Tucson Personal Injury Lawyer

Tucson Personal Injury Attorney

Every day in Arizona, thousands of personal injuries occur from various causes. Whenever one party’s actions cause harm to another party, this constitutes a personal injury and can lead to a series of complex legal proceedings between the parties involved.

Each state has unique personal injury statutes, and if you intend to file any type of personal injury claim in Tucson in the near future it is crucial to know the state’s laws for managing these claims and how to maximize your recovery.

Legal Representation You Can Trust for Your Tucson, AZ, Personal Injury Claim

If you or a family member recently suffered any type of personal injury because of the actions of another party, you have the right to file a civil claim against them to legally recover compensation for the losses they inflicted on you and your family. Success with a personal injury claim requires meeting strict rules and gathering substantial evidence to support your claim, and you have the greatest chance of success when you hire an experienced Tucson personal injury attorney to represent you.

The attorneys at the Bleaman Law Firm, PC, offer decades of professional experience in personal injury law, and our firm has assisted many past clients in the Tucson area with their recovery efforts following the misconduct and negligence of others.

If you know another party is liable for the injury you recently suffered, our team will help hold them accountable and secure compensation for the losses they inflicted on you and your family.

Benefits of Working With a Tucson Personal Injury Attorney

It is technically possible to file a personal injury claim on your own, as there is no law that requires a plaintiff to have legal representation as they seek accountability and compensation for a personal injury caused by another party. However, if you tried to handle your impending personal injury case without legal counsel, you would face several significant risks in doing so. You may miss an important filing deadline with the court or make clerical errors with the documents you submit for the court’s consideration. It’s also possible to overlook avenues of recovery that a seasoned Tucson personal injury attorney would be able to identify, resulting in less compensation than you legally deserve.

Hiring a Tucson personal injury attorney that you can trust significantly improves your ability to ensure accountability and compensation for your damages no matter what your personal injury case entails. Every plaintiff will face different legal challenges as they seek compensation for their damages in these cases, but one constant for every plaintiff is the value of trustworthy legal representation. When you pick the Bleaman Law Firm, PC, to handle your case, you will have a responsive and experienced legal advocate readily available to provide the guidance and support you need to navigate your case with confidence.

Ultimately, you are not only more likely to win a personal injury case with an attorney’s assistance but also more likely to maximize the final case award you obtain from the defendant who caused your injury. Many clients of the Bleaman Law Firm, PC, initially undervalue their claims, not realizing the full scope of the compensation available to them until they have secured legal counsel from an experienced attorney. Once the victim of a personal injury has received the immediate medical care they need to stabilize, the next step of their recovery process should be to contact experienced legal counsel to guide them through their claim proceedings.

Understanding Personal Injury Laws

Before you file your personal injury claim in Tucson, it’s vital to know the state’s procedural rules for these claims. First is the statute of limitations or time limit for filing your case. You must file your personal injury claim within two years of the date the injury occurred; otherwise, you cannot claim compensation from the defendant. This may sound like more than enough time, but many variables can potentially influence your case’s timeline and it is always preferable to start the claim filing process as soon as possible.

Next, you must understand the requirements for securing compensation for your damages. Once you have identified the party or parties responsible for your injury, you must either prove that they caused the injury through intentional misconduct or negligence of some kind. Your attorney can guide you through this process, helping you secure the evidence needed to substantiate your claim for damages.

Proving Negligence in a Personal Injury Case

Most personal injury claims filed in the Tucson area pertain to acts of negligence, or a failure to uphold a duty of care in a specific situation. The average adult has many duties of care they must fulfill in specific situations. A driver has a duty of care to obey traffic laws and drive responsibly. A dog owner has a duty of care to ensure their pet does not harm other people. A property owner has a duty of care to ensure their property is free of foreseeable hazards to lawful visitors.

If your personal injury occurred because of negligence, you must identify the defendant who caused the injury, prove they held a specific duty of care in the situation in question, and then breached that duty in some way. Proving negligence typically requires evidence that the defendant acted in a manner contrary to how one would expect a reasonable adult to behave in the same situation.

