Personal Injury Law Basics in Scottsdale

As an accomplished team of Scottsdale personal injury lawyers, we often consult with clients who have a strong case backed by substantial evidence but have yet to pursue a claim due to confusion about their rights, the legal processes involved, or where to begin. Our key piece of advice is to speak to our discreet, knowledgeable team as soon as possible. 

The law in Arizona states that most personal injury cases must be filed within two years of the initial accident, injury, or negligence. Unfortunately, leaving it too late could negate your eligibility to file a personal injury claim and receive the compensation you are rightly owed.

In this guide, we’ll cover some other basics to help you understand how most common personal injury cases in Scottsdale proceed and the types of evidence and information we’ll consider when evaluating your chances of a successful outcome.

How Can I Verify Whether I Have a Viable Personal Injury Claim?

One of the most frequent personal injury claim questions Scottsdale clients ask us is how they can determine whether an injury or accident is legally considered the fault of another party–whether that is a person, company, or public entity. Most cases hinge on who was at fault and whether they had a duty of care to protect you from the cause of the accident. For example:

• Reckless or dangerous driving that caused a vehicular collision is often the fault of the driver, who was negligent in not adhering to road safety rules.
• An electrocution caused by faulty wiring may be the contractor’s fault, who acted negligently by not testing the connection or following regulations.
• A dog owner who allows an out-of-control animal to bite a passerby is usually found to be negligent in not protecting third parties from a dangerous pet.

Civil claims, including personal injury cases, center around proving that a third party was negligent. Our job is to assess the duty of care that the other party was obligated to fulfill, how they breached that responsibility, the factors that caused the accident, and the impact of the incident on you as the claimant.

If you have sustained an injury, loss of income, stress, or other financial pressures because of an accident that was not your fault, the first step is to contact Gage Mathers to arrange a complimentary case evaluation, during which we’ll discuss this in much greater detail.

How Long Do I Have to File a Personal Injury Case?

We mentioned briefly the statute of limitations–this is a maximum time frame dictated by federal and state law that indicates the time you have from the date of the injury or harm caused to take legal action. In Arizona, this works as follows:

• Most claimants have two years to file a personal injury case, after which point they sacrifice the ability to make a future claim or recover compensation.
• If the injury was caused by a public organization like a city or state government, the threshold is shorter. You need to submit a formal claim within 180 days and initiate a lawsuit within one year.

Complex personal injury cases, often involving medical malpractice or negligence, can sometimes work a little differently. If you become aware of side effects, injuries, or negative outcomes sometime after a treatment or procedure, you are welcome to get in touch to discuss the specifics of your case and learn more.

What Evidence Do I Need to Support My Personal Injury Lawsuit?

A significant part of our role is to collate, appraise, and document evidence showing the negligence of the third party and the full extent of the damage caused. In almost all cases, this doesn’t relate solely to medical bills or the cost of long-term rehabilitation but can include:

• Pain, suffering, stress, and anxiety
• Modifications to your home or vehicle due to a disability
• Loss of income, now and in the future
• Detrimental impacts on your quality of life
• Damages to your property or vehicle
• Punitive damages

The exact evidence you need will depend on the nature of the injury but can include photographs, videos, witness statements, reports from medical professionals and emergency responders, police logs, and statements provided by third-party professionals such as therapists and counselors. As always, you can get in touch with the expert team at Gage Mathers at any time, and we’ll help you proceed with confidence to get the compensation you are entitled to!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
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