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Tempe Personal Injury Attorney

Tempe Personal Injury Attorney

Most personal injuries in Tempe, Arizona are preventable. They occur most often when someone is negligent, reckless, or malicious. If someone else’s mistake or lapse in judgment caused your injuries or a loved one’s death, you may have grounds to file a civil claim against that person. A civil claim could provide justice for your family by holding the at-fault party accountable. It could result in financial compensation from the defendant.

David Shapiro Law, PLLC is a plaintiff’s personal injury law firm that represents clients in Tempe, Scottsdale, and surrounding cities. If you have been in an accident in Arizona and would like to discuss your injuries and legal rights with an attorney for free, contact us to schedule an initial consultation. David Shapiro is a trusted lawyer in Tempe with a long history of providing high-quality legal representation.

Why Choose Our Tempe Personal Injury Attorneys?

  • We have been providing aggressive, strategic, and custom-tailored representation to victims of personal injury accidents in Arizona for years. Our case results showcase some of our victories.
  • We take the time to get to know our clients so we understand their concerns and can respond to their needs. We believe in the strength and effectiveness of personalized legal services.
  • We do not wish to add to the financial duress of our clients. Our law firm takes all personal injury claims on a contingency fee basis, with no fees charged unless we win.

What Is Personal Injury Law?

Personal injury law gives injured people the right to pursue financial restitution (damages) for their losses from the party or parties that caused them. Personal injury law is a civil process, not criminal. It does not seek to charge the at-fault party with a crime or sentence him or her to jail. Instead, it is a system that makes accident victims whole again. A victim can generally recover compensation for damages if he or she can prove four main elements.

  1. Duty of care.
  2. Deviation from the duty of care.
  3. Direct cause of the plaintiff’s injuries.
  4. Damages inflicted by the breach.

If the courts find a defendant civilly liable for a plaintiff’s damages, that defendant will have to pay financial compensation to make up for the victim’s economic and noneconomic losses. These can include medical bills, lost wages, and pain and suffering. As the victim of any type of accident in Arizona, if you have injuries because of someone else’s negligence, you may have the right to recover money damages.

What Does a Plaintiff’s Attorney Do?

A plaintiff’s attorney represents the injured party, or victim, of a personal injury accident during a claim to damages. It is a licensed professional who gives the victim a voice during insurance claim negotiations or a personal injury lawsuit. Victims who hire personal injury lawyers for their claims in Arizona can benefit from the many services a lawyer provides.

  • Assistance with medical care
  • Accident investigation and reconstruction
  • Eyewitness interviewing
  • Data and evidence collection
  • Claim building and filing
  • Insurance settlement negotiations
  • Representation during a trial

Your attorney can accurately and honestly answer your questions during an otherwise confusing time. With a lawyer in your corner, you can spot insurance bad faith and combat these tactics to achieve the best possible case outcome. An attorney will fight for maximum compensation every step of the way on your behalf.

What Types of Cases Does David Shapiro Accept?

David Shapiro Law, PLLC is a full-service personal injury law firm with a variety of practice areas. Our practice areas are types of cases in which we have extensive knowledge, education, and experience. It is important to find a lawyer with a history specifically in the type of accident that injured you or killed a loved one. This will ensure your lawyer has the ability and resources to correctly handle your case. David Shapiro and his associates accept many different types of cases within the umbrella of personal injury law.

If you do not see your accident type here or wish to learn more about the cases we accept, call (480) 300-5405 to speak directly to one of our attorneys. We can listen to your story, advise you on your rights and let you know if we are the right fit for your personal injury claim. Our initial consultations are always 100% free, confidential, and come with no obligation to hire one of our lawyers.

Arizona Negligence Laws

If you think that personal injury cases are won and lost based on proving negligence, then you are mostly correct. However, the reality is that proving negligence is rarely a black and white issue. In some cases, it may be very clear that one party is 100% responsible for causing injuries to another party. However, there are times when fault is shared between multiple parties.

