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Frequently Asked Questions

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Understanding Personal Injury Law

What Is Personal Injury?

Personal injury describes any harm a person experiences due to another person’s negligence or intent to harm. It includes both physical injuries and property damage.

Here’s a breakdown of the responsibilities of a personal injury lawyer:

  • Explain your rights
  • Legally represent an injured party during the settlement process and any court proceedings
  • Provide resources and legal advice to the injured party
  • Gather and examine evidence to assess damages
  • Negotiate with the defendant’s attorney
  • Communicate with insurance companies and healthcare providers
  • Pursue maximum financial compensation for the plaintiff

Personal injury lawyers typically handle the following case types:

  • Car accidents
  • Truck accidents
  • Wrongful death cases
  • Motorcycle accidents
  • Bicycle and pedestrian accidents
  • Medical malpractice
  • Surgical mistakes
  • Premises liability
  • Gas explosions
  • Fire and burn injuries
  • Product Liability
  • Dog bites
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You should hire a personal injury lawyer when:

  • You have incurred damages–large or small–at the hand of someone else’s negligence
  • The insurance company rejects your claim
  • The accident invlolved multiple parties and/or fault is disputed
  • You may be liable for some of the damages
  • You receive a settlement offer from the defendant, especially if you feel this settlement amount is too low.

When it comes to personal injury cases, you want the best legal representation you can find. Do your research, read reviews, and pay close attention to how you are treated in your initial legal consultation. The best personal injury lawyers have proven experience with cases like yours and put your best interests first from day one. At Shapiro Law Team, we believe clients deserve honest answers, straightforward guidance, and a legal team that truly listens.

Call the bar association in your state. Most bar associations offer several search and referral tools to help you find a medical malpractice attorney near you. Alternatively, if you or someone you love has been injured due to the careless or negligent actions of a medical professional in or around the Phoenix or Scottsdale, Arizona area, contact Shapiro Law Team as soon as possible for help.

Filing a Personal Injury Lawsuit

How Long After an Accident Can You Sue for Personal Injury?

You should take legal action as soon as possible after an accident. The statute of limitations for each case varies, so it’s best to act quickly. If you are unsure what the statute of limitations is for your case, contact a personal injury lawyer.

The average personal injury lawsuit takes between one and three years to resolve. However, the length depends on the case in question. The following factors impact the length of a personal injury lawsuit:

  • The number of parties involved
  • The severity of the injuries or damages suffered
  • How complex the case is
  • The plaintiff’s desired financial compensation
  • How quickly the plaintiff needs financial compensation
  • The plaintiff’s and defendant’s willingness to settle
  • The court’s caseload

At Shapiro Law Team, personal injury lawsuits begin with a free legal consultation. If one of our attorneys determines that your case is viable, we will investigate the accident and injuries, then gather medical records, evidence, and witness statements to build a strong claim. From there, we file a claim with the insurance company and attempt to negotiate a fair settlement; if that cannot be reached, we file a lawsuit and move into litigation, which may include discovery, depositions, and mediation. Most cases resolve before trial through settlement, but if necessary, we are fully prepared to present your case in court and fight for the compensation you deserve.

In personal injury cases, litigation is the formal legal process that begins when a lawsuit is filed with the court because a fair settlement could not be reached through insurance negotiations. During litigation, both sides exchange information through discovery, take depositions, file motions, and may participate in mediation or settlement conferences. While many cases resolve before trial, litigation prepares the case to be presented in court to pursue full and fair compensation.

It is still possible to file a lawsuit if you sustain an injury, even if you do sign a waiver of liability. The simple act of signing these waivers does not prevent you from recovering damages if an injury occurs.

Depositions and Legal Proceedings

What Happens After the Deposition in a Personal Injury Case?

The case is either settled or goes to trial after the deposition. Although most personal injury cases are settled, here’s what happens when a case goes to trial.

  • The jury and judge will reach a verdict, which states whether the defendant is liable for damages suffered by the plaintiff
  • If the verdict finds the defendant liable, the plaintiff will be awarded damages accordingly

After a deposition, the testimony is reviewed by both sides’ legal teams and used to evaluate the strength of the claims and defenses. Attorneys may file motions, continue exchanging evidence, or use the deposition to advance settlement negotiations. In many cases, depositions help clarify key facts and bring the case closer to resolution through settlement, mediation, or, if needed, trial.

Personal Injury Settlements

How Do Personal Injury Settlements Work?

Instead of pursuing litigation, the plaintiff accepts a settlement offer from the defendant that covers accident-related financial losses. Once a settlement is reached, the defendant is absolved of any further liability.

Personal injury settlements compensate the plaintiff for accident-related damages, which include both economic and non-economic damages. Economic damages are easier to calculate because they have a dollar amount tied to them.

Economic Damages

  • Medical expenses
  • Property damage
  • Lost wages

Non-Economic Damages

  • Wrongful death
  • Physical pain and suffering
  • Disfigurement or disability
  • Mental or emotional anguish

Both the plaintiff and the defendant—along with their attorneys and possibly their insurance companies—negotiate settlements. The negotiation process involves a series of offers and counteroffers.

