Personal Injury Definitions To Know

If you have been injured in Arizona because of someone else’s negligence, you may be able to get compensation by filing a personal injury lawsuit. This category broadly includes injury to a person’s body, mind, or emotions and seeks to compensate a victim. While damage to property is not included in this definition, if property is involved it can become a part of your personal injury case.

There are some important definitions you will need to know before pursuing a personal injury lawsuit. These can relate to the type of damage you can claim, liability, negligence, and insurance rules.

Some of the most common definitions to know:

Punitive vs Compensatory Damages

With personal injury, you may hear the terms punitive and compensatory damages. Punitive damages are usually awarded as a punishment and deterrent to the person who caused the personal injury and not as compensation for the victim. These are very rare in Arizona and only apply in specific circumstances.

Compensatory damages are awarded to the victim to help them recover financially from any hardships they may have experienced. These damages assign a monetary value to the physical harm and property loss, if any, that the victim has suffered. This value can be actual or estimated with actual losses including items such as medical or repair bills, lost wages, etc., and estimated value typically being pain and suffering.

Comparative Negligence in Arizona

Often when you attempt to hold another entity responsible for your injuries, you may hear them try to argue that you were to blame, either partly or totally, for your own injuries. In Arizona law, the comparative negligence rule means that multiple parties can be partially at fault, potentially including yourself. This rule allows damages recovered to be reduced by the percentage of fault that the victim is attributed. An example of this would be if you were to be struck by another vehicle that ran a red light while you were speeding. By Arizona law, your compensation could be reduced based on the amount of fault that you had. Comparative negligence may also be important if you were a passenger in a car accident and multiple drivers contributed to the crash.

Who Can File a Personal Injury Lawsuit?

If you or a loved one has been injured or has died as the result of someone else’s actions, then you may be able to file a lawsuit. Common types of personal injury lawsuits include car accidents, medical malpractice, product liability, birth injury, slip and fall, wrongful death, animal bites, dangerous premises, nursing home abuse, attractive nuisance, defective drugs, and more.

Personal injury cases are complex and in Arizona they most often have a statute of limitations of two years that generally starts running at the time of the incident. An exception to this is if you have suffered an injury that you don’t discover until later. If you are filing a claim against a city, county, or the State of Arizona, then the timeframe is only 180 days to file the claim, and one year to file a lawsuit.

Personal Injury Lawyers in Tucson

Our personal injury lawyers have fought to recover monetary damages for victims in Tucson for over two decades. We have expert knowledge of the laws and court systems in Tucson as well as the surrounding areas.

If you believe you are a victim and want to get the compensation you deserve for your personal injury claim, contact us today for a free consultation.

 

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