Success with any personal injury claim requires proof not only of the defendant’s negligence but also that their negligence caused actual harm or tangible, measurable damages. Plaintiffs also have the right to seek compensation for the pain and suffering they experienced from their personal injuries, and many other factors can potentially affect the final outcome of any personal injury case. The ideal method of addressing the complex variables your claim entails is hiring an experienced Tucson personal injury attorney to represent your interests in civil court.

When you hire the Bleaman Law Firm, PC, to represent your personal injury case, we will help gather any evidence and testimony required to firmly prove fault for the damages you suffered. We will then help prove the exact extent of those damages, ensuring the defendant is held fully accountable for the entire scope of the harm they inflicted on you.

What to Do After a Personal Injury From Criminal Misconduct

In the event your personal injury was the result of another party’s criminal activity, they face not only liability for your civil damages but also criminal charges filed by the state. The most common example of illegal misconduct that often results in civil damages is driving under the influence (DUI) of alcohol or drugs. However, it is also possible for a personal injury case to arise from an act of interpersonal violence, intentional crime, reckless driving, or many other criminal acts.

If your personal injury case unfolds in tandem with a criminal case filed by the state, your Tucson personal injury attorney will advise you as to how these cases may overlap and interact. You may be called to testify as a witness against the defendant in their criminal case, and the judge handling their sentencing may add restitution to you as part of the defendant’s penalties. In your civil case, the judge may award you punitive damages to reflect the illegal nature of the defendant’s behavior. Ultimately, these cases can be unpredictable, and you will need a seasoned Tucson personal injury attorney to help you make clearer sense of your unique situation.

Recovering From a Motor Vehicle Accident With a Personal Injury Claim

Throughout the United States, motor vehicle crashes are a leading cause of personal injuries each year. It’s possible for any car, truck, or motorcycle accident to cause grievous injuries to those involved, and each state upholds different rules for resolving vehicle accident claims. In Arizona, the fault rule applies, so whoever caused an accident absorbs liability for the resulting damages.

State law requires every driver to have auto insurance, and this insurance must provide coverage for bodily injuries and property losses inflicted by the policyholder. When another driver causes an accident with you, you have the right to file a claim against their auto insurance policy to seek compensation for your losses. Your Tucson personal injury attorney will be invaluable for this process, helping you to secure compensation for the losses you suffered from the insurance company.

Unfortunately, dealing with insurance companies is often difficult as they have no incentive to pay out on claims and tend to look for any justification they can find to deny claims. Your Tucson personal injury attorney can help to compel the insurance company to handle your claim efficiently and in good faith. If any disputes arise with your claim, your attorney can help resolve these issues and secure the insurance claim settlement you legally deserve.

After you recover as much as you can through the insurance claim process, any losses the at-fault driver’s insurance cannot repay can be recovered from a personal injury claim. An experienced attorney will assist you in calculating the full scope of the damages you can seek from the defendant, filing your complaint with the local court, and preparing you for the legal proceedings ahead.

Understanding Premises Liability Claims Under the State’s Personal Injury Laws

Many personal injury claims arise from premises liability disputes in Tucson. Under state law, a private property owner is legally required to ensure that their property is free from foreseeable hazards that may cause harm to lawful visitors. The distinction between a lawful visitor and a trespasser is important. Anyone who does not have permission to enter a private property cannot sue the property owner if they suffer a slip and fall or similar injury. The premises liability laws only protect those with the property owner’s express or implied permission to enter the property.

Unmarked wet floors, broken staircases, damaged light fixtures that inhibit visibility, cluttered walking paths, and various other hazards can all potentially result in a premises liability claim in Tucson. The issue of foreseeability will commonly arise in these claims. If the hazard that caused the injury in question was something the property owner reasonably should have recognized and addressed, this would likely form the basis of a premises liability claim.

Filing a Dog Bite Claim in Tucson

Dogs are popular pets in the Tucson area and across the United States. While most people regularly have positive and enjoyable experiences with dogs, others are not so fortunate. Some dogs are capable of inflicting traumatic and damaging injuries unexpectedly, even those that have no known history of aggression. Each state has different laws pertaining to dog owner liability when their pets cause injuries, and the state upholds the strict liability rule.

