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Frequently Asked Questions about Personal Injury Law

Q: How do I know if I have a personal injury case?

A: First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else's fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit. Some personal injury claims could be based on a variety of nonphysical losses and harms. In the case of an assault, for example, you do not need to show that a person's action caused you actual physical harm, but only that you expected some harm to come to you. You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you.

Q: How soon after I am injured do I have to file a lawsuit?

A: Every state has certain time limits, called "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury.

Each year in the United States, 200,000 preschool and elementary school children visit emergency departments for injuries sustained on playground equipment (about 1 injury every 2 1/2 minutes). Contact us if your child has been injured.

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At the Law Office of Jeffery J. Hernandez, in Scottsdale, Arizona, we have extensive experience handling personal injury cases for clients throughout the Phoenix metropolitan area, Maricopa County, and across the state of Arizona.

Too often, insurance companies handle personal injury claims the same way regardless of the individual nature of the person’s injuries, permanent disabilities and damages. From an insurance company’s standpoint, it does not matter that an injured person is an individual whose injuries, lost wages, property damage, and pain and suffering are unique. Nowadays, when handling claims, insurers use computerized claims adjusting programs such as Colossus® to undervalue your legitimate claims and keep more money in their insurance coffers.

Experience counts when dealing with insurance companies. As a former insurance adjuster, Jeffery J. Hernandez is intimately and uniquely aware of insurance adjusters’ tactics in trying to undervalue or “low ball” your legitimate claims. Mr. Hernandez knows how to effectively prepare and present a case to insurance companies for consideration. If an insurance company is not prepared to offer a fair and reasonable settlement, he is prepared to go to the mat for you and get you what you deserve in trial. Mr. Hernandez has developed a reputation for effectively handling personal injury matters involving car and motorcycle accidents, truck accidents, drunk driving accidents, medical malpractice, product liability, dog bites, wrongful death, brain and spinal cord injuries, catastrophic burns, and bad faith insurance.

If you or a member of your family has suffered a personal injury as a result of negligent, reckless or intentional acts, please contact the Scottsdale, Arizona personal injury lawyer at the Law Office of Jeffery J. Hernandez for a free consultation. We can be reached by phone at (480) 624-2765, by e-mail, or by filling out our custom intake form.

Personal Injury - An Overview

Personal injury lawsuits are filed by people (or their representatives) injured due to the negligence of someone else. The injury may be either physical or emotional, and it can arise from a variety of sources or types of conduct. Some of the most common types of personal injury cases include slip and fall, automobile accidents, assaults and battery, medical malpractice, and product liability. In general, the goal of a personal injury action is to determine who was responsible and to compel the responsible party to compensate the injured person for the losses sustained. If you or someone you know has been injured by the careless actions of another, contact a personal injury attorney at our firm to find out how we can help you preserve your rights.

Personal Injuries from Dangerous or Defective Products

When someone is injured while using a product that was manufactured or marketed in a defective or dangerous way, he or she may be able to recover the resulting damages from the responsible party in a products- liability-based personal injury suit. Products liability law is based on the responsibility of a manufacturer or other provider of goods to compensate users of the goods for injuries caused by defective or dangerous products that it placed into the stream of commerce. The basic idea underlying products liability law is that the companies providing the products are usually in the best position to prevent defective products from entering the marketplace, so if they fail to do so, they should be held accountable. An experienced and knowledgeable personal injury lawyer can advise injured persons on whether they may have a claim against a product manufacturer or seller and can help them recover the damages to which they are legally entitled.

Reasons to Hire a Personal Injury Attorney

When you’re injured, you need all the help you can get, and you need it as soon as possible. Unfortunately, that means that some injury victims pick the first attorney they find rather than making an informed choice. Before you hire a personal injury attorney, it’s important to educate yourself and find the right fit for you and your case. The following list can help you find an attorney who is right for your case.

Personal Injuries from Animal Bites or Attacks

Although animal-attack claims most commonly involve dog bites, many other types of domesticated animals, such as ferrets, cats, and even birds, can also bite humans. Even nondomesticated animals, such as large cats ordinarily found in the wild, but owned by some people as pets have been known to attack children and adults. An owner's liability for injuries caused by his or her pet, if any, will vary greatly from jurisdiction to jurisdiction. A lawyer from our firm who is experienced in handling personal injury claims is an excellent source for accurate advice and information if you have been injured in animal attack.

Slips, Falls, and Other Premises Liability Claims

Premises liability law involves the legal responsibilities of property owners and occupiers to prevent injuries to persons on their property. One of the most common causes of such injuries is a trip or slip and fall, such as on an icy sidewalk, a loose or uneven stair tread, or a piece of debris or spilled liquid on the floor. Property owner liability varies depending on the rules and principles adopted in the jurisdiction where the injury occurred. An experienced personal injury lawyer at our firm can evaluate the strength of your premises liability claim and help you recover damages for lost wages, medical bills, and pain and suffering.

When Personal Injuries Result in Death: Wrongful Death Cases

In general, a wrongful death claim is one in which it is alleged that a person died as a result of another's negligence. The deceased person’s surviving relatives, dependents, or beneficiaries may bring suit against the responsible party or parties, seeking monetary damages for their losses. Each state has its own wrongful death law and not every state follows the same guidelines, principles, or rules. A personal injury attorney at our firm can advise you on whether you have a valid wrongful death claim and can help you pursue that claim against the responsible party or parties.

Selecting a Personal Injury Attorney

If you’ve suffered an injury through the fault of another, you may be out of work, overwhelmed with piles of medical bills, or in constant pain and agony. Under any of these circumstances, researching, locating, and retaining a lawyer to handle your personal injury claim can seem like yet another insurmountable obstacle. There are, however, some guidelines that can help you to select a personal injury lawyer to handle your case. With a personal injury lawyer from our firm on your side, you can breathe a sigh of relief and focus on your recovery while we carry at least part of your burden.

Personal Injury, General Resource Links

Practical Law: Personal Injury Claims
This Web site, made available to the public by the ABA Division For Public Education contains useful information about personal injury claims.

US Consumer Product Safety Commission (CPSC)
The CPSC is charged with protecting the public from unreasonable risks of property damage, serious personal injury, or death from consumer products such as toys, cribs, power tools, cigarette lighters, and household chemicals that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's Web site includes recalls and product safety news, information on reporting an unsafe product, and more.

Fact Sheet Library
National Safety Council (NSC) fact sheets are resource guides that provide statistics, tips, and suggestions to make life safer. This Web site contains over 80 topics in four categories: agricultural safety, healthy living, environment safety, and road safety.

Tort Law: An Overview
This Web site, maintained by the Legal Information Institute (LII) at Cornell University Law School, provides general information about tort law, including discussion of intentional torts, negligent torts, and strict liability torts.

Dog Bite Liability
This Web site contains an article from the Insurance Information Institute (III) about dog bite liability. The article discusses dog owners’ liability, recent developments in state legislation, important court decisions, and other related issues.