Phoenix Personal Injury Lawyers Help You Obtain Justice

The Law Offices of Bryan Folger, PLLC

Personal Injury Attorney PhoenixArizona personal injury law focuses on situations in which someone suffers emotional and/or physical injury or death as the result of a wrongful act of another. Often times this is from an auto accident, motorcycle crash or trucking incident. Slip and falls, dog bits, and medical malpractice also fall under the Phoenix personal injury realm.

When this occurs, the person who has sustained the damages from personal injury or their family or estate may sue for compensation with a Phoenix personal injury attorney. Such cases, which are heard in civil court, are brought by plaintiffs who are seeking monetary compensation for injuries suffered.

Phoenix personal injury attorney Bryan Folger was selected by Super Lawyers as one of the rising lawyers in the Southwest and a 2014 Top 40 Lawyer Under 40 by the American Society of Legal Advocates.

Instances of Personal Injury

Personal injury covers a wide range of situations and circumstances.

Claims include negligence, such as an example when a careless individual injures someone. These include slip and fall injuries and automobile accidents. A professional malpractice case, which may be brought against a doctor, lawyer, accountant, or another professional, is another example of personal injury law.

 Penalties

Personal injury law dictates that if someone causes an accident in a careless manner that they are responsible for various compensatory damages. These include payments for medical bills, lost wages, pain and suffering, emotional and psychological damages, and physical injuries that hamper them physically in the future.

Medical expenses are fairly simply to account for, as is time lost from work, however, other types of compensPersonal Injury Attorney Phoenixation are not as easy to determine. What are the long- and short-term effects of pain and suffering, emotional and psychological harm, physical limitations, and other similar results of your accident?

Lawyers, insurance companies, a jury, and judge will make this determination. There are no limitations on monetary awards in Arizona for personal injury cases. Thus, it’s totally up to those involved to make their best case for how much a victim should be compensated, and it’s up to the jury to decide on a just amount, or if settled out of court, the lawyers and insurance company come to a settlement amount. This happens under the guidance and discretion of a judge.

Lawyers such as Bryan Folger are not averse to taking your case to trial to obtain you the highest possible settlement. Most personal injury lawyers in Phoenix work extra hard to settle your case rather than going to trial. While this is often the right thing to do for you, it may not be the best thing.

This is why it’s very important to hire a personal injury lawyer in Phoenix who is NOT scared to take your case to trial if necessary! Call (866) 266-0959.

Determining Fault

How much compensation one receives is dependent partly upon how much at fault they may be. Arizona personal injury law has a Personal Injury Attorney Phoenixcomparative negligence rule, where how much someone recovers for damages is partly related to how much fault they bear for the injury.

As an example, if you’re injured in an accident partly due to a misstep on your part, which contributed 10% to the accident, and partly due to the negligence of someone else or a company, which contributed 90% to the accident and the award is $100,000, you would receive 90% of that award, or $90,000. Because you were deemed to bear 10% of the responsibility for the injury, that percentage would be deducted from the total amount of the award.

Also, in such cases, there may be more than one person or entity responsible for your injuries. Thus, using the example above, if you were responsible for 10% of your mishap, and Person/Company A was responsible for 50% and Person/Company B for 40%, then of the $100,000 award, you would receive $50,000 from A and $40,000 from B, for a total of $90,000. (Again, 10% is deducted from the total award amount, as this is the percentage of your responsibility.)

Strict Liability Dog Bite Cases

Arizona has a strict liability law for dog bite cases. In such cases, the owner of the dog is 100% liable when their dog bites someone. The only way in which an owner would not be liable would be if the person bringing the suit provoked the dog in some manner.

That means, if you are bitten by a dog and did not incite such, then the owner is automatically liable and the jury will just need to decide the amount of damages to be awarded. That means that the dog owner and insurance company will want to settle the case quickly and before the case goes to court.

Wrongful Death

Under Arizona law, if you lose someone due to the negligence of another, and you are the child, spouse, parent, guardian, or designated to be in charge of the deceased’s estate, then you may bring a wrongful death suit against the person, persons, or company that caused their death. When someone causes the death of another due to a wrongful act or negligence, then they have created a grave personal injury.

Statute of Limitations

Statute of limitations is the amount of time you have to file a lawsuit against someone or a company. In most personal injury cases in Arizona, there is a statute of limitations of two years from the time you are injured or a life is lost to when you must file your suit.

If you intend to file a personal injury lawsuit against a government worker or entity, then you must file a Notice of Claim within 180 days with the government from the date of the injury. The Notice of Claim is not a lawsuit, but it must be filed in order to later file a suit against the government or a worker. The Notice of Claim is a summary of the facts of your case, and it includes a proposed settlement amount. The government may or may not offer a response to your Notice of Claim. The plaintiff has two years from the injury to file their suit.Personal Injury Lawyer in Phoenix

There are two instances when you have only one year to file a claim. The first is if you are filing a claim in relationship to a dog bite. The second is if your injury is covered by worker’s comp. If you don’t file a suit within the initial year, then the worker’s comp insurance agency has the right to do so. If you want to file a claim after one year, the insurance agency must assign you the rights to do so.

Also, if you are in negotiation with an insurance company or the person or company responsible for your injuries, this does not delay the deadline for the statute of limitations. You have either one or two years to file, depending upon the situation.

How is a Phoenix Personal Injury Lawyer Paid?

A personal injury lawyer in Phoenix is paid on contingency, which means he gets paid for certain designated expenses plus a percentage of your award once your case is settled and the award is made. That means that a knowledgeable and savvy personal injury attorney won’t want to take on a case unless they believe that it is viable, and that you have been the victim of a wrongful act that is the responsibility of another person or a company. It is usually agreed upon that if the Phoenix personal injury attorney does not win any damages for his/her client, he will forgo any and all compensation for the case.

Why Use a Personal Injury Lawyer in Phoenix?

Legally, you are not required to hire a Phoenix Personal Injury lawyer for your personal injury case. However, it is a very good idea to do so. An attorney experienced in Arizona personal injury law may offer you a variety of ways to settle your case and receive just compensation.

They understand the civil court system and the rules that govern it, and they know how to be tough negotiators. A good Phoenix personal injury lawyer can save you time, get you the best possible award, and may be able to negotiate fair compensation without having to go to court.

Securing a LawyerPersonal Injury Lawyer Phoenix

In securing an Arizona personal injury lawyer, it’s important to retain one who has an solid understanding of personal injury law such as the Award Winning Law Offices of Bryan Folger.

Personal injury law is a highly complicated area, and it is essential that you secure a Phoenix PI lawyer who has a comprehensive and detailed understanding of the law.

To discover and retain an experienced and knowledgeable Phoenix personal injury lawyer quickly, the Phoenix Attorney Network works with the Law Offices of Bryan Folger. It is very important that you consult with a personal injury lawyer as soon as the injury occurs or as soon as you realize that you have suffered an injury.

These are your first steps towards justice! Call  (866) 266-0959 today.

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