Hire the Best Personal Injury Attorneys in Phoenix
If you or someone you love sustained injuries due to someone else’s negligence, pursuing a personal injury claim can be daunting.
In these situations, it’s crucial to have a reliable and experienced Phoenix personal injury lawyer by your side.
At Tawney, Acosta & Chaparro P.C., we are committed to fighting for your rights.
Our team of dedicated Phoenix personal injury attorneys has the experience and resources to handle even the most complex personal injury matters.
You don’t need to go through the process alone; let our legal team help. Contact us today to get started.
Types of Phoenix Personal Injury Cases Our Firm Handles
At Tawney, Acosta & Chaparro P.C., our team focuses primarily on personal injury claims. Here are examples of some types of cases we handle:
- Car accidents. Motor vehicle accidents are among the most common personal injury claims we represent clients for. A number of factors can cause car accidents, including distracted driving, speeding, or driving under the influence.
- Truck accidents. Accidents involving large trucks often lead to severe injuries due to a truck’s size and weight. Driver fatigue, improper loading, and inadequate maintenance may be factors in these cases. We work to hold negligent parties accountable, which might mean pursuing a claim against a large trucking company.
- Motorcycle accidents. Accidents involving motorcycles often result from other drivers failing to notice them or making abrupt moves without signaling. Our attorneys understand the intricacies of motorcycle accidents and work to protect the rights of injured riders.
- Bicycle accidents. Bicyclists have equal rights on the road, yet they face significant risks. We represent bicyclists who’ve suffered injuries because of motorists failing to yield, making improper turns, or other negligent actions.
- Brain injuries. Brain injuries can have life-long consequences, affecting a victim’s cognitive, physical, and emotional well-being. Causes may range from slip and falls to vehicle collisions.
- Catastrophic injuries. Some injuries have lifelong consequences on your quality of life, requiring life-long medical care and affecting your ability to work or even complete basic tasks around the house.
- Wrongful death. The loss of a loved one due to another party’s negligence is devastating. Our Phoenix personal injury lawyers offer compassionate representation, helping families pursue justice against all responsible parties.
This list is not exhaustive. If you suffered injuries in an accident not listed here, please get in touch with us to discuss your case.
Proving Liability in a Phoenix Personal Injury Claim
Establishing liability is required to collect any compensation in a personal injury claim. As the plaintiff, you must demonstrate that the defendant was responsible for the harm caused.
There are four elements of liability you must prove—duty of care, breach of duty, causation, and damages.
Duty of Care
The first step is establishing the defendant owed you a duty of care. That means the defendant had a responsibility to act (or refrain from acting) in a certain way to prevent harm to others.
For instance, drivers have a duty to operate their vehicles safely to avoid causing harm to other motorists, pedestrians, cyclists, etc.
Breach of Duty
Once you establish the duty of care, the next element is proving the defendant breached that duty. This is done by showing that the defendant’s actions (or inactions) deviated from what a reasonably prudent person would do under similar circumstances.
For instance, if a driver was texting while driving and caused an accident, you can argue they breached their duty of care by driving while distracted.
Causation
After proving a breach of duty, you must show a direct link to the accident and injuries you sustained. It’s not enough to show that the defendant was negligent; their negligence must be directly related to your injuries.
Damages
The final element of proving liability is damages. You must show that you sustained financial losses, such as medical bills and lost wages. Tangible evidence, such as medical records and bills, can help substantiate your claim.
Comparative Negligence in Arizona
Arizona operates under the principle of pure comparative negligence. That means if you are partially at fault for an accident, you aren’t barred from financial recovery like you might be in other states.
Instead, your percentage of fault will reduce your overall compensation. Arizona law allows you to recover compensation even if you are 99% at fault for the accident. However, you would only receive one percent of your overall damages.
Arizona Statute of Limitations for Personal Injury Claims
When it comes to filing a lawsuit for a personal injury claim, you typically have two years from the accident date in most cases.
This deadline is called the statute of limitations. In the case of wrongful death claims, the deadline is typically two years from the victim’s death.
Filing a lawsuit within the deadline is crucial. Otherwise, the court will likely dismiss your case, meaning you have no legal right to pursue compensation.
Exceptions
While the two-year statute is standard, Arizona law provides for certain exceptions that can either shorten or extend this time frame.
- Injuries to minors. For victims who were under the age of 18 at the time of their injury, the clock on the two-year statute of limitations doesn’t start running until they turn 18. Similarly, if someone lacks mental capacity, the clock could stop until they are of “sound mind,” thereby extending the deadline.
- Claims against public entities. Claims involving public or government entities may have different timelines and specific requirements. It’s essential to be aware of these nuances to ensure you protect your rights. The deadline could be as short as six months in some instances.
Given the importance of getting the statute of limitations deadline correct, we strongly suggest hiring an experienced Phoenix personal injury attorney.
Why Hire a Phoenix Personal Injury Lawyer?
While you aren’t legally required to hire a personal injury lawyer in Arizona, there are multiple benefits.
Here are a few ways that a lawyer at Tawney, Acosta & Chaparro P.C. can help you during the personal injury claims process:
- We’re well-versed in the nuances of Arizona’s laws, including the intricacies of statutes, case laws, and procedural rules that can affect your claim.
- Determining the actual value of your injury can be complex. We can accurately assess the value of your damages, such as medical expenses, lost wages, and pain and suffering.
- Insurance companies are notorious for minimizing payouts. With a skilled negotiator on your side, you have a better chance of receiving a fair settlement.
- Should negotiations fail, your lawyer will represent you in court, building a solid case and advocating on your behalf.
- Having a lawyer handle the legal process can provide you with some peace of mind and allow you to focus on healing.
When you choose a Phoenix personal injury lawyer from Tawney, Acosta & Chaparro P.C., rest assured we will do our best to help you recover the maximum compensation.
Contact Our Phoenix Personal Injury Attorneys
Choosing the right legal representation can make all the difference in a personal injury claim. At Tawney, Acosta & Chaparro P.C., we are committed to standing by our clients.
We recognize the gravity of the challenges you might be facing after an accident, including mounting medical bills, the agony of recovery, lost income, and perhaps the heart-wrenching loss of a loved one.
Our mission goes beyond mere legal representation; it’s about seeking justice for those grappling with life’s harshest moments. With a team that seamlessly blends competence with compassion, you’re hiring legal advocates who genuinely care.
If you or a loved one suffered injuries due to another party’s negligence, contact Tawney, Acosta & Chaparro P.C. to schedule a free, no-obligation consultation.