Watch David Michael Cantor discuss the Common Personal Injury Practice Areas
Choose a topic below to learn more about being a victim of a personal injury in Arizona.
Bicycle Accident Injury
Dog Bite Injury
Domestic Violence / Assault Injury
Elder Abuse / Neglect
Neck Injury and Back Injury
Nursing Home Injury
Slip and Fall Injury
Youth Sports Injury
Most people think that personal injury cases involve only motor vehicle accidents that result in either physical or mental injury. However, there are several types of non-motor vehicle personal injury cases that result in a variety of injuries. Personal injury cases may involve assault; premises liability, such as slip and falls; products that malfunction and cause injury; medical malpractice; nursing home liability; drug company liability; birth injury; construction defects; bicycle accidents; and dog bites. This isn’t an all-inclusive list, but it does include several types of accidents or violations that could lead to personal injury cases. “Personal injury” typically refers to any injury caused by either the intent or the negligence of another person. Negligence means that someone failed to act in a reasonable and careful way. It can also refer to not doing something that a reasonable and careful person would do. Every personal injury case should be evaluated by an attorney who will be able to determine if there are any monetary damages to be recovered. In order to recover the damages you deserve, you must have evidence of the negligence that occurred.
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While it’s true that any lawyer with a law license will be able to file a personal injury lawsuit, but the outcome of the case relies on how capable your lawyer is. It’s important to choose a law firm that has the experience and resources necessary to handle your personal injury case. It doesn’t take a lot of skill to get only $50,000 on a case that could reasonably get $100,000 when handled appropriately. Some victims are wooed by the fact that lawyers will reduce their fee, but that could cost you a lot of monetary damages that you would otherwise get. For example, lawyers usually charge approximately 33% of their fee. On a $100,000 settlement, you would get $66,667 after paying the lawyer. A law firm that offers a reduced fee may charge 25%, but if they settle a $100,000 case for half of what it’s worth – $50,000 – you could end up with just $37,500. The reduced fee isn’t worth it if you’re going to ultimately receive less monetary damages.
Personal injury cases can result from numerous traumatic causes. Cantor Crane is the right choice to represent clients who have been through various personal injury events. Personal injury categories include:
- Birth Injury
- Brain Damage
- Contract & Business Disputes
- Government Liability
- Medical Malpractice
- Motor Vehicle Accidents
- Nursing Home Injury
- Personal Injury
- Premises Liability
- Product Liability
- Wrongful Death
Even simple personal injury cases may result in permanent injury or impairment. Settlements may range from five figures to seven figures or even more. In many cases, the important factors to take into consideration when deciding how much to settle for will include the cost of medical bills and life care, plus employment damages and pain and suffering.
It is not uncommon for medical bills to cost over $100,000, especially if extended hospitalization or physical or vocational rehab were necessary. The victim and the victim’s family usually have the primary goal of paying these bills as soon as possible. If another person is at fault for the injury, their insurance provider will send an “adjuster” to approach you with a settlement. This will usually happen shortly after the accident. The adjuster may say that the settlement will cover all medical expenses. Yes, it’s tempting to sign these papers, get paid and put the event behind you as quickly as possible. However, the settlement will not fully pay for the years of life care ahead. The settlement won’t pay for the vocational training you’ll need to take following your stay in the hospital. Don’t accept a settlement offered by an adjuster before talking to a qualified personal injury lawyer. Personal injury cases are a lot different than other types of cases. You should not automatically settle for three, four or even five times the amount of your medical bills.
For example, if the victim is comatose following an injury, their medical bills will be consistent, but the damage to their future is significant and it increases every single day the victim is in a coma. Contact your Cantor Crane personal injury attorney right away if you’re approached by an adjuster. Also beware of unqualified attorneys who offer you a certain amount more than your medical bills without even knowing the cost of your medical bills or the details of your case.
Pain and Suffering
When pain and suffering damages are calculated, the amount is combined with the damage to the victim’s life and their family’s life, as well as employment losses. To figure out the amount of pain and suffering damages to ask for, lifelong impact of the personal injury will need to be considered. It’s necessary to figure out how much life care will cost following the injury, along with projected employment losses and damage to the family of the victim. Often, the award that is given for pain and suffering is larger than the other damages. This is because of the personal cost it takes to live with injuries. While someone may lose as much as a million dollars in earning capacity, somebody who lives in constant pain, who has a lowered IQ or who is in a vegetative state due to the injury loses “quality of life”. Even if the victim is not seriously injured, they may experience a loss of enjoyment in life, which should be considered when calculating pain and suffering damages.
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Life Care Costs
Life care costs include future medical bills and the amount of money it takes to cover the cost of rehabilitative treatment and in-home care. Often, in-home care is handled by family members. However, just because these family members are offering their time and the victim doesn’t have to pay for a live-in nurse, the family members aren’t working without cost to them. Family care can be particularly taxing because the caretakers may have to forgo work in order to care for the victim. Your personal injury case relies on securing the right experts and producing the right testimony during settlement or the trial. Your Cantor Crane attorney will secure the best “life care experts” who will be able to help with your personal injury case.
When working on a personal injury case, your attorney or a specialist will calculate employment damages. Often, the victim is no longer qualified to perform the same work they were engaged in before the accident. However, the victim may be able to get employment in a different field. Often, though, this new field will pay a lower wage than what the victim was making before the accident. Following a severe injury, the victim may not even be able to work at all. In other cases, the personal injury may occur before a person has the opportunity to attend college, get job training or secure their first job. You need a skilled attorney to determine your employment losses.
While a personal injury victim may be able to secure employment, it’s possible that they will lose that employment quickly after getting the job. Another possibility is that the victim will not be able to be promoted within their workplace once they do get a job. It takes a highly skilled and experienced Cantor Crane attorney to pinpoint these types of details when figuring out the amount of employment losses the victim deserves.
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When a person has suffered from a personal injury, even if that injury was minimal, it’s likely that their employment lifespan will be shortened somewhat. In order to figure out the amount of damages, an attorney or specialist will need to figure out what the person was making before the injury, what they would have been making after the injury and how much they’re actually making following the injury. It’s necessary to calculate how much the victim will lose over the course of their career. Another thing that needs to be considered is how much shorter the victim’s career is now that they’re been injured. Inflation is factored in as well as an increase in the market value of the victim’s chosen occupation. Only a “vocational expert” will be able to calculate these detailed future losses.
While the number that the vocational expert gets to may not be the highest number asked for when calculating damages, it is the number that Cantor Crane has found the jury will best understand. Most jurors understand the idea behind figuring out how much a personal injury victim will lose over their lifetime as a result of the injury. Jurors understand that the victim as well as the family will be without a certain amount of money due to the injury. This number is combined with projected future life care costs and medical bills, which magnifies the pain and suffering award. Juries also understand how a victim that was once able to look forward to a rewarding personal life as well as a rewarding career now have to settle for less. Juries understand that their role is to make sure the victim gets everything they deserve. When you work with a reliable law firm, your attorney will let the insurance company know what damages the victim deserves. This increases the chance of the victim and the victim’s family getting a large settlement without having to go to trial.
Cantor Crane is adept at handling personal injury cases. Our aggressive attorneys will fight for you and your family so that you get the highest settlement possible. We will also help you when it comes to medical liens and the cost of medical treatment so that you do not have to pay any out-of-pocket costs.
Contact the experienced attorneys at Cantor Crane by calling any time, day or night, at (602) 254-2701 or by filling out our Free Consultation Form. Come in for a Free 30 Minute Case Evaluation with one of our highly trained personal injury attorneys.