While there are no guarantees in life, knowing the most common personal injury cases in Arizona can help residents understand the risks of these injuries, and can also help them take steps to avoid putting themselves in dangerous situations. Personal injury law claims are defined as claims in which people who are injured by the negligent act of another party seek compensation for actual damages, as well as pain and suffering. With that in mind, here are three of the most common personal injury cases in Arizona.
Auto Crashes Are One of the Most Common Personal Injury Cases
As in many states, auto accidents rank as one of the most common personal injury cases in Arizona. The reason is that car crashes can cause a variety of injuries such as whiplash, broken bones, traumatic brain injuries (TBIs) and spinal cord injuries that lead to paralysis.
The chances of an injury in a car accident are high, even if the car that caused the crash is moving at a slow speed. That’s because, depending on the direction of the impact and the position of the car’s occupants, the way your body reacts to the impact can actually magnify the effects of that impact.
And that’s especially true in truck accidents, which – like auto accidents – have been on the rise over the past few years. Truck crashes are usually much more devastating than auto crashes because of the increase in size, mass and length of these commercial vehicles. A large truck, even moving at a slow speed, generates tremendous momentum and can cause serious injury.
Wrongful death claims are another type of personal injury, and they are often fraught with emotion. When an individual has died as the result of another party’s negligence, misconduct, or intentional act, our state law provides that his/her survivors can bring a claim for wrongful death damages.
Often, wrongful death claims are part of an auto accident claim; plaintiffs can file suit against drivers who caused an accident that resulted in the death of another. Other common types of wrongful death claims include workplace accidents that cause a fatality, boating accidents that result in death, and the willful taking of another person’s life. The civil suit against former NFL running back OJ Simpson is a famous example of such a wrongful death claim. The plaintiffs in that action argued that Mr. Simpson willfully took the lives of his ex-wife and another individual, and thus was civilly liable for the losses suffered by their families.
Medical malpractice claims are filed against doctors, surgeons, or healthcare institutions like hospitals who, through negligence, fail to provide appropriate medical care, resulting in injury to the patient. If a physician or facility falls below the standard of care for the type of medical services needed or provided, they can be sued for medical negligence, or medical malpractice. All health professionals must exercise reasonable care in discharging their medical duties, adhere to the applicable standard of care, and not cause injury to a patient. The plaintiff must be able to prove the existence of a doctor/patient relationship, that the doctor or medical provider did not meet the standard of care, and that this failure directly caused an injury
Common examples of this sort of claim might be a surgeon who leaves a medical instrument inside a patient after surgery, or a doctor who fails to diagnosis an illness, ultimately causing the patient physical and mental harm.
Why You Need An Advocate For Common Personal Injury Claims
While these may be three of the most common personal injury claims in Arizona, you should understand that there is nothing common about how to pursue and win these claims. Legal actions present many challenges and only an experienced and successful personal injury law firm can provide you with the expertise necessary to win a settlement or to prevail at trial. If you have a personal injury claim, please contact Miller Weber Kory at 602-648-4045 for a free legal consultation.