Frequently Asked Questions

Q: If I am injured in an automobile accident, should I give a statement to the insurance company?

A:  Before you provide anyone with a statement, get some advice from an experienced Phoenix personal injury lawyer.

Q: What should I do first, if I’ve been injured in an accident?

A:  Before you do anything else, get medical treatment for your injuries.  And when you speak to your doctor about those injuries, don’t minimize the amount of pain or discomfort you may be suffering, or the impact of the injuries on your overall health and well-being.

Q: Assuming my injuries are being taken care of medically, what other things should I do after my accident?

A:  A number of things you can do may help your case as it moves forward.  These include taking pictures of your injuries and of any vehicles involved, as well as other property that has been damaged; making a police report concerning the accident, and obtaining a copy; and keeping track of your lost wages and expenses resulting from your injuries and from the accident.

Q: In a successful personal injury case, what types of damages can I recover?

A:  Compensatory damages are, as the name suggests, designed to compensate you for losses suffered as the result of your accident.  They include medical and hospital bills, pain and suffering, lost wages, and any other losses that are proximately caused by the accident.  In certain cases, such as where there is bad faith on the part of an insurance company, or where the conduct of a person is particularly egregious, punitive damages can also be assessed.  Punitive damages are designed to punish the wrongdoer, as opposed to compensating the victim.

Q: What are the most common types of motorcycle accidents that are caused by drivers of other vehicles?

A:  Probably the most common cause of these types of accidents is failure to yield.  An example would be where a driver makes a left hand turn, and collides with an oncoming motorcycle.  Other accidents often occur as the result of tailgating, and motorists changing lanes without observing a motorcycle in the next lane.  Motorcycle injuries tend to be severe, and can be catastrophic in their effect on a person’s life.  An experienced Phoenix motorcycle accident lawyer can guide you through the process of attempting to recoup your losses.

Q: What is “product liability”, and do you handle these types of cases?

A:  People are injured on a regular basis by unsafe products.  Compensation for these injuries can be based on a number of different legal theories.  Most people are familiar with cases based upon negligence, but some product liability cases can be based upon other legal theories, including strict liability, breach of express warranty, breach of implied warranty, and failure to follow the requirements of federal and/or state laws that protect consumers.  The Kelly Law Team represents people who have been injured in these types of cases.

Q: How do I know if I have an auto accident case?

A:  As you might expect, the answer depends upon many factors.  They include who was at fault, the extent of your injuries, as well as insurance issues.  The important thing is to call a personal injury attorney who can provide you with solid advice based upon the facts surrounding the accident.

Q: What does it cost to hire a personal injury lawyer?

A:  When you retain the Kelly Law Team to represent you in your personal injury case, there is no fee unless and until we recover on your behalf.  At the outset, we will also explain to you in detail and in writing how any fees we charge will be calculated.

Q: What are some examples of medical malpractice?

A:  Medical malpractice generally consists of a doctor, a hospital or other medical professional deviating from an accepted standard of care.  The deviation could involve failing to diagnose a condition properly, making mistakes in the manner in which your medical condition was treated, or not telling you about risks that are associated with various treatment options.  The fact is that we literally trust these professionals with our lives, and when they fall short of the mark, they may be held liable for the consequences of their improper diagnosis and treatment.

Q: What can I do if I am injured at work?

A:  Assuming you are pursuing a workers’ compensation claim, you may be entitled to lost wages, medical costs, damage for certain permanent injuries, and the like.  But you may also be entitled to bring a lawsuit against others, for example manufacturers and/or suppliers of equipment that caused your injury; independent contractors; and subcontractors, among others.  A Phoenix workplace injury lawyer can tell you how you should proceed with your case.

Q: If I was injured by a dog bite, how can I prove my case?

A:  In Arizona, if you were either in a public place or lawfully in a private place, and you are bitten by a dog, the owner of the dog is strictly liable for damages.  This means that you do not have to prove that the owner was negligent, that the dog was prone to biting people, that the owner knew of the propensity of the dog to bite people, etc.  Of course, you can also sue based upon common law negligence.  But be careful about your dog bite case.  The statute of limitations, that is, the time within which you must bring your claim, is different depending upon which theory of liability you pursue.  These are matters best left to the capable hands of an experienced Phoenix personal injury attorney.

Q: How long do I have after my accident to bring a lawsuit?

A:  As a general rule, most personal injury cases must be filed within two years.  But there are exceptions to this rule.  For example, if your lawsuit is brought under a statute that creates the claim you are suing on, the statute of limitations is often one year.  Other limitations may apply if you are suing a public agency.  Still others apply if you did not discover your injury until later.  Your personal injury lawyer can tell you the limitation that applies in your case.
FAQ