clients around the country get the compensation they are entitled to.