What qualifies as a personal injury?
A personal injury is defined as damage caused to a person’s body, rather than damage to property. When you go out into public or buy a product, you have a certain trust of quality and safety. When that trust is breached and you are injured as a result of someone else’s negligence or wrongdoing, you may have the grounds for a personal injury lawsuit. At Rabb & Rabb, PLLC we have handled a wide range of personal injury cases, from vehicle accidents and product liability to medical malpractice and slip and fall accidents. If you have been hurt by another person or institution, give us a call at (520) 888-6740 to speak with our experienced personal injury lawyers.
How long do I have to file a personal injury claim?
There are restrictions to how long you have to file a claim if you have been injured by another party, known as a statute of limitations. In Arizona, you have two years from the date of the incident to file. There are exceptions to this rule, however. For example, if you have sustained “hidden” injuries as a result of the accident that aren’t apparent until later, the two-year period may begin at the time you discover these subsequent injuries. For cases involving a city or county in Arizona or the state itself, the statute of limitations is much more strict – 180 days to file a formal claim, and one year to file a lawsuit. Every case is different, however, so it’s recommended you speak with a lawyer as soon as possible following the incident.
What are damages?
Sustaining a serious injury creates a ripple of problems in the injured person’s life. When a person is injured by another party’s negligence or wrongdoing, he or she may receive compensation in the form of monetary damages to cover medical bills, expenses related to loss of work wages and emotional damages, known as pain and suffering. There is no guideline or set amount for how much damages will amount to, and they vary depending on the specifics of the case. At Rabb & Rabb, PLLC we are dedicated to fighting for our clients to ensure they receive every penny they’re entitled to. We’ll work alongside you so you can focus on feeling better.
Do I have to file a lawsuit to receive compensation for my personal injury?
In most cases, personal injury claims are settled outside of court, without a lawsuit. A majority of cases are settled without ever seeing a courtroom by negotiating with the insurance companies of both involved parties. There are times, however, where the other party refuses to be held responsible for the accident, or when an insurance company is being difficult. This is when litigation may be necessary, and having a good personal injury lawyer on your side will be your best bet at getting the compensation you deserve. No matter the circumstance, if you have been injured, seek medical attention first and then call Rabb & Rabb, PLLC.
What if the injured person is unable to file a lawsuit?
If someone has been significantly injured in an accident to the point of being incapable of making decisions, a third party may be able to file on behalf of the injured individual. This can be a close friend or family member, or a licensed Arizona personal injury attorney. Those who have been harmed indirectly by the injury may also have a valid cause of action to file. When you bring your case to us, we will help you determine who may be able to bring a lawsuit.
What is railroad law?
Railroad law is litigation regarding highway and railroad grade crossings and occupational injury under the Federal Employers Liability Act (FELA). There is no worker’s compensation for railroad workers, which is why the occupational injury portion of railroad law is so important. Under FELA, railroad employees may sue their employer for injuries suffered while working. Managers and railroads will do whatever it takes to protect themselves when an injury occurs. Because of this, it’s up to the employees to protect themselves by documenting everything and consulting a railroad litigation lawyer in the event of a significant injury while working.
What is FELA?
The Federal Employers Liability Act, or FELA, is a federal law that was enacted in 1908 to protect railroad workers that have been injured on the job. Because there is no worker’s compensation for railroad employees, FELA is an important resource for workers. It is a fault-based system that requires an injured worker to prove that the injury was caused by negligence on part of the railroad. This can be difficult to do, and as a result employees have to be diligent in recording as many details as possible about the incident to have the best chance of receiving compensation through FELA.
What should workers know about railroad law?
The most important thing to understand about railroad law is that you have to be the biggest advocate for your own protection. Even before an injury happens railroads are actively looking for various ways to limit their responsibility for injuries on the job. Railroad management gauges the success of their programs on how much money they are able to save their claims departments, which too often develops into a contradiction between creating a safe work place and maintaining production. Consequently, railroad “safety programs” largely ignore this contradiction, and instead institute disciplinary programs in place of a true safety program for railroad workers. Don’t let yourself be taken advantage of – if you have been injured on the job, don’t hesitate to call Rabb & Rabb, PLLC to represent your case.
What should railroad workers do if they have been injured on the job?
Because there is no worker’s compensation for railroad workers aside from the Federal Employers Liability Act (FELA), it’s imperative that employees who are hurt on the job collect as much information as possible about the incident – photographs, witness testimonials, documents, anything that could be used to create a lawsuit if one needs to be filed against the railroad. Speak to a licensed Arizona railroad law attorney to see if you have grounds to file a claim in order to receive compensation for your injuries.
Why should I choose you to handle my railroad law case?
Attorney Lloyd Rabb began working on the Arizona railroads when he was 19. He’s experienced the dangers and difficulties railroad workers face firsthand, and knows what to look for when it comes to litigation. Very few firms know railroad law like Rabb & Rabb, PLLC does, and no one puts it into practice better. We are union-appointed and trusted, and for years Lloyd Rabb has used his extensive knowledge and experience in railroads, train operations, signal systems and track maintenance to represent railroad employees who have been injured at work. That experience and knowledge is further enhanced by his long membership, directorship and presidency with the Academy of Rail Labor Attorneys, a national organization. If you’re seeking a lawyer with special qualifications related to railroad law, look no further than Rabb & Rabb, PLLC.