Scottsdale Personal Injury Lawyer
Personal Injury Lawyer Scottsdale, AZ
As a personal injury lawyer Scottsdale, AZ community members trust from SL Chapman Trial Lawyers knows all too well, although many safety protocols and precautions are implemented in healthcare settings, errors and accidents still occur. According to the Medical Malpractice Center, medical negligence leads to the filing of 15,000 to 19,000 medical malpractice claims each year. If you were hurt while receiving treatment from a doctor or other provider, you may have reason to seek compensation.
What Is Medical Malpractice?
Medical malpractice occurs when doctors or other healthcare providers cause harm by making wrong decisions and failing to uphold the standard of care. A strong case for medical malpractice proves negligence directly caused the patient’s injuries. To file a lawsuit, a Scottsdale personal injury lawyer must have three key indications to prove medical malpractice:
- The standard of care was not upheld and duty was breached.
- Negligence caused the patient’s injury.
- The injury resulted in significant damages: disability, lost work and wages, chronic physical and emotional pain.
Doctors and other healthcare providers are highly trained professionals who work under strict safety guidelines and a code of ethics. They are duty-bound to provide the highest level of care to their patients. If they recklessly or intentionally violate established procedures, they are breaching their duty and not meeting the standard of care.
When Are Injuries Not the Result of Malpractice?
Not all patients have a valid case for medical malpractice. If patients are unhappy with the results of a medical procedure, but there were no significant damages, they likely don’t have a case that proves negligence. Another example of a possible claim denial would be for injuries resulting from a procedure requiring informed consent. If doctors or other specialists ensure they tell patients the possible risks or side effects that could result from treatment, they are not liable if an injury occurs. However, there are cases where providers forget to obtain informed consent before a procedure. Claims in these situations are often upheld because patients lacked information that could have influenced their decision to approve their doctor’s plan of care.
What Are Examples of Medical Malpractice?
The American Board of Professional Liability Attorneys identifies several examples of medical malpractice:
- Ignoring or failing to recognize symptoms
- Misdiagnosing or delaying diagnosis
- Ignoring or misreading patient history
- Ordering wrong tests
- Performing unnecessary or wrong-site surgery
- Interpreting lab results incorrectly
- Prescribing wrong medicine or wrong dosage
- Discharging patients too early
- Providing poor follow up or aftercare
Due to statutes of limitations and timelines, attorneys need to file claims quickly. If you are not sure if your medical injuries are due to an error from medical personnel, consult with a personal injury lawyer as soon as possible. Don’t hesitate to contact a Scottsdale personal injury lawyer from the team of SL Chapman Trial Lawyers now.
Personal Injury Lawyer Scottsdale, AZ
If you sustained injuries in an accident, you may want to consult a personal injury lawyer Scottsdale, AZ residents rely on from SL Chapman Trial Lawyers. If the accident was caused by someone else’s negligence, you may be entitled to compensation. A lawyer can help you pursue a timely claim against the negligent party.
Important Pieces of Evidence in a Personal Injury Case
If you have been in an accident, whether it is a car crash or slip and fall accident, you may have suffered serious injuries. If the accident was another party’s fault, you shouldn’t have to pay for your damages out of your own pocket. However, you must provide sufficient evidence to have a successful claim. Here are some important pieces of evidence you should have in a personal injury case.
- Photographs. Photos are one of the most critical pieces of evidence you can have for a personal injury claim. For example, if you have been in a car accident, you’ll want to take photos of all the vehicles involved in the accident, skid marks on the road and traffic signs. Likewise, if you were in a slip and fall accident, you may want to take pictures of the condition that caused your fall, such as a liquid spill.
- Medical records and bills. One of the first things you should do after an accident is seek medical attention. Doing so will ensure you receive the proper treatment and provide important evidence for your case. A Scottsdale personal injury lawyer may advise you to obtain copies of your medical records and bills to strengthen your case. These documents will demonstrate the severity of your injuries and how much treatment cost you.
- Witness statements. If other people were present when your accident took place, you may want to ask for their names and contact information. They may be able to corroborate your side of the story and help strengthen your claim. For example, if you were hurt in a car accident, witnesses may have seen the other driver speeding before the crash occurred.
- Expert testimony. An expert witness may not have been present for your accident, but he or she can still provide valuable insight to help your claim. For example, if you are the victim of medical malpractice, you may call another doctor to agree that the doctor who treated you was negligent.
IMPORTANT PIECES OF EVIDENCE IN A PERSONAL INJURY CASE INFOGRAPHIC
Speaking with a Personal Injury Lawyer
If you plan to pursue compensation for your injuries, it is wise to discuss your case with an experienced personal injury lawyer. A lawyer can assess your case and advise you on how to move forward. He or she can make sure that you file all the necessary documents by deadline and help you collect necessary evidence. Your lawyer will also handle negotiations with the defendant’s insurance company. With a skilled lawyer on your side, you will have a better chance of obtaining a fair settlement.
Schedule a consultation with a Scottsdale personal injury lawyer from SL Chapman Trial Lawyers today.
