What makes a personal injury lawsuit legitimate? In a personal injury case, the two main factors to consider are: Injuries and Responsibility (or Fault). Are There Injuries? If a person isn’t injured, there is no remedy. This may seem silly to state, but some people have felt that by simply finding a bug in their food (as an example), that they can sue. While a bug in your food may be gross, it is not a legitimate basis for a lawsuit. Injuries, however can include a number of definitions, which is why speaking to a personal injury lawyer is a good idea to gauge whether or not you have a legitimate case. Injuries can include physical, emotional pain and suffering (including that of family members), loss of wages, wrongful death and, in rare cases, punitive damages. Physical Injures include those which have caused pain such as broken bones, sprains, strains, bruising or lacerations, burns or physical symptoms that would not be present had the trauma not occurred. Emotional Injuries include experiencing PTSD or other psychological conditions as a result of the injury event. It can also include pain and suffering which is the effect of the loss on your emotional state, such as in the case of ongoing chronic pain. Loss of companionship is an emotional injury caused to your loved ones if you are significantly injured or incapacitated in a way that takes a toll on them. Loss of Wages includes both loss while recovering, as well as the impact on future wages if you will now be required to work a different career or have limited advancement opportunities due to your injuries. Wrongful Death is when the injured party’s family brings a lawsuit because the trauma resulted in death. Punitive Damages are awarded in Arizona on a limited basis. They are meant as a punishment to the party who caused the injury with malice and intention. Who is at Fault? In order for a personal injury lawsuit to be valid, someone other than the victim must be found to be responsible for the injuries through intent or negligence. Again, this may seem silly, but if an injury occurs because the victim hurt themselves, there is no basis for a lawsuit. Slip and Fall lawsuits require that the injured party have a reasonable expectation of safety and take proper precautions, AND the person or business was truly neglectful in their role in the injury. In order for the business to be responsible, they either needed to know there was a hazardous situation and didn’t remedy it, or they caused the unsafe situation. Motor Vehicle accidents involve discovering of who was at fault and to what degree. Often police reports, and investigations are conducted to find who is responsible for the injuries. Medical Malpractice is when a medical professional fails to provide an expected standard of care and this action or non-action results in injuries or death. Dog Bites injuries are often placed on the owner of the dog, but investigations will be conducted to determine if the victim bears any responsibility in the attack. Other Injuries will be looked at on an individual basis, however, if you have been injured because of someone else’s actions, it is best to contact a lawyer to determine if you have a legitimate personal injury case. With over 20 years of experience, Simon Law Group would like to earn your trust as a local personal injury lawyer and support you in getting the money you need to take care of yourself (and/or loved ones) after an accident. Call 480-745-2450 today for your free consultation, and remember, Experience Matters!]]>