Phoenix Personal Injury Attorneys Explain Tort Laws for Arizona
“The primary purpose of tort law is to offer relief to victims for the losses and harms that they have suffered.”
If you have sustained a personal injury in Phoenix, AZ, you are likely to face enormous costs and expenses. Many victims feel overwhelmed by the financial and emotional strains from their injury.
Sizeable medical costs, lost wages, and the price of property repair are common expenses following an accident. Thankfully, many victims have the right to seek compensation for the losses they sustained because of their injuries.
This is where tort law comes in. A “tort” is an action (or lack of action) that leads to harm or injury to another person. In Arizona, when a tort causes an injury, the victim can seek financial recovery.
One of the most common types of tort law is personal injury law. In this article, we will examine several of the most important elements of Arizona tort law.
If you need accident lawyers in Arizona, the accomplished attorneys at Goodnow McKay can help. Our firm features the best personal injury lawyers in Phoenix and we have an incredible track record of winning for our clients.
Do not bear the financial burdens of an injury that you did not cause. As Phoenix’s top injury lawyers, the team at Goodnow McKay can help you to secure financial compensation.
The Purpose of Tort Law
The primary purpose of tort law is to offer relief to victims for the losses and harms that they have suffered. Tort law also makes it possible to hold the at-fault parties responsible. Additionally, these cases can deter future actions that would cause harm.
Tort and personal injury cases help to shift the burden of loss. Without tort law, the victim would bear the full weight of the negative outcomes from the injury. Tort law enables an injured person to seek damages from the responsible party.
In deciding tort cases, judges draw on both statutory law and common law. The specifics of tort law vary by state. However, tort cases generally fall into three distinct categories:
This type of case involves damage that was caused by the defendant’s intentional actions. When they are seeking compensation for an intentional tort, the plaintiff needs to prove some type of intent on the part of the defendant.
This type of case results from the carelessness or negligence of the defendant. The plaintiff must prove that the defendant’s negligence caused the damages to the victim.
Strict Liability Torts
This type of tort claim is applicable when a defendant is legally liable, even in the absence of negligence or intention. For example, a dog owner may be strictly liable if their animal attacks another person.
Speaking with accident injury lawyers in Phoenix can help you to determine which of these claims is best in your case. While these three classifications are standard, Arizona has some specific laws regarding personal injury cases.
Statutes of Limitations in Arizona Tort Law
A “statute of limitations” is a legal time limit after which the victim of an accident is unable to seek financial compensation. In Arizona, the statute of limitations on most personal injury claims is two years.
The time limit on a personal injury claim begins on the day that the accident occurred. In the case of some injuries, the victim may not be aware that they have been hurt until later. If this happens, there may be exceptions to the statute of limitations.
If you are unsure about when your injury happened, you should speak with a Phoenix personal injury attorney. A legal professional can build a powerful case for you, even if you discovered your injury after the inciting incident.
Comparative Negligence in Arizona
“The comparative negligence rule in Arizona reduces the amount of compensation that you can recover if you are partially at fault.”
Arizona tort law operates on what is known as “comparative negligence” rules. If you pursue damages for the costs of your injuries, the other party may claim that you share some of the blame.
Under Arizona state law, the injured person may be found to be partly at fault for an accident. If you are found to be partially liable for the damages that you suffered, it can reduce your financial recovery.
Suppose that you are sitting on a chair on your porch and the chair breaks, resulting in harm to you. You might decide to sue the chair manufacturer for the cost of your medical treatments, claiming that the chair was faulty.
But if a label on the chair states that it should only be used indoors, the company might claim that you bear part of the blame for your accident. You would then be held financially responsible for the portion of the accident for which you were at fault.
The comparative negligence rule in Arizona reduces the amount of compensation that you can recover if you are partially at fault. Suppose that the total amount of damages for your accident was $20,000 and you are found to be 20% responsible. You would only be able to recover 80% of the damages — that is, $16,000.
It is common for a defendant to claim that the injured person is partly or totally responsible for their accident or injuries. Securing the services of a Phoenix injury attorney can ensure that you are fully prepared for any strategies that the defense may use.
How a Personal Injury Law Firm Can Help
If you have been injured because of someone else’s negligence or carelessness, you deserve compensation. The process of filing and pursuing a tort law case is highly complex. That is why legal representation is so important.
Consulting with experts at an Arizona personal injury law firm will give you the best chance of securing the financial recovery that is rightfully yours. The accomplished attorneys at Goodnow McKay have the knowledge and experience to win any type of tort case. Our lawyers fight hard to help accident victims get their lives back on track. Reach out today to see what we can do for you.