Personal injury settlements are typically paid as a lump sum upon resolution of the case, whether through a settlement agreement or a court award. Once the funds are received, any outstanding medical bills, liens, and legal fees are paid, and the remaining compensation is then disbursed to the client. In some cases, structured settlements may be used to provide payments over time, depending on the client’s needs and the specifics of the case.

The payout for a personal injury case depends entirely on the extent of the injuries involved in the case. It can range anywhere from a few thousand dollars to thousands of dollars.

You can increase a personal injury settlement by:

  • Providing substantial evidence of the defendant’s negligence—including photo and video evidence of the accident, a copy of the police report, medical records, and corroborating witness statements
  • Outline specific injuries or damages suffered as a result of the accident
  • Build a strong case with your attorney

Determining how much to sue the defendant for depends on the extent of the damages and the defendant’s degree of negligence or intent. The amount should at least cover all accident-related financial losses, which can include:

  • Vehicle repairs or a replacement
  • Current and future medical treatment
  • Current and future lost wages
  • Disability or disfigurement

Damages and Compensation

What are lost wages?

Loss of income, also called lost wages, refers to the monetary amount of work you miss when recovering from an accident.

Insurance companies calculate pain and suffering by evaluating how an injury has affected a person’s daily life, recovery time, and overall well-being. They often use methods like the multiplier method, which applies a number to medical expenses based on injury severity, or the per diem method, which assigns a daily value to the time someone spends in pain. Factors such as the severity of the injury, the length of treatment, the long-term impact, and supporting medical documentation all play a role, which is why strong evidence and experienced legal advocacy are critical to pursuing fair compensation.

Yes! Depending on the circumstance, insurance companies may pay for “pain and suffering” and inconvenience if a person sustains a physical injury because of someone else’s negligence.

Car Accident Claims

What to do if someone falsely accuses you of hitting their car?

Whether you have been accused of causing a car crash while still at the scene of the incident or in the days and weeks that follow, there are various steps that you can take to help ensure that you are treated fairly.

  1. Gather as much evidence as possible
  2. Never admit fault
  3. Do not speak to an insurance claims adjuster
  4. Reach out to a personal injury attorney

When you are facing accusations of causing a crash, you have to fight back to ensure that you are properly cared for and that you recover the compensation you are entitled to.

  1. Witnesses can provide testimony about what they saw happen.
  2. Physical evidence can be used to connect the defendant to the incident.
  3. Surveillance footage or security camera footage may have captured the accident on video.

It is crucial for you to contact a skilled vehicle accident lawyer as soon as possible. An attorney can begin working on the case immediately and handle all communication with other parties involved. An attorney will use their resources to gather the evidence needed to prove liability, handle negotiations with insurance carriers, and fully prepare your case for trial if necessary.

Truck Accidents

What to do after a truck accident?

After a truck accident, safety always comes first. Once you are out of harm’s way, take the following steps to improve the viability of your personal injury claim:

  1. Call 911
  2. Check for injuries
  3. Take photos and document the scene
  4. Gather witness information if witnesses are present
  5. Seek medical attention right away – even if your injuries don’t seem serious at first, medical records and receipts are great evidence to back your personal injury claim.
  6. Call the insurance company to report the accident – but don’t give a recorded testimony, accept settlement offers, or sign agreements until you’ve spoken with a personal injury attorney.
  7. Call a personal injury lawyer – the faster you secure legal representation, the more viability your case will have.

Most accident claims settle without filing a lawsuit or going to trial. However, the amount of time it takes to have money in your hand from a settlement depends on the factors involved in your case.

Motorcycle and Bicycle Accidents

How to claim bike insurance for your own damage?

If you were injured in a motorcycle or bike accident, you should contact an experienced personal injury and motorcycle accident attorney who handles motorcycle accident cases routinely. Not every lawyer knows how to effectively navigate issues surrounding motorcycle injuries.

Child Passenger Safety

When can a child legally sit in the front seat?

Arizona law does not specifically state when a child can legally sit in the front seat. However, most vehicle manufacturers place warnings in the vehicles stating that children should ride in the rear seats until they reach the age of 13.

Any child under the age of five in Arizona must be properly secured in a child restraint system. The law in Arizona does not specifically list infants, but any child under five must be in a rear-facing child restraint system and secured correctly.

Wrongful Death Claims

How do you prove wrongful death?

Particularly, there are four elements of negligence that must be present in order to prove that a defendant owes compensation to a deceased person’s family or estate.

  1. Duty of case
  2. Breach of duty
  3. Causation
  4. Damages

Your Arizona Personal Injury Team

Led by David Shapiro, our team is comprised of Phoenix’s top personal injury attorneys & car accident lawyers. We know Arizona’s laws inside and out, and we’re prepared to go to trial for your case.

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Contact a Phoenix Car Accident Lawyer Today

Our experienced legal team handles a wide variety of personal injury cases, and we are available for legal consultations 24/7. Contact us to speak with a successful personal injury attorney and get started on your case today.

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