Zachar Law Blog

What if I can’t prove someone’s negligence caused my injury? Is there any other basis for personal injury liability besides negligence?

Generally, in Arizona, the law allows for a legal claim to be brought against one who does something wrong that results in injuries to another.

But, can harm occur without negligence? Under what circumstances?

There are only a few that come to mind:

1. Dog bite/attacks – In Arizona, you do not need to prove negligence if another person’s dog bites or attacks you. It is called “strict liability.”

Absent proof of trespass or provocation, if another’s dog bites you, they are legally liable. Period.

2. Sudden Emergency Illness – you are driving down the road and all of a sudden you are hit by another car. It is later discovered that the driver of the other vehicle suffered a medical emergency (heart attack, stroke, etc..) and for this reason lost control. Are they still liable for your injuries?

Arizona law would say no. It is because “legally liable” requires the element of “wrongdoing.” So ask yourself, what did they do wrong?

Now, if they knew they had a condition and knew it could occur at any time and they should not have been behind the wheel at all, then you certainly have your “wrongdoing.”

But if no warning, like a medical episode out of the clear blue, then the law would say: What did they do “wrong” and the answer would be “nothing.”

If that is the case, then the out of control driver would not be “legally liable.” Hence, injuries, but no negligence, and no recovery.

Bear in mind, these types of incidents do occur, but they are not the norm.

Do you have questions about your injury case? Call Zachar Law Firm for answers.

How do judges and juries determine a monetary amount in a personal injury claim?

Rarely if ever would a judge determine a monetary amount for a personal injury claim.  While a judge can act as the jury (i.e. the trier of fact), an overwhelming amount of attorneys representing injured clients request a jury (as do the person or entity that caused the injury).  More likely, the person or entity that would determine the amount of monetary compensation for a personal injury victim, would be an arbitrator or a jury, depending on the estimated monetary value of the claim from the outset.

A claim filed in an Arizona superior court requires the claimant to determine whether the claim is subject to arbitration or not subject to arbitration.  Claims with an estimated value of $50,000 or less would be subject to an arbitration while claims with an estimated value greater than $50,000 would be subject to trial, almost always a trial by jury.  An arbitrator in Arizona is a randomly selected attorney that has been practicing for five years or more. 

Regardless of whether the case goes to arbitration or trial, the factors that are relied upon in determining the monetary compensation for any given injured victim is the same.  A jury and an arbitrator must apply the law to the facts presented to them.

It is important to understand that an injured victim is compensated for his or her loss or damage in an amount to make the victim whole; i.e. an amount that places the victim in the position he or she was in prior to the injury sustained.  An arbitrator’s decision or a jury’s verdict may result in compensation to the victim (provided the victim is able to prove his or her case). 

The compensation received is not considered “gain” because the victim gained nothing and is merely being placed back in their pre-injury status.  Understanding this underlying principle is paramount when understanding the types of damages a victim may be entitled to in a personal injury lawsuit.

Under Arizona law, a victim of a personal injury is entitled to the full cost of his/her medical expenses, now and in the future, pain, discomfort, suffering, disability, disfigurement and anxiety already experienced and reasonably probable to be experienced in the future.  These victims are also entitled to recover for loss of earnings to date, any decrease in earning power or capacity in the future as well as the loss of enjoyment of life (the participation in life’s activities to the quality and extent normally enjoyed before the injury).  Depending on the nature and extent of the injury, a victim may be entitled to loss of credit, loss of consortium (love, affection, intimacy, etc.). 

The damages are specific to the losses actually suffered by the victim and are still subject to the rigors of proof and must be causally related to the conduct of the wrongdoer.  Any compensation determined by a judge or jury is entirely reliant upon these referenced factors and is not arbitrarily premised on a whim.

Do I need an attorney or should I try to handle my personal injury case on my own?

There are two questions here:

1. Do I need an attorney?
2. Should I try and handle my personal injury case on my own?

All injury cases are different.  All insurance companies are different, yet, all have the same two goals in a personal injury case:

1. Pay you nothing; or
2. Pay you as little as possible.

Every case is different, every insurance company adjuster is different and every insurance company is different.  But they all have these same two goals.

The main things to consider are:

          Do you know what information to provide to the adjuster?  Do you know what you should not give them?

          and

          Do you know what to say to the adjuster?  Do you know what you should never say?

It does not take much.  A wrong word, providing access to your medical file or too much information can kill your case. 

Please understand that.  No matter how valid or good your case might be, too much/wrong information can kill your case.

Do I need an attorney? 

At Zachar Law Firm, we provide injury victims a free consultation.  That means you can call or meet with us, get some information and get educated, then you can answer the above two questions for yourself.

Before you decide, get educated.  Call us.  We have been helping personal injury victims for more than 25 years.  It’s what we do.