Under the strict liability rule, it does not matter whether a dog has any history of prior bites or aggression toward people. If a dog injures someone else, the dog owner is liable for all resulting damages. For strict liability to apply, the victim must not have provoked the attack in any way, and they must have been legally present at the location of the attack. If someone breaks into another person’s home and the owner’s dog attacks them, this will negate strict liability, as would an individual attacking a dog or the dog’s owner, as the dog would have a natural tendency to bite in self-defense or in defense of its owner.

Nursing Home Negligence and Elder Abuse Claims

Thousands of Tucson residents trust local nursing homes to provide daily care to their elderly loved ones. While most of these establishments and their employees fulfill their professional obligations to their residents and provide safe and effective daily care, some do not. Whenever nursing home negligence or abuse results in a personal injury, the victim has the right to file a civil claim against the at-fault party. In the event any nursing home injury results from intentional misconduct, the party responsible is likely to face criminal charges.

A nursing home negligence case could involve failure to address a resident’s known medical issues, failure to prevent bedsores by repositioning the resident on a regular basis, or failure to manage the resident’s medication schedule. If abuse or intentional misconduct of any kind causes injury, the victim’s family should prepare to participate in a criminal case against the defendant. In most nursing home abuse cases, both the individual responsible for the abuse in question and their employer can face penalties for the incident as well as the damages suffered by the victim and their family.

Recovery From Construction and Other Workplace Injuries in Tucson

Many people living in Tucson work in potentially dangerous industries like construction and manufacturing, but it’s possible for workplace injuries to occur in many seemingly safe work environments as well. If you or a family member suffered a personal injury at work, workers’ compensation benefits are likely to be your first available option for recovering compensation for resulting damages.

Filing a workers’ compensation claim is similar to filing any other type of insurance claim but with an additional layer of complexity in the form of the employer’s involvement. If successful with their claim, an injured worker can receive compensation for all the medical care they require as well as compensation for lost wages during their recovery. However, workers’ compensation benefits may not cover all of their losses; it is also possible for them to face additional complications in the form of disputes against their claim or retaliation from their employers.

If you were injured at work due to the actions of a specific party, a Tucson personal injury attorney can help determine the optimal path to securing the compensation you need to recover. If you caused your own injury while working, this might not necessarily disqualify you from claiming workers’ compensation benefits, but this could be your only means of recovery. However, if a specific party caused your injury, especially one outside of your workplace, this could form grounds for a third-party personal injury claim that could help recover compensation for the damages that workers’ compensation benefits do not address.

Understanding Catastrophic Injury Claims in Tucson

A personal injury can qualify as catastrophic when it causes permanent harm to the victim. Spinal cord injuries, traumatic brain injuries, severe burns, and injuries that severely damage internal organs are just a few examples of catastrophic injuries. Any injury that causes a permanent disability qualifies as a catastrophic injury, and the defendant responsible for such an injury can face extensive financial liability for the victim’s damages.

Your Tucson personal injury attorney will be an invaluable asset when it comes to proving the full scope of the damages your catastrophic injury claim entails. Most people who sustain catastrophic injuries face not only expensive immediate and ongoing medical expenses but also diminished quality of life, inability to work, and severe physical pain, psychological trauma, and emotional distress from these life-changing injuries.

Regardless of the severity of the personal injury you suffered, it is crucial to know the value of legal counsel you can trust and the scope of damages you could potentially secure from the defendant with your attorney’s assistance. State law allows the plaintiff of a personal injury case to seek full accountability for the whole spectrum of losses they suffered because of a defendant’s actions. Working with a seasoned Tucson personal injury attorney is one of the most effective ways to ensure you receive the compensation you legally deserve for your damages.

Claiming Compensation for Your Medical Expenses in a Personal Injury Case

The main purpose of a personal injury claim is for the victim to recover the compensation they need to become as whole as possible again after suffering the effects of another party’s negligence or intentional misconduct. When a personal injury claim involves physical injuries, the plaintiff has the right to claim compensation for both immediate and future medical expenses they face for treating their injuries.

Under Arizona law, the defendant who caused the personal injury in question must repay all of the plaintiff’s medical expenses. These may include hospital bills, ambulance fees, and the cost of all future rehabilitative care the plaintiff requires to reach maximum medical improvement. Your Tucson personal injury attorney will assist you in gathering any documentation you will need to produce to prove the full extent of the medical care you are going to require to reach maximum recovery.

