Phoenix Personal Injury Lawyer: Taking On Anyone Who Wrongly Injures You

Phoenix personal injury lawyer, your personal injury lawyer who is not afraid to take on anyone, including the government, if they are liable for wrongly injuring you.

If you or a loved one has been injured by an employee or official of the state, county, municipality in Arizona, you need the best kind of legal representation you can get. A Phoenix personal injury lawyer will fight for you, no matter who the party opponent may be. A Phoenix personal injury lawyer has the experience necessary to take on any opponent in the field of personal injury, and can help you maximize your chances of recovering the maximum damages permissible by law.

It is well-established that everyone has rights when they are wrongly injured by a private party. That is, essentially, what civil lawsuits are for. But, what about when the actor is an employee or official of the government in Arizona? Does the injured party have the same legal rights to bring forth a claim against a governmental entity? There is a law called "vicarious liability" that imposes liability to an employer when a third person is injured by an employee during the normal course of employment.

Like any law, "vicarious liability" is riddled with exceptions (and limitations) to the general rule (e,g., was the cause of the injury intentional as opposed to accidental or negligent?) Generally, vicarious liability is limited to negligent acts by the employee, rather than intentional. Of course, if the type of employment is one where force is to be used, however, the employer may still be liable for the employee's intentional act (e.g., a bouncer that uses excessive force on a customer).

Despite the abovementioned law, the picture can get a bit murky when the employee is an employee of the city, county or state. Generally, the state is immune from private lawsuits, but there are exceptions to this rule. In Arizona, state government immunity has been abolished, as has that of municipalities and other lesser state government entities.

Thus, it follows that, in order to establish a negligence case against the state government or their agents, the plaintiff must demonstrate: (i) that the defendant owed a duty to the plaintiff; (ii) a breach of that duty; and (iii) an injury proximately caused by such breach. Moreover, a government entity may be liable for the gross negligence of its law enforcement and criminal justice personnel in their official duties. For more information on negligence cases, consult your Phoenix personal injury lawyer.

Governmental immunity may be different from state to state, largely based on local case law. At a federal level, however, the Federal Torts Claims Act provides a limited waiver of the federal government's sovereign immunity when its employees are negligent within the scope of their employment. Additionally, the government may only be sued "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred" pursuant to 28 U.S.C. S 1346(b).

Thus, the Federal Torts Claims Act does not apply to conduct that is uniquely governmental, that is, incapable of performance by a private individual. For an in-depth discussion of how the Federal Torts Claims Act may impact your case, contact your Phoenix personal injury lawyer.

No matter how complicated your case may seem, if you have been injured by anyone, consult with your Phoenix personal injury lawyer as soon as possible to determine whether your claim holds water. To increase your chances of success, you may want to consider hiring a certified Phoenix personal injury lawyer, as they have the expertise necessary narrowly tailored for personal injury cases. As part of the certification process, a certified lawyer has already had several years of experience handling personal injury cases, in addition to proficiency in the theory and practical aspects of the field.