Phoenix Personal Injury Attorney

If you or a loved one find yourselves dealing with injuries caused by another’s carelessness, you are entitled to justice and deserve to be compensated for your injuries. At Monge & Associates, our knowledgeable and devoted personal injury lawyers stand ready to guide you through the complicated legal system and relentlessly defend your rights. We fully recognize the physical, emotional, and financial burdens a personal injury incident can impose. Our Phoenix personal injury lawyers have an unswerving commitment to furnishing empathetic support coupled with aggressive representation, all to secure the most favorable outcome possible for your case.

Whether your injuries have been inflicted in a car accident, a slip and fall mishap, medical malpractice, or any other personal injury circumstance, we are prepared to champion your cause and guide you through the judicial process. Contact our Phoenix personal injury lawyers today to arrange a consultation and take the first step towards securing the justice and compensation you are rightfully owed.

Phoenix Personal Injury Resources

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What Defines a Personal Injury Claim?
Common Personal Injuries
What is the Duty of Care?
What is the Statute of Limitations?
Call a Lawyer Today

What Defines a Personal Injury Claim?

Phoenix personal injury claims are legal actions taken by individuals who have suffered harm, whether physical, emotional, or financial, due to the negligent or intentional actions of another person or entity. Personal injury claims are based on the concept of seeking compensation for the losses and damages incurred as a result of the injury.

Various incidents can lead to personal injury claims, including but not limited to:

  • Car Accidents: When a person is injured in a motor vehicle collision caused by the negligence of another driver, they may file a personal injury claim to seek compensation for medical expenses, property damage, lost wages, pain, and suffering. Our experienced Phoenix car accident lawyer is prepared to assist you with your case from start to finish.
  • Slip and Fall Accidents: If an individual is injured due to hazardous conditions, such as a wet floor, uneven pavement, or inadequate signage, on someone else’s property, they may pursue a personal injury claim against the property owner or occupier.
  • Truck Accidents: Due to the significant size and weight of commercial vehicles, truck accidents frequently cause catastrophic or even fatal injuries. After a serious collision, it’s essential to secure the services of an experienced truck accident attorney in Phoenix.
  • Medical Malpractice: Personal injury claims can arise when a healthcare professional, such as a doctor, nurse, or hospital, fails to provide the appropriate standard of care, resulting in harm to the patient. Medical malpractice claims can be complex and require expert testimony to establish negligence.
  • Product Liability: If a defective or dangerous product causes injury to a consumer, the injured party may file a personal injury claim against the manufacturer, distributor, or retailer of the product.
  • Premises Liability: Property owners have a duty to maintain safe premises. If someone is injured due to negligent maintenance or inadequate security on someone else’s property, they may have grounds for a personal injury claim.
  • Dog Bites: When a person is bitten or attacked by someone else’s dog, the owner may be held liable for the injuries and damages caused. Personal injury claims can be pursued to seek compensation for medical expenses, scarring, emotional distress, and other losses.

What Are the Most Common Personal Injuries Suffered by Victims?

Personal injury claims can involve a wide range of injuries, varying in severity and impact on the individual’s life. The nature of the incident and the circumstances surrounding it often determine the types of injuries sustained. Here are some common injuries seen in Phoenix personal injury claims:

  • Whiplash and Neck Injuries: Whiplash is a common injury resulting from car accidents, particularly rear-end collisions. It occurs when the head jerks forward and backward suddenly, straining the neck muscles and ligaments. Neck injuries can cause pain, stiffness, headaches, and limited mobility.
  • Broken Bones and Fractures: Accidents, such as slip and falls, car crashes, or workplace incidents, can lead to broken bones or fractures. These injuries may require extensive medical treatment, including surgeries, immobilization with casts or braces, and rehabilitation.
  • Back and Spinal Cord Injuries: Severe accidents, falls, or acts of violence can cause back injuries and damage to the spinal cord. These injuries can result in paralysis, loss of sensation, chronic pain, and long-term disabilities that require ongoing medical care and assistance.
  • Traumatic Brain Injuries (TBIs): Head injuries, including concussions and traumatic brain injuries, are common in accidents involving falls, car crashes, or sports-related incidents. TBIs can have long-lasting effects on cognitive function, memory, speech, and motor skills, requiring extensive rehabilitation and medical treatment.
  • Soft Tissue Injuries: Soft tissue injuries involve damage to muscles, ligaments, and tendons. These injuries often occur in accidents like slips and falls, sports-related incidents, or car crashes. Common soft tissue injuries include sprains, strains, and tears, causing pain, swelling, and limited mobility.
  • Burn Injuries: Fires, explosions, chemical exposure, or electrical accidents can result in severe burn injuries. These injuries may require extensive medical treatment, including surgeries, skin grafts, and long-term rehabilitation to manage pain, scarring, and functional limitations.
  • Emotional Distress and Psychological Injuries: Personal injury incidents can cause emotional trauma, leading to psychological injuries such as post-traumatic stress disorder (PTSD), anxiety, depression, or other mental health conditions. These injuries may require therapy, counseling, or medication to aid in the recovery process.

What is the Duty of Care in Phoenix Personal Injury Claims?