The good news is that injury victims in Arizona can still recover compensation even if they are partly responsible for the incident that caused their injuries. Arizona operates under a “pure comparative negligence” system. This means that an injury victim can recover compensation even if they are up to 99% at fault for the incident. This differs from how other states operate, where a person may only receive compensation if they are 50 or 51% or less responsible for the incident. In a few states around the country, injury victims cannot receive any compensation if they are found to be negligent in any way.

However, the total amount of compensation an Arizona injury victim receives will be reduced based on their percentage of fault. To demonstrate how this works, let us look at a hypothetical injury scenario:

  • Suppose Jimmy is rear-ended by Samantha and sustains a fairly significant spinal cord injury that causes $100,000 worth of medical bills. In this hypothetical, let us imagine that Jimmy files a personal injury lawsuit against Samantha to recover full compensation for his losses. However, during the trial, Samantha argues that one of Jimmy’s brake lights was out, and another was dim. In this case, it is very possible that a jury will find that both Jimmy and Samantha shared fault for the incident. Suppose for a moment that the jury determines that Jimmy was 30% responsible for the crash because of his faulty brake lights. Instead of receiving the full $100,000 for his medical bills, Jimmy would receive $70,000. This would be the full amount minus 30% that constitutes his portion of fault.

What Are the Most Common Types of Personal Injuries?

At David Shapiro Law, PLLC, our attorneys have experience helping clients who have sustained a wide range of injuries. This includes, but is not limited to, the following:

  • Spinal cord injuries with paralysis
  • Other severe back or neck injuries
  • Whiplash
  • Traumatic brain injuries
  • Concussions
  • Open head wounds
  • Lacerations or puncture wounds
  • Crush injuries or amputations
  • Internal organ damage
  • Internal bleeding
  • Broken or dislocated bones
  • Significant scarring and disfigurement

In addition to these acute traumatic injuries, our attorneys also help clients who have sustained significant emotional and psychological trauma as a result of an accident and their injuries. While emotional and psychological injuries may not be as visible as the injuries listed above, they nonetheless must be taken seriously. An injury victim could suffer from anxiety, fear, depression, anger, sleeplessness, and even post-traumatic stress disorder (PTSD). These injuries can lead to a person being unable to enjoy everyday activities and can prevent a person from working.

What Is My Injury Claim Worth?

The total amount of compensation awarded to an injury victim will vary depending on the facts and circumstances related to their particular situation. There is no way to accurately predict the amount an injury victim will ultimately be awarded before a case begins. There are various factors that go into how compensation is calculated. At David Shapiro Law, PLLC, we strive to ensure that our clients receive the economic and non-economic compensation they are entitled to.

  • Economic compensation. This refers to compensation that an injury victim receives for losses that are relatively easy to calculate. Most common types of economic compensation include:
    • Medical bills
    • Lost income
    • General out-of-pocket expenses
    • Property damage losses
  • Non-economic compensation. This refers to compensation that an injury victim receives that is a bit harder to calculate. Non-economic compensation is often referred to as “pain and suffering damages.” This can include an injury victim’s:
    • Physical pain and suffering
    • Emotional and psychological pain and suffering
    • Loss of enjoyment of life damages
    • Loss of consortium for a spouse

Calculating economic compensation can be done by obtaining an injury victim’s medical bills, tax returns, pay stubs, receipts, and more. However, calculating non-economic compensation will typically involve using a “multiplier method.” This means that the victim’s attorney will add up all of the economic expenses and then multiply the total by a set number (usually 1.5 to 5) to arrive at a fair non-economic compensation total.

For example, suppose an injury victim sustains $100,000 worth of medical expenses and lost wages as a result of an injury. To calculate the non-economic compensation for this victim, an attorney could use a multiplier of three to arrive at $300,000. In total, this means that the attorney and the injury victim will ask for $400,000 in compensation from the at-fault party.

How Much Does a Personal Injury Lawyer Cost?

