Attorney Thomas Hogle’s proficiency for solving challenging problems and his passion for helping others make him the attorney you want on your side. Thomas is known for his honesty, compassion and dedication to a fair legal system.
law school: Arizona State University
favorite tv show: Flight of the ConcordsEmail Thomas
Attorney Nathan prides himself on his ability to empathize with and really listen to and understand clients’ circumstances and concerns. Once he understands his client, Nathan is focused on finding the right solution to the problems and helping his client heal after facing difficult challenges.
law school: Western State University
favorite sport: FootballEmail Nathan
Jacqueline is an attorney that excels at explaining the law to her clients in a way they understand, communicating their options to them and guiding them through today’s legal system. When clients meet with Jacqueline, they receive her full attention. She listens, understands and assists clients in solving their legal problems during difficult circumstances in their lives.
law school: University of San Francisco
in my spare time: Read or oil paintEmail Jacqueline
Attorney Robert Moon sees that too often clients think they need a lawyer who will fight no matter the cost, but more often they need a lawyer who can balance legal issues with practicality. He finds the leverage to achieve what’s right for his clients and creates an amicable result while staying above the fray of the emotional components of each case.
law school: University of Utah
favorite vacation spot: ItalyEmail Robert
Attorney Dana Hogle has years of experience in personal injury litigation. He has helped clients who were hurt on the job, seriously injured in an automobile accident, or otherwise hurt by another’s negligence. He knows how to handle these cases from a legal perspective, and he also understands the personal element of personal injury work.
law school: California Western School of Law
favorite song: "Mama Tried" by Merle HaggardEmail Dana
Phoenix Personal Injury Resources
Arizona Personal Injury Law Information
A personal injury claim is a legal action where a harmed individual seeks to obtain a money judgement from the person or company that wronged them as compensation for the harm. A personal injury occurs when there has been a violation of an individual’s right, other than his or her rights in property. The term is not confided to physical injuries, although negligence cases usually involve bodily injury. A complete list of personal injury actions, including statute of limitations, is found under Arizona Revised Statutes, Title 12, Chapter 6. Section A will discuss a list of personal injury-types of action causes. Section B will discuss the steps to filing a personal injury claim/lawsuit. Section C will discuss other considerations pertaining to personal injury.
Types of Personal Injuries
The most common personal injury cause of action is negligence. Arizona follows the doctrine of pure comparative negligence. Automobile accident cases are the classic example of negligence claims. Another example is a slip or trip and fall which is called premises liability. Medical malpractice is another personal injury cause of action. A professional malpractice action may also be filed against another professional, such as an attorney or accountant. Strict products liability is invoked against manufacturers, suppliers, and distributors when a defective product for which defendant is responsible injure an appropriate plaintiff. An industrial or worker’s compensation claim is one for injuries or death which occurs on the job. Unlike other personal injury claims, the person making the worker’s compensation claim need not prove anyone was at fault or careless in order to recover worker’s compensation. If the suing party is deceased, an action for wrongful death shall be brought by an in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person for an on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent’s estate. Arizona provides a cause of action for dog bites.
Filing a Personal Injury Claim or Lawsuit
A plaintiff has a legal case if all of the elements of the claim are met. For example, the majority of personal injury claims arise because one or more parties acted negligently. The legal elements of negligence are duty, breach, causation, and damages. While there are different variations of duties owed to others, the most common is the duty to exercise reasonable care as a prudent person would under all the circumstances. If the risk of doing the activity outweighed the benefits, or it could be argued, the activity should be considered unreasonable, and thus constituting a breach. To prove causation, the plaintiff generally must show the injury would not have occurred but-for the defendant’s breach of reasonable care. Additionally, the type of injury plaintiff suffered must have been reasonably foreseen resulting from defendant’s conduct. To allege damages, plaintiff must show that he or she has suffered physical harm or property damage.
The first step is to file a demand letter to the opposing party. The letter will give the relevant facts about the accident such as the time and place and cause of the injury, describe your injury, and ask for a specified amount in settlement of the case and gives them a specified time to respond. If the opposing party refuses to settle, the next step is to file a lawsuit. Personal injury claims are filed in the Superior or Justice Court where the injury occurred or at least where one of the defendant lives. Injury claims alleged to exceed $10,000 are filed in Superior Court with a General Civil Unlimited classification. Smaller injury cases that are valued between $5,001 and $10,000 are classified as General Civil Limited cases in the Superior Court or in the Justice Court, which has equal jurisdiction for these types of cases. Smaller claims are filed in small claims court. If the defendant lives out of state, a party may file a personal injury claim in federal court, on the conditions that either a federal question is raised, or the amount in controversy exceeds $75,000.
After the lawsuit is filed, the parties will acquire information from each other about the case. This process is known as discovery. Before the case is set for trial, the attorneys in the case may make various legal arguments about the case in the form of motions to the court concerning the adequacy of the complaint or answer, disputes about discovery, or an argument that one party’s case is so strong that he or she is entitled to judgment in his or her favor without a trial.
When the case is finally ready for trial, many courts require the attorneys to meet with a judge for a settlement conference where the judge tries to help the parties reach a settlement agreement before going to trial. If both parties reach an agreed upon settlement, the case will not proceed to trial, and the suit will exhaust. Trial will occur on the condition the parties do not reach a settlement agreement and the finder of fact (either a judge or jury) will enter a verdict for the plaintiff or defendant.
If the suit is settled, the court will issue an order of settlement, which requires the parties to complete all of the settlement papers within 30 or 60 days. A release document sets forth the terms of the settlement and the party must sign in front of a notary public. A party may receive a “lump sum” settlement, which is paid at once, or a “structured settlement,” involving periodic payments. The amount of award depends on the settlement or the trier-of-fact’s award. If the defendant appeals the award, it will take one to two years for the appeal to be heard and decided.
In Arizona, a personal injury action shall be commenced and prosecuted within two years after the cause of the action accrues, and not afterward.