You should use your phone camera to take photographs of the unsafe property conditions that caused the accident. It is important to document the unsafe conditions before they are repaired. If you pursue a premises liability claim, the medical report and photographs of the unsafe conditions and your injuries may provide evidence to support your claim for compensation.
See Automobiles – Personal Vehicles for information about how you are insured when driving personal vehicles to conduct University business. If you are using your personal vehicle to conduct University business and you are in an accident you must still report the accident to the University as described above. However, since your coverage comes from your personal automobile insurance policy, you must also contact your own automobile insurance company and advise them if someone has been injured or there has been third party property damage.
Every personal injury lawsuit is unique, but there are common elements that every person suing (called the plaintiff) and the person being sued (called the defendant) can expect to encounter. This article discusses the major litigation landmarks and processes the plaintiff and defendant can expect, from the beginning of the lawsuit to its resolution.
When a foreign substance which can become a hazard is one that is naturally occurring, such as ice, snow, wet leaves, etc., and when the accumulation is not the fault of the landowner, the owner is under no duty to discover and then remove the hazard unless there is evidence that this had become an obvious hazard. This does not mean that a land owner or occupier has no duty to inspect its premises – it still has the duty to inspect. If a reasonable inspection had uncovered a hazard caused by the natural accumulation of ice, for instance, then the owner will still have liability for its failure to inspect. Such an inspection must be a thorough one and an owner cannot get by with a perfunctory review of its premises. There is no bright line test as to what constitutes a reasonable inspection – it will depend on many factors that are examined on a case by case basis.
Patty is a pedestrian who is crossing the street at a crosswalk. Dave is a driver who fails to stop at a stop sign and hits Patty in the crosswalk, injuring her severely. Patty experiences significant pain and suffering, and incurs medical bills after treating her injuries. Patty sues Dave, and wins her personal injury lawsuit because she proves that:
Settlements can also benefit the defendant if there is a reason they’d like to stay out of the public eye. For example, if only a few people are injured by a defective product, the company may like to keep major publicity away. When drafting the settlement, the defendant company may include a confidentiality requirement that the plaintiff would sign. In exchange, the company may be more likely to offer a larger settlement amount.
Arizona awards compensation for personal injury and property damage cases based on the rule of “comparative negligence.” Under comparative negligence, a jury will determine the level of fault both parties played in causing the accident. If you have filed a claim for $1,000 and it has been determined that you were 20 percent responsible for causing the accident, you would be awarded $800.