What Is Considered a Personal Injury?
When someone is responsible for injuring you, they should be held accountable. However, not all accidents have grounds for a personal injury case. At Van Norman Law, our expert team can determine whether or not you have a viable personal injury case. Read on to find out what is considered a personal injury in Arizona.
What Is a Personal Injury Case?
In most cases, a personal injury is the result of someone else’s negligence. You may have a personal injury case if someone breached a duty of care, which led to physical harm. However, you must be able to prove that a duty was owed to you and that the defendant violated that duty. You must also prove that it was the breach of that duty that specifically caused your injury.
In some instances, injuries from an assault or other crime can also qualify as a personal injury case. In these cases, the perpetrator can still be held liable for the injury even if they aren’t convicted of a crime.
Here are a few examples of personal injury cases:
- Your doctor makes a mistake during surgery that causes health complications
- You slip and fall at work due to unsafe working conditions and are hurt
- A defective toy malfunctions and harms your child
- An intoxicated driver crashes into your car, causing an injury
Five Common Types of Personal Injury Cases
1: Auto Accidents
Car, truck, and motorcycle accidents kill hundreds of Arizona residents each year. Auto accidents also result in debilitating injuries as well as injuries that may seem minor but cause lifelong damage. If another driver was responsible for the accident that caused your injuries, you could be entitled to compensation that will help cover the cost of your medical bills.
Other types of auto-related personal injury cases include:
- Pedestrian accidents
- Distracted or drunk driving
- Hit and runs
- Cyclist accidents
- Public transport or rideshare accidents
2: Medical Malpractice
Although there are risks associated with all major medical procedures, your doctor must provide a high level of skill and care no matter the treatment. If your doctor violates this duty of care, you could have a personal injury case.
A misdiagnosis, delayed diagnosis, unsanitary conditions, and negligence can all be considered medical malpractice. In a medical malpractice case, the hospital can also be held liable, whether your injuries resulted from a mistake by a doctor or nurse, or from unsafe or unsanitary conditions in the hospital itself.
3: Slip and Fall Accidents
Whether it occurs at your job or at another place of business, a slip and fall accident can cause serious injury. If the property owner failed to keep their premises safe and hazard-free, you could be entitled to compensation.
One example of when a property owner is at fault for an injury is if they did not salt the walkways outside their property in winter and you slip on ice. They are also at fault if they failed to clean up or place signage near a spill that caused you to slip.
4: Dog Bite Incidents
In Arizona, dog owners are strictly liable for dog bite injuries. That means you could have a personal injury case even if the dog has never bitten anyone before or shown any previous signs of aggression. Arizona’s dog bite laws only apply to injuries caused by a dog bite, however, and not to any other harm caused by a dog (such as scratches or being knocked down).
5: Product Liability
Defective products, such as phones that explode, can lead to serious injuries and even death. If a product has a design, manufacturing, or warning defect that caused injury, you could have grounds for a product liability type of personal injury case.
Examples of defective products include:
- A toy intended for young children that has small, detachable parts that are a choking hazard
- Products with missing parts that make it unsafe
- A product that doesn’t have a warning label stating how to use it properly to avoid injury
Is There a Statute of Limitations on Personal Injury Cases in Arizona?
In Arizona, you have up to two years to file a personal injury claim. The statute of limitations time limit starts from the date of the accident in most cases. In some situations, the time limit could start from the date you discover a hidden injury that resulted from the accident. However, you must be able to prove that the hidden injury was a direct result of the accident.
Personal Injury Lawyer in Scottsdale
Were you or a loved one injured in an accident? Are you facing expensive medical bills? The personal injury lawyers at Van Norman Law in Arizona can help. If someone else is responsible for your injury, we’ll work hard to get you the compensation you deserve. Call 480-481-0616 today to schedule your free consultation.
Images used under creative commons license – commercial use (6/2/2022). Image by ElasticComputeFarm from Pixabay