After being involved in an accident, you might not be able to return to work for a while and you might even be faced with some expensive medical bills that you are not prepared to pay for. At this point, you might be wondering if it is possible for you to receive financial compensation for your injuries by filing a personal injury claim. Since no two cases are alike, it is always best to consult with a personal injury attorney to ensure you are taking the right course of action. However, generally, in order to have a valid personal injury claim, you will need to address three basic questions:
- Did you suffer a personal injury, or was it just property damage?
- Were the injuries you suffered caused by another party’s negligence?
- Do you have recoverable damages?
If you were able to answer yes to all of the above questions, chances are that you have a viable personal injury claim for which you could receive compensation. Below, we will more thoroughly discuss these three key elements.
- Did you suffer a personal injury? You cannot have a personal injury claim without a personal injury. How is this defined? A personal injury can either be physical or psychological. For example, if you broke your leg after slipping and falling in a grocery store, this would be a personal injury. If you developed insomnia or suffered from depression after being involved in a traumatic accident, this would also be considered a personal injury. It is important to remember, however, that a personal injury is not the same as property damage. If you were involved in a minor accident that caused minimal damage to your vehicle, but your body and psyche were unharmed, you would not have a valid personal injury claim. Instead, an insurance company or small claims court would be able to provide you with a remedy.
- Were your injuries caused by another party’s negligence? Generally, when someone acts carelessly or negligently, resulting in injuries to another person, the negligent party would be held liable for the harm caused. According to the law, negligence is defined as a failure to behave with the level of care that a reasonable person would exercise under the same circumstances.
- Do you have recoverable damages? Finally, you must have suffered personal or financial harm that can be addressed through money damages, which is a legal term that is used to refer to the sum of money that is awarded to an injured person as compensation for his or her losses and injuries. If your attorney is able to prove that another party acted negligently toward you, the court might award you a sum of money that takes several factors into account, including:
- Medical bills incurred to treat your injuries
- Physical pain, emotional suffering, and mental anguish caused by the injuries you sustained
- Lost wages due to the fact that you were unable to work during your period of recovery
- Reduction in your overall earning capacity due to your injuries
- Disability accommodations for your home or vehicle
- Decrease in your quality of life
- Loss of companionship
This list includes both economic and non-economic damages. Economic damages, such as medical bills and lost wages are generally easier to calculate, whereas noneconomic damages are more challenging to calculate. Noneconomic damages include pain and suffering and diminished quality of life.
Personal Injury Attorney in Phoenix
If you sustained injuries that were caused by another party or entity’s negligent actions, you could have a viable personal injury claim for which you could potentially receive fair and just compensation. At Rafi Law Group, our team of personal injury attorneys in Phoenix is dedicated to proving aggressive legal representation to ensure the responsible parties are held accountable for their actions.
Get started on your personal injury case today and reach out to our law firm at (623) 207-1555 to request a free initial case evaluation with one of our knowledgeable attorneys.