Proving Lost Income Resulting From a Personal Injury in Tucson

Many people who suffer personal injuries in Tucson are unable to work while they recover, or they may be unable to earn as much income as they did prior to their injury. In either case, the plaintiff has the right to seek compensation for lost income from the defendant who caused the injury. This includes the wages they lose immediately following the injury, as well as those they face in the future.

Calculating immediate lost income is relatively straightforward, and the average personal injury plaintiff should be able to assess these losses on their own. However, when a personal injury has permanently impacted their earning capacity, calculating lost future income is likely to be far more challenging.

Your Tucson personal injury attorney can help calculate the future income you are no longer able to earn because of your injury. If the defendant left you permanently disabled, your attorney can calculate how much you would have reasonably expected to earn until retirement, adjusting for inflation, and add these projected losses to your claim. If you are able to handle lower-paying work, they can assist you in proving how much the defendant owes to make up the difference in your earning power.

Claiming Property Losses in Your Personal Injury Case

Many personal injuries result in property damage along with physical injury to plaintiffs. When a defendant has damaged or destroyed your personal property, they are liable for the cost of repairing or replacing that property. This may include your home, a vehicle, or personal belongings lost in the incident in question.

Property damage is typically straightforward and repaid in full by the defendant. If an insurance claim is an initial recovery option in your case, this may cover some or all of your property losses, but any remainder that you cannot recover through insurance can be added as an economic loss in your personal injury suit.

How to Calculate Pain and Suffering in a Tucson Personal Injury Claim

An experienced Tucson personal injury attorney will be an invaluable asset when it comes to calculating the full range of immediate and future economic damages you can claim from the defendant who injured you, but this may not be the end of your recovery. State law also permits a plaintiff to claim compensation for their pain and suffering. This may sound like it would be challenging to translate into monetary figures, but there are several methods that personal injury attorneys can use to determine suitable pain and suffering compensation for their clients.

If a plaintiff suffered injuries that will heal completely in the near future, their attorney is likely to seek compensation on a per diem basis. This awards compensation for each day the victim spends recovering from their injury. Alternatively, when a personal injury has permanently harmed the victim and inflicted disability, their attorney is more likely to seek a large lump sum using a multiplier. The attorney will add the total of their client’s economic damages and multiply this amount by one to five to reflect the severity of the plaintiff’s condition.

The state does not cap or limit pain and suffering compensation for personal injury plaintiffs. The amount sought by the plaintiff must be reasonable in light of the severity of their condition following the accident, and an experienced Tucson personal injury attorney is the most effective asset you can have on your side if you wish to maximize this aspect of your recovery.

Other Factors That Can Affect Your Compensation in a Personal Injury Suit

Every personal injury claim is unique, and each plaintiff will face different challenges and opportunities as they seek compensation for the losses they suffered. It’s possible for the nature and severity of the defendant’s behavior to lead to additional compensation for the plaintiff in the form of restitution awarded by a criminal court judge or punitive damages awarded in their civil case.

It is also possible for the plaintiff’s recovery to be diminished by the partial liability they hold for causing the damages in question. Arizona enforces the pure comparative fault rule for civil suits, meaning that all parties that bear liability for the damages cited in a personal injury claim will be assigned fault percentages that indicate their fault for causing the damages in question. It’s possible for a plaintiff to absorb fault if they are partially responsible for causing their personal injury.

When the state’s pure comparative fault rule applies to a personal injury case, and the plaintiff receives a fault percentage, this percentage is then deducted from their final case award, and they keep the remainder. For example, if a plaintiff is suing a defendant for $500,000 but an investigation shows that the plaintiff is 25% liable for the personal injury in question, this would mean the plaintiff loses $125,000 or 25% of the damages claimed from the defendant.

Under the pure comparative fault rule, there is no fault percentage that would ban the plaintiff from recovering the remainder of their damages. Many states enforce a modified comparative negligence law that bars plaintiff recovery at 50% fault or more, but this doesn’t apply in Arizona. It is technically possible for the plaintiff to be 99% at fault yet still recover the remaining 1% of their claimed losses. However, the higher the plaintiff’s fault percentage, the more vulnerable they will be to a countersuit from the defendant.

