Personal Injury FAQs
The Tucson personal injury lawyers of Russo, Russo & Slania, P.C. receive many questions about the practice of personal injury law. Here, we will attempt to answer the questions we see most frequently. If your question is not answered here, please contact us at (520) 529-1515 to speak with an attorney regarding your specific situation.
What are Arizona’s statute of limitations laws?
Statutes of limitations are placed on personal injury cases in order to preserve the integrity of the case, witness testimony, and related evidence. This simply means there is a limit on the amount of time you have after your accident to file your case. In Arizona, personal injury cases have a two-year statute of limitations; the only exception is false imprisonment cases, wherein a plaintiff has 1 year to file suit. In regards to business practice, the statutes of limitations vary according to case type. For example, written contract disputes have a six-year statute of limitations, while collection of debt cases have a three-year limit. For information on the statute of limitations for your case, reach out to our legal team at (520) 529-1515.
Is there another basis for liability in personal injury cases besides negligence?
Yes. Some cases operate under strict liability, meaning a plaintiff does not have to prove that a person, company, or entity was negligent to accrue damages. For example, someone injured in a case involving defective airbags does not need to prove negligence on the part of the dealer or manufacturer to receive compensation. Other strict liability cases may include dog bite injury, dangerous drugs, and abnormally dangerous activities (such as involvement with explosives).
What is the difference between comparative and contributory negligence?
Comparative negligence is a standard by which liability can fall on both parties. While one party may be found a certain percentage responsible for injuries, a plaintiff’s actions may also warrant some liability—this can prevent a plaintiff from recovering full restitution. In contrast, under contributory negligence, if it is proved that the plaintiff’s negligence contributed to the accident to any extent, the plaintiff is barred from accruing any damages from the defendant. Only a handful of states abide by the contributory negligence standard, including Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.
What damages can I recover in a personal injury accident?
When you are injured in an accident due to the negligence or recklessness of another party, you may be entitled to recover compensation for the damage caused. There are certain damages that are associated with personal injury cases, but typically, the damages you fight to recover depend on the circumstances and vary from accident to accident. In general, you may be able to recover for damages such as pain and suffering, disfigurement, disability, present and future medical expenses, and loss of income. If you are considering filing a personal injury claim, contact an attorney at the Russo, Russo & Slania, P.C. to evaluate your case and determine what damages you should fight to recover.
Who is liable in a truck accident?
Determining liability in a truck accident can be quite complex because quite often more than one party can be faulted for the accident. Truck drivers have the same duties of care and obligations to follow the law as every other driver on the road. Additionally, truckers must also comply with specialized regulations for operating a large commercial vehicle. When a driver neglects their responsibilities and regulations, they are putting others well-being at risk and are at least partially liable for any accident that may occur. Trucking companies that employ drivers also have duties of care and safety. They are responsible for providing adequate training and supervision as well as making sure vehicles are in safe conditions for driving. If trucking companies do not properly supervise their employees, they may be liable for accidents caused by their employees. Finally, truck manufacturers are responsible for building a safe and properly functioning vehicle. If a vehicle malfunction leads to an accident, the truck manufacturing company may be held liable. To determine whom exactly you should be filing a claim against, contact an attorney of the Russo, Russo & Slania, P.C..
What is a “no-zone” in a trucking accident?
Just like passenger vehicles, large commercial trucks and 18-wheelers have blind spots. In their case, these blind spots are called ‘no-zones’ and encompass a much larger area. A truck’s no-zones include a small area right in front of the truck, a large rectangular area directly behind the truck, and triangular areas behind the passenger and driver side windows. When a driver moves into these areas, it is difficult for a truck driver to see them, which increases the chances of an accident occurring. If a truck driver fails to check their no-zones before turning or changing lanes, and they hit you, you may be entitled to financial compensation. To learn more about the steps you should take in seeking compensation, contact the attorneys of the Russo, Russo & Slania, P.C..