From a legal perspective, a personal injury occurs when one party is hurt by another’s negligent action. It is typically severe and impacts the victim's ability to live, work, and lead a normal life. The laws and procedures surrounding these cases can be complex; to provide some clarification, below are answers to frequently asked questions on the subject.

4 Personal Injury FAQ

How Can I Tell if I Have a Legitimate Personal Injury Case?

If the injury you suffered was due to another party's behavior, you may have a valid claim. The other person or organization's action may have been unintentional, but that does not absolve them of their legal responsibility. After discussing the details of your situation with a lawyer, they’ll determine whether you have grounds to pursue a claim.

What Is Negligence?

Negligence is the failure of one party to exercise adequate care and caution. As members of a civil society, everyone has an unspoken duty to conduct their behavior with a reasonable amount of attention. When someone breaches that duty and causes harm to another person, they can be held liable for the damages the victim incurred.

Can I Still Seek Compensation if I’m Partially Responsible?

Most states, like Arizona, follow comparative negligence laws. As such, if you were not 100% at fault for the accident, you can still seek compensation from the other party or parties that contributed to it. For instance, if you turn left on a yellow light but run into a driver speeding through the intersection at the last minute, you are at fault for hitting the other driver, but they are too since they were speeding.

Would a Pre-Existing Medical Condition Figure Into a Claim?

In most cases, you won't be able to get compensation for a medical condition that existed before the accident. However, if you can establish that the pre-existing condition was made worse by the accident, you can usually proceed with an injury lawsuit. Moreover, if the condition has no relation to the damages incurred, it likely won't play a role in the case.

By understanding the basics of personal injury law, you can make informed decisions about your claim. The team at Riggs, Ellsworth & Porter, PLC, have been representing the Show Low, AZ, area for three generations, offering quality legal counsel and representation to secure maximum compensation for their clients. Call (928) 537-3228 or visit them online to arrange a consultation today.