Understanding Your Rights During an Insurance Claim Dispute
A Scottsdale, AZ personal injury lawyer clients recommend knows that few things are as frustrating and confusing as a denied or reduced insurance claim payout – but did you know that you can dispute the decision? Additionally, consumers have certain rights, afforded to them by law, when dealing with their insurance companies. Learn more about those rights, and how an experienced personal injury lawyer attorney can assist with the appeals process, with help from the following information. For more detailed information about your particular situation, call our office to schedule a free and confidential consultation.
Your Right to Appeal a Decision
Regulated by the state of Arizona, insurance companies cannot force you to take a low settlement, nor can they prevent you from appealing their decision to deny a claim. Instead, you have the right to dispute their offer or denial. Typically, this is first done in writing. However, many victims realize that they are not experienced in the complex and nuanced insurance laws, so they turn to a Scottsdale personal injury lawyer for assistance with the process.
Your Right to an Expedient Resolution
Although insurance companies can (and often do) attempt to delay payouts, they are required to expediently resolve your claim. If they cannot do this, they must provide you with a reason for the delay. Of course, insurance companies can give almost any reason for a delay – even a seemingly frivolous one – and expedient under the law may not mean the same thing as a quick settlement after an accident (especially when you are out of work or disabled). As such, victims are encouraged to seek assistance from an experienced personal injury lawyer.
Your Right to Fair Processing of a Claim
While in the process of filing a claim, or when trying to file a dispute, it might appear that the insurance companies are trying to complicate things as much as possible. However, laws forbid them from forcing you into unnecessary steps or paperwork. They also cannot force you to accept a settlement to receive a payout on another one (i.e. if your home and auto insurance are covered by the same company), and they cannot discriminate against you based on ethnicity, gender, age, or other protected statuses. If you believe your insurance company is treating you unfairly, you not only have the right to appeal their decision, but you may also file a complaint.
Your Right to Financial Compensation
If you have been injured in an accident caused by another party, you are entitled to financial compensation for any losses you have suffered as a result of those injuries. This can include medical expenses, loss of income, pain and suffering, emotional trauma, disfigurement, and permanent disability. Make sure you have a dedicated Scottsdale personal injury lawyer advocating for you. Call SL Chapman Trial Lawyers to schedule a free consultation.
Common Questions Regarding Personal Injury Cases
In addition to medical malpractice cases, which are among the most complicated, our Scottsdale, AZ personal injury lawyer will share that several types of accidents may result in legal action. Accidents are not something that people find themselves prepared for. Because of this, along with the debilitation that comes with injuries, damages will significantly impact victims in several other ways. Unfortunately, victims stand to experience financial losses from medical bills and lost wages, in addition to the traumatic and emotional impacts of falling victim to an accident. Victims have a right to take legal action with assistance from an experienced lawyer available at SL Chapman Trial Lawyers. Our team can help those who have experienced losses in an accident. When considering whether to pursue legal action, it’s only common to have several questions regarding the process, for example:
What are the common types of accidents that constitute personal injury cases?
When a person acts negligently, it means they have failed to uphold their duty of care, and their actions (or lack thereof) caused harm to another person. An accident can happen at any moment, and nearly all people could be at risk of falling victim despite their best efforts. Common types of personal injury accidents include:
- Car Accidents
- Dog Bits
- Pool Accidents
- Slip and Falls
- Premises Liability
- Product Defects/Malfunctions
- Medical Malpractice
- Pedestrian Accident
When is a lawyer necessary for a personal injury case?
After an accident, it can be challenging to determine the best way to move forward. Sometimes, it may be evident that negligence was at play or the other party was at fault, but in other situations, it may be challenging to determine fault. Because of this, seeking guidance from a Scottsdale personal injury lawyer may be necessary. If you have been injured, have experienced financial losses, or have been impacted, it’s time to speak with a professional to determine the best course of action moving forward.
How does a lawyer determine the value of a personal injury claim?
One of the first questions victims ask is the potential value of their claim because they want to know whether pursuing legal action is worth their time. There’s no straight answer for the value of someone’s case. To determine the value, a lawyer must carefully review the case’s extensive details. Typically they will carefully look at the losses faced by the victim using a specific formula. However, several factors are essential, including economic and non-economic damages, whether the losses are permanent, and whether comparative negligence was a factor.
How can a lawyer assist in representing victims of a personal injury accident?
The legal process can be complicated to endure, and with assistance from a professional, it can be easier to understand the legal system and the best way to navigate it. While in some situations, it may make sense to endure the process pro se, in cases that involve significant damages, a lawyer can help to gather evidence, strategize the case and negotiate the most favorable outcome possible.
How does a lawyer receive payment for their services?
Unsurprisingly, many victims find themselves at a financial loss after an accident. Because of this, many people will operate under the understanding that they cannot afford a lawyer. However, help from a lawyer is not unattainable because many personal injury lawyers work on a contingency basis, meaning that they will only receive payment if they can obtain a successful case outcome. When a settlement is procured, a lawyer will take a percentage of the settlement as payment. As a result, it’s crucial that victims carefully understand legal fees ahead of time.
Accidents resulting from negligence may call for guidance from a lawyer to ensure they receive the help they deserve. After injuries, victims may be left to feel as though the deck is stacked against them, but with help from our Scottsdale personal injury lawyer at SL Chapman Trial Lawyers, victims can feel as though they have the upper hand.