This blog is a little about the law so here’s another pointer. I have been getting a lot of calls lately and people are surprised to know that they do not have a personal injury claim. In order to have a valid personal injury claim in Phoenix you have to prove that someone is negligent. The law regarding personal injury law in Arizona is actually quite complex so this blog will just touch on the outer surfaces of accident injury and wrongful death law in Phoenix Arizona.
The following are two real calls I got this week. The first call was from a man who was helping his friend repair his motorcycle. The caller said he broke his ankle when he went to kick on the starter. He wanted to know if he could sue his friend because it was his motorcycle. In order be successful in an injury lawsuit, you have to show that the person you are suing is at fault – that they are “negligent.” I asked the caller if the friend did anything wrong at all and he said no. Therefore, I explained to the caller if the friend was not negligent, the lawsuit would not be successful. Also, remember even if the friend was at fault, in reality, although the friend’s name appears on the claim paperwork or lawsuit paperwork, it is the insurance company that generally pays.
The second call I got was a woman who fell at her friend’s house. She wanted to know if she had a claim. She said she basically fell over her own feet. In this instance, again, the friend was not negligent. Just because you are at someone else’s house and get hurt does not mean you have an accident injury claim. If the friend did not do anything wrong then there would be no negligence wich would mean you would not have a valid personal injury claim in Phoenix Arizona. As a side note the friend may have on her homeowner’s policy something called “medical payment coverage.” Medical payment coverage commonly called “med pay” can be used for medical bills and can be collected by the person who fell regardless of fault.
As we say at the end of all out “little about the law blogs” this is not to be considered legal advice. Every circumstance is different.
Posted by The Husband and Wife Law Team Phoenix Arizona accident injury attorneys