The concept of duty of care is a fundamental element in Phoenix personal injury cases. Duty of care refers to the legal obligation that individuals or entities have to act in a manner that reasonably prevents harm to others. In Phoenix, the duty of care varies depending on the specific circumstances and the relationship between the parties involved. Here are some key aspects of  the duty of care:

  • Reasonable Person Standard: The duty of care is generally determined by what a reasonable person would do in similar circumstances. This standard considers how a hypothetical reasonable person would act with regard to preventing harm or injury. It takes into account factors such as common sense, caution, and the specific context of the situation.
  • Special Relationships: Certain relationships create a heightened duty of care. For example, drivers have a duty of care to operate their vehicles safely and responsibly, ensuring the safety of other motorists, pedestrians, and passengers. Property owners have a duty to maintain their premises in a reasonably safe condition to prevent foreseeable injuries to visitors.
  • Professional Duty: Professionals, such as doctors, nurses, lawyers, and other professionals in Phoenix, have a higher duty of care due to their specialized knowledge and expertise. They are expected to provide a standard of care that is consistent with the accepted practices of their profession.
  • Foreseeability: The duty of care also depends on whether the harm was reasonably foreseeable. If a person or entity should have reasonably anticipated that their actions or inactions could cause harm to others, they may be held responsible for breaching their duty of care.
  • Duty of Care for Children: The duty of care is adjusted for children, considering their age, experience, and capacity to understand and avoid risks. Adults owe a duty to reasonably protect children from harm based on the child’s age and maturity level.

Proving a breach of duty of care is a crucial element in a personal injury claim. It requires demonstrating that the defendant failed to act with the level of care that a reasonable person in the same circumstances would have exercised. This breach must directly cause the plaintiff’s injuries and resulting damages.

What is the Statute of Limitations for Arizona Personal Injury Cases?

In Arizona, the statute of limitations sets a time limit within which personal injury lawsuits must be filed. It’s important to adhere to these time limits, as failing to file a lawsuit within the prescribed timeframe may result in the loss of your right to seek compensation for your injuries. The statute of limitations for personal injury cases in Phoenix generally depends on the type of claim and the circumstances involved. Here are some key limitations to keep in mind:

  • Personal Injury: The general statute of limitations for personal injury cases, including those arising from car accidents, slip and falls, or other incidents resulting in bodily harm, is two years from the date of the injury.
  • Medical Malpractice: Medical malpractice cases in Phoenix must generally be filed within two years from the date of the injury or within two years from the date the injury should have reasonably been discovered.
  • Product Liability: Claims related to injuries caused by defective products typically have a two-year statute of limitations, starting from the date of the injury.
  • Wrongful Death: If a personal injury case results in the death of the victim, a wrongful death claim may be pursued. In Phoenix, wrongful death claims must typically be filed within two years from the date of the person’s death.

It’s important to note that exceptions and variations may apply to these general limitations based on the specific circumstances of your case. Additionally, other factors, such as the age of the plaintiff or the discovery of an injury at a later date, can potentially impact the statute of limitations.

Contact Our Phoenix Personal Injury Lawyers Today

Has an accident upended your life or that of a loved one? Don’t waste a moment. The time is now to contact our Phoenix personal injury lawyers at Monge & Associates. We are a dedicated team of fervently committed lawyers who will stand up for your rights and relentlessly pursue the rightful compensation you deserve. We are familiar with the physical issues, emotional distress, and financial hardships that personal injuries can inflict, and we pledge our unwavering dedication in providing you with the best legal representation possible.

Contact our Phoenix personal injury lawyers today to book a consultation. We will meticulously examine your case, offer personal guidance, and tirelessly work to safeguard your interests, aiming for nothing less than the optimum outcome for your claim. The first stride towards justice and rightful compensation can begin today. Call us now and talk to us today!

There were an estimated 42,795 fatalities due to motor vehicle crashes in 2022, down by 0.3% from the year prior, according to early estimates released in April 2023 from the National Highway Traffic Safety Administration. While a reduction in crash-related deaths, even one as slight as this, is generally positive, the facts remain deeply concerning: Crash-related deaths rose more than 10% in 2021 and more than 7% the year before that, marking a disturbing trend leading into and persisting through the COVID-19 pandemic.

In 2021, the most recent full year of traffic-death data available, drunken driving fatalities rose by 14% from 2020. Monge and Associates cited data from NHTSA to identify states with the highest rate of fatalities from car accidents involving at least one drunken driver. States are ranked by drunken driving fatalities per 100,000 residents. This rate is listed up to its first decimal point, but the exact ranking of states was determined from the total rate calculation, which did not result in ties.

A blood-alcohol content of .08 or higher is considered impaired. Judgment and driving abilities continue to worsen as BAC levels increase. Laws adopted between 1982 and 1997 throughout most of the U.S. successfully decreased the proportion of DUI-related motor vehicle fatalities in subsequent years.

Alternative transportation programs have also shown some promise in helping to deter drunken driving. Even in areas lacking robust transit options, recent studies suggest that alternatives such as rideshare services like Uber and Lyft can reduce drunken driving-related collisions.

Keep reading to see what percentage of car crash deaths in Arizona involved drunken driving and how it compares to the 49 other states, Washington D.C., and Puerto Rico. See the ranking of all 52 states and territories here.

Arizona by the numbers

#9 highest

– Drunken driving fatalities per 100k residents: 5.8 (421, 36% of all car crash fatalities)
– Fatalities involving driver with BAC 0.15 and above: 3.8 per 100K (275, 65.3% of all drunken driving fatalities)
– Change in drunken driving fatalities from 2012: 83% increase

Continue below to see drunk driving statistics of other states in your region.

California by the numbers

#22 lowest

– Drunken driving fatalities per 100k residents: 3.5 (1,370, 32% of all car crash fatalities)
– Fatalities involving driver with BAC 0.15 and above: 2.2 per 100K (880, 64.2% of all drunken driving fatalities)
– Change in drunken driving fatalities from 2012: 65.3% increase

Colorado by the numbers

#22 highest

– Drunken driving fatalities per 100k residents: 3.7 (216, 31% of all car crash fatalities)
– Fatalities involving driver with BAC 0.15 and above: 2.7 per 100K (158, 73.1% of all drunken driving fatalities)
– Change in drunken driving fatalities from 2012: 61.2% increase