Personal Injury Attorney
Oftentimes when you file a personal injury case in Arizona, you and your personal injury attorney in Scottsdale, AZ are relying on a legal theory called negligence. The theory of negligence is referencing that somebody else’s not taken proper care in doing something and has caused you harm. Negligence is very complicated and it is very helpful to have a personal injury attorney such as the ones available at Yearin Law Office so that you can ensure while filing your personal injury claim that all of your rights are being taken into account.
The defendant, that is because you negligence, owes you a duty of some kind. You must be able to prove this duty to prove negligence. An example is a doctor there that has a duty to care for those in his care, if this doctor does not care for the clients in his care appropriately than he is and can be held liable for negligence.
You must also prove that there has been a breach in this duty, and that by failing to exercise reasonable care of their duty to you the person is liable for negligence. For an example, again using a doctor, if the doctor has administered the wrong treatment, prescribed the wrong medication, or otherwise done something to lower the standard of care that you received, the doctor is then liable for negligence.
You must also prove that the defendant’s actions caused your injury, this is known as cause for causation. A personal injury attorney is going to be able to help you prove that your doctor caused your personal injury, or whoever you’re filing a negligence lawsuit against.
You must also prove that there is a way the court can compensate you for the injury, and in a medical malpractice case the court often awards the plaintiff with money to cover the cost of the necessary medical care.
Arizona negligence laws follow comparative negligence whereas other states rely heavily on contributory negligence laws. Because of comparative negligence laws an injured party is going to be allowed to recover money or their injury even if they are 99% at fault. The plaintiff on the other hand is going to have money damages that are reduced by the amount in which they are at fault.
Arizona does block recovery by the plaintiff if they intentionally caused or contributed to the injury or death of someone; but this must be able to be proved. If you think that somebody has intentionally caused you harm, when you reach out to a personal injury lawyer, they will know the best way to go about finding the information you need to prove that it was intentional causation of harm.