Sometimes an injury is suffered and the person who gets hurt does not know who is at fault. On the other hand, a less common situation occurs when a person has clearly been injured by someone else’s negligence and may have the right to bring a personal injury claim; however, there were two different incidents that caused, or may have caused, the injury.
Experienced Phoenix trial lawyers are all too often required to help the families after a child has been seriously hurt in an auto accident. Usually, this involves just one driver who caused the accident. However, a recent report showed a child who was hit by two different cars, one right after the other in an example of how serious children’s injuries in Arizona can be. Fortunately for everybody involved, it appears that this particular child is going to be okay. That is the best possible news.
Handling serious personal injury cases for children is about the most difficult thing a lawyer can do. The difficulty does not only relate to the complicated legalities, such as trying to predict future medical care for a young child, the cost the family will need to pay for future medical care that is unknown at the child’s young age. Concerns also include future money or loss of abilities to do certain jobs before the child is even out of school, and other complicating legal factors.
By far, the hardest part for all skilled Arizona auto accident lawyers in helping children with personal injuries is understanding the severity of what that child has gone through. A good lawyer must be active in answering the family’s questions, be there for the child, and do everything possible to make sure justice is done legally for the child’s well-being. Unfortunately, there are limits to what a lawyer can do. Lawyers that claim they can do more than help through the means of the law are usually being somewhat misleading in terms of what they are saying.
Lawyers can help out in many ways. They can make sure that somebody is brought in to help with the school issues that arise when a child has been severely hurt. A lawyer can be there to help a family with the financial issues of medical bills that may be arising after a child has been seriously injured. A top Arizona personal injury lawyer can do more than just help with personal injury law.
But what would happen in those situations? An example is from the article where two different cars may have both been partially at fault for causing the child’s injury in Phoenix. It is the responsibility – called the burden of proof – for the plaintiff to show which at-fault party caused which percentage of the injuries. When two different cars strike somebody one right after the other, trying to divide the injuries between the two defendants may be impossible.
The Arizona courts address this in a case called “Piner v. Superior Court” where they decided that there is an indivisible injury rule. In these cases where the incidents happen so close together as to preclude any ability for a plaintiff to distinguish between which defendant caused which percentage of the injury, both defendants are responsible. Since Arizona is a comparative fault state, it is a near certainty that the defendants will do everything possible to avoid the Piner case and the Piner rule. This is why it can be so important to have experienced Phoenix personal injury lawyers at the side of somebody who has to face experienced insurance company lawyers on the other side. Particularly where it is difficult to determine which person caused which extent of an injury, it is necessary in most cases that a top injury lawyer is consulted by that party.
If you or anyone you know has questions about this serious child injury case or any other issue, don’t just guess at the answer. Don’t count on the other side, who is trying to avoid paying fair compensation in order to increase their profits, to give you a straightforward answer. There are many good lawyers throughout Arizona who can help you. At Breyer Offices, P.C., we are always happy to provide honest answers to any questions related to this or any other issue involving personal injury or wrongful death in Arizona. Call us today at 623-930-8064.