Personal Injury

Personal injury cases involve incidents where someone suffers physical or emotional injuries as a result of the wrongful act of another. Automobile collisions are among the most common types of personal injury cases. Other examples include pedestrian or bicycle accidents, medical malpractice, negligent road maintenance, trucking accidents and, in some circumstances, injuries on the job. The Mercaldo Law Firm has successfully concluded hundreds of personal injury cases throughout the state of Arizona.

There are several items of damages that can be recovered in personal injury cases. The medical expenses for treating the injuries can be recovered. An injured person can recover money to replace income they would have earned at their job or business if they had not been wrongfully injured. These claims can include medical expenses and lost income the injured person can prove will probably occur in the future because of the injuries caused by the wrongful act.

An wrongfully injured person can also recover damages for pain and suffering. This damage is designed to compensate the injured patient for having to endure the pain and suffering from the injury caused by the wrongful act. Disfigurement and disability are damages related to pain and suffering. Damages for disfigurement and disability are to compensate for the physical and emotional distress caused by disfigurement or disability.

Damages for pain, suffering, disability and disfigurement are assessed in light of the nature, extent and length of time the injury lasts or will last into the future. These damages usually account for the majority of damages an injured person recovers.

Sometimes a person is so severely injured that he or she cannot care for and support loved ones the way he or she did before the injury. In appropriate circumstances, Arizona law permits damages to be recovered by spouses, children and parents of negligently injured people for the loss of the love, care, affection, companionship and other pleasures of the family relationship that are lost because of the injury. For example, a minor child whose mother is disabled suffers a significant loss because the mother’s disability prevents her from being actively involved in raising the child. The child in that case can recover damages to compensate for that loss.

Determining which damages can be recovered in a personal injury case requires a careful examination of the facts, and the legal and medical issues involved in each case. You should consult with a qualified lawyer if you suspect you have been wrongfully injured so that the lawyer can thoroughly and properly evaluate which damages you may be entitled to recover in your particular situation.

Example Personal Injury Case

Wrongful death of 34 year-old Mexican national working in the United States. Survived by wife and two minor daughters.

For more information about personal injury cases see our FAQ section.