You Wont Believe What This Phoenix Injury Lawyer Did For His Clients
You should consider seeking legal counsel if you have suffered personal injury as a result of an accident or a product defect resulting in product liability. The world of insurance claims and personal injury law can be confusing to navigate on your own.
At Wattel & York, our Phoenix personal injury lawyers use our experience in personal injury litigation to ensure that you receive adequate compensation for the damages you have experienced as a result of an accident.
Medical malpractice, vehicle collisions, slip and fall accidents, and consumer product defects bring bodily and emotional harm to millions of Americans each year. The Centers for Disease Control and Prevention reports that each year 27.7 million Americans visit emergency rooms for unintentional personal injury, and over 121, 000 people die each year from those injuries. A bit of frayed carpet, an improperly executed repair, an irregular stair step, a loose handrail, a distracted driver, a defective product can all threaten to cause serious personal injury.
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It is important to understand the terminology involved in a personal injury claim. Personal injury refers to a variety of tort lawsuits alleging that a plaintiff’s injury was caused by negligence. In other words, personal injury law grants you compensation when another person’s misconduct, recklessness, or carelessness injures or damages you or your personal belongings.
Injuries in personal injury claims can refer to any damage to the body or mind. Medical and dental accidents also fall under personal injury and usually lead to medical negligence claims. There are many types of personal injury claims, each with its own laws.
Personal injury claims frequently involve automobile accidents caused by negligence. Motor vehicle crashes continue to be the leading cause of personal injury and death in the United States. In 2008, an estimated 37, 261 people were killed, and another 2, 350, 000 injured, in traffic accidents.
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When it comes to automobile accidents, fault is determined by the law of negligence. Drivers must exercise a standard of reasonable care when behind the wheel. If a driver fails to exercise this standard and causes an accident, the law of negligence dictates that compensation for damages to another person or property becomes their responsibility.
If you’re involved in an accident, one of the first things you should do is make sure that no one is hurt. Call 911 and wait for the police to arrive. If you or anyone else is injured, request medical treatment. Allow the EMTs to examine you at the scene and go to the hospital if it is recommended. Even if you feel fine, you should go see a doctor as soon after the auto accident as possible. Many injuries are not immediately apparent. If you can, take photos of the accident and collect contact information from witnesses.
Call your insurance company as soon as possible to file a claim. They will take general information about your claim and ask you to send in your documentation.
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Save a copy of every medical bill, including invoices from therapies, treatments, and medication you purchased. Ask your boss to write a letter stating the hours you have and will miss due to your injury. If you are self-employed, bring your tax returns from the previous year and write a letter detailing the income you’re missing out on.
Arizona is a pure comparative fault state. This means the person who causes the accident is responsible for covering any resulting damages. After you file your claim, an insurance adjuster will review your case and contact you for an interview. They will ask to record the conversation, but that does not mean you have to let them. Most attorneys would advise you not to.
After the insurance adjuster completes their investigation, the insurance company will accept or deny your claim. If they approve your claim, they will make you a settlement offer. It is advisable that you contact a personal injury law firm before accepting a settlement offer. Once you accept a claim and sign a waiver, you will no longer be able to pursue damages, so you want to be sure you’re making the right decision.
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Insurance companies don’t make money when they pay out big claims. They are going to look for every reason to give you less than you are entitled to. Our personal injury attorneys can tell you whether or not the insurance company’s settlement offer is fair. Alternatively, we can negotiate with the insurance adjuster on your behalf if they offer less than what you deserve.
Although it is rare, there are times when personal injury cases go to court. Our personal injury lawyers have years of experience with litigation, and our team researches each case thoroughly to give you the best representation possible.
Some of the most famous legal cases in history are product liability cases. In some instances, a defective product may result in a class-action lawsuit. A class-action suit takes place when multiple accident victims have experienced similar injuries as the result of using a product.
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Consumer products can cause personal injury. Imagine you just purchased a new riding lawnmower, but upon using it for the first time, the seat comes loose, causing you to slip and fall off and break your wrist. This scenario offers an illustration of how product liability and personal injury intersect — a product proves defective and causes injury to your person. In such a case, you’ll most likely file a claim of strict liability.
A claim of strict liability focuses on the defective product rather than any negligence on the manufacturer’s part. A claim of strict liability decrees that the manufacturer is responsible for a defective product even if there is no evidence of negligence.
If you are injured by a product, you may have a product liability case. You must prove the injury occurred through the proper usage of the product. However, it is not always so cut and dry. There are three different types of product liability cases.
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Sometimes, a product is doomed from the start because the product’s design may cause potential harm to people. This was true in the case of the famed Ford Pinto. The car was designed with a defective gas tank, causing explosions upon impact. When a company releases a product with a design defect, they are responsible for any resulting injuries.
Defective manufacturing happens when something goes wrong during the manufacturing process. A well-designed product may be put together or packaged improperly. This results in a particular product being different than others on the shelf. This does not mean all of the products are defective. Defective manufacturing could impact as few as one product.
When you buy a product, the company must provide you with instructions on how to use it. The instructions should also tell you how to avoid injuries. If proper instructions are not provided or you are told the product can be used for something that it should not be, you can file a personal injury claim to pay for resulting damages.
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If you suffer personal injury from a defective product, then a Phoenix injury attorney from Wattel & York can determine if any of the following parties can be held responsible for your injuries:
Most states have laws on their books that limit how long after the product has been sold to the public that the manufacturer or seller can be subject to liability laws.
Medical malpractice occurs when a doctor or other healthcare professional is negligent in their duty of care. Medical malpractice can take many forms. Nursing home employees failing to give patients their medication on time, a hospital orderly improperly cleaning equipment used in surgery, and doctors who prescribe the wrong medication may all be guilty of medical malpractice.
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Medical malpractice cases require a great deal of research. You must establish who is liable for your injuries and show they acted negligently. If a healthcare provider is an employee of the facility where you were treated, you would bring a claim against the facility. This is due to a legal doctrine called Respondeat Superior, which means let the master answer.
Things get a bit more complicated when it comes to doctors. Doctors are not always employees of a hospital. They are typically contract workers. In this case, you would bring a suit against them directly. When Wattel & York handles your case, we will determine who is ultimately responsible for the malpractice.Many states have tort reform legislation. This means that there may be a cap on the amount of money the plaintiff may be awarded in lawsuits like medical malpractice. Fortunately, Arizona law forbids such a cap. The state allows victims to seek full compensation for injuries caused by the negligence of medical professionals.
Whether you visit an office building, a shop, or a private home, the owner has a duty of care to you. They are responsible for keeping the premises safe and warning you of any danger that may exist. Injuring yourself on an unsafe obstacle or suffering a slip and fall from a poorly maintained walkway can lead to a premise liability claim.
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