How Your Tucson Personal Injury Attorney Can Resolve Your Case

Every personal injury claim filed in Tucson is unique, and each plaintiff will face different legal challenges as they seek compensation for their losses. However, one constant that applies to every personal injury claim is the value of reliable legal counsel. Any plaintiff not only has a better chance of succeeding with their case but also of maximizing their recovery when they have experienced legal representation on their side.

When you select the Bleaman Law Firm, PC, as your legal representation in a personal injury case, you are investing in decades of professional legal experience and responsive support as you navigate your recovery. Our team has successfully helped many past clients maximize their compensation for their personal injuries, and we are ready to apply this experience to your case. As soon as you connect with our firm, we will get to work gathering any evidence and witness testimony needed to prove liability for your damages.

Our goal in every personal injury claim we accept is to help our client maximize their recovery to the fullest extent possible under state law. Your legal team will assist you in accurately calculating all of the economic damages you suffered from the defendant, both immediate and long-term. We will also assist you in determining a fair amount of pain and suffering compensation to claim from the defendant that reasonably reflects the severity of your condition following the injury and the long-term or permanent effects you will face.

Most of the personal injury cases filed in Tucson each year end with privately negotiated settlements. During the settlement negotiation process, the parties involved in the case meet privately to discuss terms for resolving the claim while avoiding the time and expense required of litigation. As long as the parties are willing to engage in constructive negotiations, it may only take a few weeks to settle the case.

However, it is possible for a settlement to fail for many reasons. The defendant may not accept responsibility for the plaintiff’s damages or dispute the amount of compensation sought by the plaintiff, or the plaintiff may disagree with an intransigent defendant’s settlement offer. In the event that settlement fails for any reason, or either party refuses to engage in settlement negotiations, the case must proceed to litigation.

Litigation is a lengthy, demanding, and ultimately expensive process. The two parties will present their evidence and submit pretrial motions, and once the discovery process concludes, the judge will begin evaluating the facts of the case. When a personal injury case proceeds to litigation, the judge has the final say on all aspects of the case, including the liability each party holds for the damages in question and the amount of compensation the plaintiff may claim from the defendant.

The Bleaman Law Firm, PC, will seek to settle your personal injury claim in Tucson as swiftly as we can when settlement is possible, but we are fully prepared to provide litigation counsel if necessary. Our team has years of professional experience with all types of personal injury cases, and we are ready to apply this experience to your recovery. The sooner you reach out to our team for assistance, the sooner we can start guiding you to the recovery you legally deserve.

FAQs

Q: How Do I Prove Liability for My Personal Injury?

A: Every plaintiff will face unique challenges when it comes to proving liability for their personal injury in Tucson. Success with your unique case may entail physical evidence from the location where your injury occurred, statements from the witnesses who saw the injury happen in real time, and even input from expert witnesses who can explain the complex details of the incident in question. Your Tucson personal injury attorney will help develop an individualized strategy to succeed with your claim.

Q: Will a Defendant Face Jail Time for Causing a Personal Injury?

A: The defendant who caused your personal injury is liable for all of the damages you suffered because of their actions, but they could also face criminal charges depending on how they caused your injury. If you were harmed by any act of illegal misconduct, the defendant could face fines, jail time, and a host of other penalties based on the severity of their actions. Your Tucson personal injury attorney can advise you as to how the illegal nature of the defendant’s actions may influence your recovery and the final amount of compensation you obtain.

Q: What Happens If More Than One Party Is Responsible for My Personal Injury in Tucson?

A: Arizona’s pure comparative fault rule requires liability for the damages in a civil suit to be divided among all the parties sharing fault for causing those damages. For example, if more than one defendant is responsible for the damages you suffered, the judge overseeing your case will assign each defendant a percentage of fault. If one defendant is 60% at fault and the other is 40% at fault, they will respectively owe 60% and 40% of your claimed damages. Fault can also fall to a plaintiff under the pure comparative negligence rule, and their fault percentage is deducted from their final case award.

Q: How Long Do I Have to File a Personal Injury Claim?

