PERSONAL INJURY CLAIMS AND THE LAWS OF ARIZONA

Andrew Gartman • November 9, 2021

A personal injury lawyer offers legal services to clients with personal injury claims. Such injuries may be psychological or physical. Personal injuries mostly occur because of the negligence of an entity; individual or corporation.


A personal injury usually falls under the area of torts, Torts are personal injuries that were not caused by criminal wrongdoing. Such claims may include defective products, traffic collisions workplace injuries, slip and fall accidents as well as professional malpractice.


Personal injury is an area of law that is recognized in most States of America. However, the laws guiding this area of law in each state vary. For example, the laws of Arizona give the injured person two years to file his injury claim, in the eyes of the law, these two years start counting from the day the accident occurs. In some cases, the two-year limit starts counting on the day the injury is discovered. This is because the law recognizes that some injuries may not be apparent until medical examinations have been conducted.


The Comparative Negligence Rule in Arizona


When you bring a claim against an entity for personal injury, the most probable defense they raise in court is that the injury was partially or a fault of yours. In case the Court finds you to be at fault, it will reduce the amount of damages payable to you, to the extent of that fault.


Auto Insurance Laws in Arizona


Arizona's laws offer two options to a person who was injured in an accident. The injured person can either go to insurance companies to settle the claim or come before the Court to seek damages after proving fault.

Since the laws of Arizona require a driver to have auto insurance coverage that can settle the compensation for an injured driver without necessarily appearing before the Court.


Dog Bite/Attacks


"Strict" Liability for Dog Bite/Attack Cases


In cases of dog bites, the relevant laws in Arizona (Ariz. Rev. Stat. §11-1025, and Ariz. Rev. Stat. §11-1020) places strict liability on the owner. These laws do not consider the past behavior of the animal. They make the owner strictly liable for any injury caused by their dog.


Damage Caps for Injury Cases.


To prevent unfair extortion of defendants, the law uses a "damages cap" to limit the amount of compensation that a claimant can demand in specific cases of personal injury. It is also important to note that these limits may vary per State.

WRONGFUL DEATH AND THE LAWS OF ARIZONA

By Andrew Gartman • November 10, 2021
According to the law of Arizona, a "wrongful death" is defined as a death that is caused "by wrongful act, neglect, or default." (Arizona Revised Statutes § 12-611 (2021).). A couple of legal fault examples are an intentional action (including a crime) a negligence-based occurrence (e.g car accident) medical malpractice When a case of wrongful death is successful, the defendant's liability is expressed by compensating the deceased's relatives. This is quite different from what obtains in cases of criminal homicides. While liability in cases of wrongful liability attracts compensation, liability in cases of homicide attracts penalties such as fines, probation, jail, or prison time. Liability for wrongful death may be established upon a preponderance of the evidence. Though these are general rules in cases of wrongful homicide, specific laws also apply. These laws mostly vary per state. Thus, for a case, if wrongful homicide to pass in law, it must be handled by capable lawyers. This capability must cut across three things. They are: Expertise in legal services; Specialization in cases of personal injury, particularly wrongful death; Experience with cases of wrongful death within the relevant jurisdiction. At Gartman Legal, we confidently check all relevant boxes. As a prominent firm in Arizona, we have successfully handled several cases of wrongful deaths. If you need legal services for a case of wrongful death, we are on hand to help you gain justice.  Contact us today, and we will help you speak the language that justice understands.
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