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Queen Creek Personal Injury Attorney

An injury can lead to enormous setbacks for a victim. Unfortunately, there are times when injury victims struggle to recover compensation after somebody else’s actions caused them harm. At Stone Rose Law, we are standing by to help when you need a skilled Queen Creek personal injury attorney by your side. If you or a loved one have been harmed due to the careless or negligent actions of somebody else, we will investigate your claim and work to secure full compensation for your losses.

Why Choose Stone Rose Law To Handle Your Injury Claim?

  • The personal injury lawyers at Stone Rose Law have significant experience helping injury victims throughout the state of Arizona.
  • We have a track record of success in securing significant settlements and verdicts on behalf of those who have been injured due to the actions of others.
  • We take Queen Creek injury cases on a contingency fee basis, which means our clients pay no upfront or out-of-pocket costs for their case. We only collect legal fees after we secure the compensation they deserve.

How Can a Queen Creek Personal Injury Lawyer Help?

Personal injury cases can become incredibly complicated, which is why you need to have an experienced injury attorney by your side to help you through this. A Queen Creek injury attorney will be able to use their resources to obtain any evidence needed to prove the liability. This includes gathering photo or video surveillance from the scene of the incident, speaking to eyewitnesses, obtaining company safety reports or employment records, researching the history of defective products, and more. This will often require that a lawyer works with the courts to obtain a subpoena to obtain the evidence.

In addition to obtaining evidence to help prove what happened, an attorney will handle negotiations with every other party involved, including aggressive insurance carriers and legal teams for the at-fault party. Your attorney will work to secure full compensation for your losses, and this may include taking your case all the way to trial if necessary.

Queen Creek Personal Injury Cases We Handle

The dedicated team of Queen Creek personal injury attorneys at Stone Rose Law has extensive experience handling a wide variety of personal injury cases throughout Queen Creek and Arizona. This includes the following:

In addition to injury cases, we also help family members who have lost a loved one due to the careless or negligent actions of somebody else handle their wrongful death claims.

Arizona Personal Injury Laws

For your personal injury claim in Queen Creek to succeed, you will need to properly navigate the laws that are pertinent to your case. Failing to fulfill all of the necessary legal requirements in bringing a lawsuit in Arizona could result in an invalid claim.

Certain laws may also change your legal options and affect the outcome of your case. The defendant may be able to use a state law to deny liability for your injury, for example. This is one of the many reasons it is important to hire a personal injury lawyer in Queen Creek to represent you; your attorney can navigate Arizona’s laws for you while you concentrate on recovering.

Arizona Comparative Negligence

One law that may be relevant to your injury case is Arizona’s comparative negligence law. This law holds that even if you contributed to your injuries, you could still recover some portion of financial compensation from the defendant. If you are found to be partially at fault, however, this will reduce your available financial recovery by an amount equivalent to your percentage of the blame.

Arizona uses a pure comparative negligence law, meaning there is no cap on the amount of fault a plaintiff can absorb and remain eligible for compensation. Even if the courts assign 99% of fault to you, you could still receive a monetary award. Modified comparative negligence laws, on the other hand, cap a plaintiff’s fault at 49% to 51%. Beyond this amount of fault, the courts will bar the plaintiff from recovery.

Damage Caps in Arizona

A damage cap places a maximum on the amount of compensation a plaintiff can receive for a certain type of accident or loss. Many states have damage caps that limit monetary recoveries. In Arizona, however, damage caps have been ruled unconstitutional for injured accident victims. There are currently no caps on damages in personal injury cases in Arizona.

What Is the Statute of Limitations on Queen Creek Personal Injury Claims?

It is crucial for injury victims in Queen Creek, Arizona, to understand that they have a limited amount of time to file a lawsuit against the alleged negligent party in their case. The personal injury statute of limitations places a strict deadline on all civil claims. If you miss this deadline as the filing party, the courts in Queen Creek will most likely refuse to hear your case.

The Arizona personal injury statute of limitations is two years from the date the injury occurred. This means that injury victims have a two-year window with which to file a claim, or they will lose the ability to recover the compensation they are entitled to. If you do not file within two years, the courts may bar you from recovery. For the most part, the deadline starts on the date the accident took place. There are, however, several exceptions to the rule.

Exceptions to the Arizona Personal Injury Statute of Limitations

Exceptions to the statute of limitations in Arizona are rare; if you qualify for one, however, you may have longer than two years to file. Before you assume you have missed your deadline, speak to a Queen Creek injury attorney to find out if an exception applies:

  • Discovery. One of the most common exceptions is the discovery rule. This rule states that if you experience a hidden or delayed injury in an accident, you have two years from the date you discovered or reasonably should have discovered the injury to file.
  • Minors. If the injured accident victim was under the age of 18 at the time of the accident, Arizona will pause the clock until the victim turns 18. A minor has until his or her 20th birthday to file a personal injury claim in Arizona.
  • Unsound mind. An exception also applies to a plaintiff who was of unsound mind at the time of the accident. This type of plaintiff has two years from the date the mental incapacity was removed to file.
  • Wrongful death. Finally, if you are filing a wrongful death claim, you will have two years from the date of death, not the date of the accident, to file. This could extend your deadline by days, weeks or even months depending on your case.

