What is Personal Injury? Personal injury is the legal term for an injury to a person’s body, mental state and emotions, along with property.
- To prove that someone is responsible for such injury, the injured party must prove the following:
- The responsible party had a duty to keep others safe from being injured.
- The responsible party was at fault.
- The injured party was injured as a result of the responsible party’s acts or omissions.
- The injured party suffered damages.
What do I do after an accident and injury?
- It is always a good idea to call 911 after an accident. Determining who was at fault is also very important because the failure to prove liability may cause an insurance company to deny liability.
- Never leave the scene of an accident – always wait for law enforcement.
- Do not discuss fault with the other parties involved in the accident or with bystanders. It is human nature to want to apologize – even if you are not at fault. DON’T APOLOGIZE!
- Taking photos is also important. Most of us carry a camera in our pocket everywhere we go (camera phones). Photographs are just as important as any police report. Look for skid marks, damaged property, or other results of the accident and document them by taking pictures.
- Look for witnesses. If you learn that there were witnesses, make sure law enforcement gets witness statements from them.
- If you are injured, consider going to the hospital by ambulance. This decision is difficult because drivers may not have health insurance, or funds sufficient to pay for ambulance. Nevertheless, if you are injured, the first course of action is to document your injury with a medical provider. Insurance companies consistently devalue cases because the injured person waits too long before he or she seeks medical attention.
- Get the insurance information from all drivers involved in the accident.
- Contact the insurance companies involved to make a claim – BE CAREFUL. INSURANCE COMPANIES WILL TRY TO INTERVIEW YOU. EVERYTHING YOU SAY CAN BE USED AGAINST YOU. IT IS BEST TO HAVE AN ATTORNEY MAKE THE CLAIM FOR YOU.
- Consult an attorney. Most attorneys will give you a free consultation about the accident.
How do I do to start an injury claim?
- Make sure you have a copy of the police report.
- Document all medical providers that provide treatment.
- Write down all of your injury symptoms in a daily journal (our firm gives suggests day planners to our clients to do so)
- Do not allow gaps in treatment – go to the doctor when ordered or needed.
- Do not give a recorded statement to insurance companies without the help of an attorney. Again, EVERYTHING YOU SAY CAN BE USED AGAINST YOU. IT IS BEST TO HAVE AN ATTORNEY MAKE THE CLAIM OR STATEMENT FOR YOU.
- Why do I need an Injury lawyer or Injury Attorney?
- Accident attorneys or accident law firms have vast experience in dealing with insurance companies. These accident lawyers know that insurance companies still engage in dirty tricks and unethical behavior to get you to accept less money than you are entitled to.
- Insurance companies work to delay and deny any and all claims – having an injury attorney gives you leverage over these industry giants.
The Law Offices of Gonzales & Poirier are injury lawyers who can handle any personal injury claim. Our injury attorneys are trial attorneys who have vast experience filing personal injury law suits. We are accident attorneys. If you or a loved one has been in a car accident, truck accident, motorcycle accident, bike accident or any other type of accident, you need injury lawyers to help get you the settlement or verdict you deserve. Insurance companies do not want to pay you for your losses. In Arizona, an injured person hurt in an accident may seek recovery for the following damages:
- The nature, extent, and duration of the injury.
- The pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced, and likely to be experienced in the future as a result of the injury.
- Reasonable expenses of necessary medical care, treatment, and services rendered, and expenses reasonably probable to be incurred in the future.
- Lost earnings to date and any decrease in earning power or capacity in the future.
- Loss of love, care, affection, companionship, or other pleasures of any relationship.
- Loss of enjoyment of life, that is, the participation in life’s activities to the quality and extent normally enjoyed before injury.
Just like each person is a unique individual, your case is unique is different. Therefore you need to talk to an attorney about your particular case and should not use this article as a substitute to seeking the legal advice of an attorney. If after reading this article you have any questions about your case and your rights call us at 928-774-5400. We are a plaintiff’s law firm and only represent injured people.