A: The state’s statute of limitations for personal injury claims is two years, starting on the date an injury occurs. This means you need to file your claim within two years of the date of your injury; otherwise, you will lose your right to claim compensation from the defendant. In the event the cause of your personal injury can’t be immediately determined, the statute of limitations might toll or delay until you discover the exact cause of your damages.

Q: How Much Is My Personal Injury Claim Worth?

A: It’s natural to wonder how much compensation you might win if you succeed with your personal injury claim. Under Arizona law, the defendant is liable for all of the economic damages they inflicted on you as well as the pain and suffering caused by the injury in question. Your Tucson personal injury attorney can help you explore every channel of compensation available to you to maximize your claim, including anticipated future losses that have not yet manifested.

Q: How Long Will It Take to Resolve My Personal Injury Claim in Tucson?

A: When you have an experienced Tucson personal injury attorney representing your case, and you have all of the evidence needed to firmly prove liability for your damages, it is possible to settle your case within a few weeks. It benefits both parties in a personal injury case to seek a swift settlement, which allows them to save time and money they would otherwise spend on lengthy litigation. However, litigation may be unavoidable if the defendant refuses to accept liability or contests the amount of compensation sought by the plaintiff. Litigation can potentially take several months to resolve, and the final outcome rests entirely in the hands of the judge.

Q: How Much Does It Cost to Hire a Tucson Personal Injury Attorney?

A: When you have the Bleaman Law Firm, PC, to represent your personal injury case in Tucson, there is no need to worry about the cost of your legal expenses. We take personal injury clients on a contingency fee basis, so there is no upfront fee to hire our firm. Additionally, you will not pay legal fees during your case proceedings and will owe nothing at all if we are unable to secure compensation on your behalf for any reason. We will only take a fee after we win your case, and our fee will be a percentage of your total case award.

Q: What Can I Expect At A Free Initial, No-obligation Consultation?

A: If you or a loved one has been the victim of an accident that led to a personal injury, our lawyers are here to help.

During our time together, we will ask you important details regarding your accident and the injuries you suffered. This is done to determine the merits of your case and to determine if you are entitled to file a personal injury lawsuit to seek the full amount of compensation you deserve. During this time, your legal rights will be explained to you. This time is also an opportunity for you to get answers to any questions you have regarding your case or our law firm.

If you have a solid case and you are interested in working with us, we will help you obtain all the documents and evidence you need to build a solid foundation for your case. These include, but are not limited to, police reports, photographs, loss wage information, contacting witnesses, collecting evidence, as well as gathering medical evidence and billing statements.

We will be your advocate and negotiate with the insurance companies on your behalf, file the necessary demands and lawsuits and keep you informed so you may make informed decisions regarding settlement offers or continuing litigation.

Q: My Insurance Company Wants To Settle My Claim. What Should I Do?

A: Keep in mind that unfortunately, the goal of insurance companies is to pay you as little as possible.

With over 20 years of legal experience working on the other side in insurance defense and personal injury claims, we have the expertise to evaluate the offer and can assess if you are getting fair compensation. At Bleaman Law Firm, we worked on thousands of cases and have the experience needed to take cases to a jury to be sure insurance companies do not take advantage of our clients.

Mr. Bleaman is a member of the American Board of Trial Advocates (ABOTA) whose membership is limited to experienced trial attorneys and has an AV rating for Martindale Hubble, their highest rating given to attorneys bases upon peer reviews and rating.

Q: Can I Handle My Own Personal Injury Case?

A: During our free initial, no-obligation consultation we can determine what your legal rights are and what is in your best interest. If it appears that it is in your best interest for you to handle your case on your own, we will give you that advice.

Some small claims can be settled without filing a lawsuit and with little risk. At Bleaman Law Firm, we value integrity and honesty and we promise to do what’s best for you. Our practice is built on referrals from satisfied clients and our intention is to serve you in the best way possible, even if this means telling you that you can handle this yourself.

The Bleaman Law Firm, PC, offers compassionate, responsive, and meticulous legal counsel to victims of all types of personal injuries in the Tucson area. We know how challenging it can be to face a complex array of damages and the frustration of knowing those damages resulted from another party’s negligence or misconduct.

We can help hold them accountable and secure the compensation you need to recover with confidence. If you are ready to speak with an experienced Tucson personal injury attorney about your options, contact us today and schedule a free consultation with our team.