If you or somebody you care about has been injured due to the actions of another individual, company, or entity, you may be worried about how you will afford an attorney. At David Shapiro Law, PLLC, our team is proud to take Tempe personal injury cases on a contingency fee basis. This means that our clients will pay no upfront or out-of-pocket costs for their injury case. We will only collect legal fees after we obtain the compensation that our clients deserve. In short, if we do not win the case, our clients do not pay a dime.

Steps to take following an injury

The aftermath of an injury can be confusing and chaotic. However, there are various steps that an injury victim can take right after an injury occurs as well as in the days and weeks following the incident to ensure the integrity of their injury claim or lawsuit.

  • Seek medical care. The first thing that any injury victim needs to do is seek medical assistance as soon as possible. Not only does this ensure the well being of the injury victim, but it also establishes a solid link between the incident and the injuries. Even if an injury seems minor or if there is no pain, it is crucial to let a doctor conduct an evaluation.
  • Report the injury. An injury needs to be reported as soon as possible. Who an injury gets reported to will vary depending on the situation. Car accidents need to be reported to law enforcement officials and insurance carriers. Injuries that occur on another person’s property need to be reported to the property owner. Workplace injuries need to be reported to an employer. There needs to be documentation that the injury was reported to the appropriate authorities.
  • Gather evidence. Injury victims or somebody they trust can work together evidence after an incident occurs. This can include using a phone or another device to take photos of any causes of the injury, damages to any vehicles, debris around an injury scene, and more. Additionally, the names and contact information of any eyewitnesses to the injury should be written down. Eyewitness testimony could be valuable for an insurance carrier or during a personal injury lawsuit.
  • Continue all medical care. Injury victims must continue all medical care recommended by their doctor. If an injury victim discontinues medical care before they have reached maximum medical improvement, this could be used as evidence by insurance carriers or at-fault parties who may claim that the injuries are not as bad as reported.
  • Keep a journal. We strongly recommend that injury victims keep a journal that documents everything that has happened to them after the injury occurred. This can include information about how the injury happened and all medical care they have received. Additionally, we like our clients to notate their daily level of pain and suffering as a result of their injuries, including physical pain, how they feel emotionally, and whether or not the injury has prevented them from enjoying daily life activities.
  • Work with a skilled attorney. Finally, it is crucial that an injury victim works with a skilled personal injury attorney as soon as possible. The sooner an attorney can get involved, the better.

How Do You File a Claim in Arizona?

If you have injuries and believe someone else to be legally responsible, work with a lawyer to file a claim to damages. You must first identify the defendant: the party you are claiming caused your injuries or damages. Then, you will need to visit the civil courthouse in the county where the accident happened or where the defendant resides to obtain the correct filing documents. A lawyer can help you determine the defendant and fill out legal paperwork.

You have a maximum of two years to bring a personal injury cause of action in the State of Arizona. Two years is the state’s statute of limitations on all personal injury claims. If you are filing a wrongful death lawsuit, your family has two years from the date of death to file the paperwork. If you do not meet your two-year deadline, you will most likely forfeit the right to seek financial compensation for your damages. Do not delay in seeking advice or assistance from a personal injury attorney after a serious accident in Arizona.

Build your claim by collecting as much information about the accident and your injuries as you can, starting the day of your accident, if possible. Take pictures of the scene of the accident and keep all related medical documents and records. Report the accident to someone, such as the police or a property manager. All of this information can serve as the foundation of your personal injury suit against one or more defendants in Tempe. Then, contact an attorney to help you with the rest of the claims process.

Contact a Tempe Personal Injury Lawyer Today | Free Consultations

At David Shapiro Law, PLLC, we are passionate about bringing negligent parties to justice and achieving the results our clients need to move forward. Do not delay. Contact us immediately after a serious accident in Tempe, Arizona. Request a free consultation today at (480) 300-5405.

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COVID-19 Announcement - During this crisis the David Shapiro Law team is working and accepting new clients. Our team continues to fight for our clients at full capacity, every single day. We will not let the insurance companies take advantage of you during this time. Close