It is also important to note that you may have less than two years to file if you are bringing a claim against the government in Arizona. These tort claims have shorter deadlines; typically, you will only have 180 days from the date of injury to submit your claim to the at-fault agency in writing.

How to Prove Negligence

Negligence is at the center of most personal injury cases in Queen Creek. Negligence is any careless act that causes harm to others. If negligence causes an injury, the defendant is financially liable for the incident. It is the plaintiff’s burden, however, to prove negligence. Proving negligence takes establishing four elements (the four Ds) as more likely to be true than not true:

  1. Duty of care. The defendant owed the plaintiff a duty of care, or a legal obligation to act in a reasonable manner.
  2. Dereliction of duty. The defendant committed a dereliction of the duty of care, meaning he or she acted outside of the accepted standards.
  3. Direct cause. The defendant’s dereliction was the direct cause of the accident and injury in question. The injury would not have happened but for the defendant’s negligence.
  4. Damages. The plaintiff suffered specific, compensable losses in the accident that entitle him or her to seek financial compensation.

Proving negligence in an injury claim takes enough evidence to convince a jury that the defendant is more likely to be responsible for the accident than not responsible. An injury attorney in Queen Creek can help you meet this burden of proof by investigating your accident thoroughly, returning to the scene and collecting evidence of the defendant’s negligence on your behalf.

How Much Is Your Personal Injury Case Worth?

It is important to recognize the true value of your personal injury claim in Queen Creek. Otherwise, you may accept less than you deserve from an insurance company. An injury attorney from Stone Rose Law can review your case and give it a proper evaluation. Although each case and client are unique, you could be eligible for the following damages under Arizona law:

  • Past and future medical expenses
  • Disability costs
  • Property damage repairs
  • Lost wages and capacity to earn
  • Out-of-pocket expenses
  • Household expenses
  • Travel costs
  • Legal fees
  • Pain and suffering
  • Emotional injuries
  • Loss of consortium
  • Lost quality of life
  • Punitive damages

The types of damages you can list in your injury claim will depend on how the injury and accident have impacted your life. For the most part, if you have serious or catastrophic injuries, will be eligible for greater compensation than with a minor injury. Our Queen Creek personal injury lawyers can help you list all of your past and future losses and fight for maximum compensation.

How Much Does a Personal Injury Lawyer Cost?

After an accident in Queen Creek, AZ, it can be difficult to think about spending money on a personal injury attorney. You may already be struggling with cost management while facing expensive medical bills, lost wages, and property repairs.

Hiring a Queen Creek personal injury lawyer, however, can be well worth the costs – especially if you retain an attorney who operates on a contingency fee basis. This means the lawyer does not charge any fees unless he or she wins your case. With a contingency fee payment arrangement, you will not have to pay your attorney anything upfront. You will only pay if and when your lawyer secures financial compensation on your behalf.

If the lawyer is successful, he or she will assess attorney’s fees as a percentage of the settlement or jury verdict won. This percentage will be predetermined before the lawyer starts to work on your case. If the lawyer is not successful, you won’t pay a dime in fees. This arrangement allows all injured accident victims in Arizona access to high-quality legal representation.

What to Do After a Personal Injury in Arizona

  1. Report your accident. Telling someone about your accident puts it on the official record, giving you evidence to support an insurance claim. Notify the appropriate authority based on your type of case; for example, after a car accident, call the police.
  2. Gather evidence. Before you leave the scene of your accident, collect information and evidence. Take pictures and videos, write down the names of eyewitnesses, swap information with those involved, and record your version of events, if possible.
  3. Go to a hospital. Seek medical help right away for your injuries. Even if you feel fine, see a doctor in case you have hidden or delayed injuries. An insurance company will check to see how long you waited before seeing a doctor.
  4. File an insurance claim. If you know who caused your accident, file a claim with that party’s insurance provider. Before you negotiate with an insurance claims adjuster, however, discuss your injury case with an attorney.
  5. Contact a personal injury lawyer in Queen Creek. You can trust the advice and assistance you receive from an attorney. An attorney can help you file your injury claim with the correct civil courts, negotiate with an insurance company or take a defendant to trial, if necessary.

Contact a Top-Rated Personal Injury Attorney in Queen Creek, AZ

If you or somebody you care about has been injured due to the careless or negligent actions of another individual, business, or entity in Queen Creek, AZ, turn to Stone Rose Law for help with your case today. We will use our resources and legal experience to investigate every aspect of your case, help prove liability, and work to secure full compensation for your losses. When you need an experienced Queen Creek personal injury attorney, you can contact us online for a free consultation of your case or by calling our local law office at (480) 498-8998.