An accident can leave you with debilitating injuries, including broken bones, disfigurement and paralysis. What’s more, these physical ailments can take a toll on victims emotionally, leading to depression, post-traumatic stress disorder and other psychological problems. In personal injury cases, this emotional toll is known as pain and suffering. The amount of pain and suffering a victim has experienced as a result from an accident is factored into the amount of damages awarded in a personal injury suit.

The courts consider many factors to determine the amount of pain and suffering incurred by a plaintiff. The following are just a few questions asked to assess pain and suffering:

• How severe are the plaintiff’s injuries
• Did the injuries result in permanent disfigurement, paralysis or amputation?
• How likely is the plaintiff to fully recover from his or her injuries?
• What is the level of pain associated with the plaintiff’s injuries?
• How do the injuries affect the plaintiff’s everyday lifestyle?
• Do the injuries prevent the plaintiff from ever working again?
• Do the injuries prevent the plaintiff from returning to his or her previous job?
• Do the injuries require long-term medical treatment?
• Do the injuries require the plaintiff to take pain medications?
• Did the plaintiff follow the prescribed course of medical treatment?
• Are the plaintiff’s actions are consistent with those of a person who is in pain?

Because pain and suffering is subjective, the amount of compensation will vary from case to case. The courts will look over medical records, testimony from the plaintiff, testimony from the witnesses and more evidence to help make their decision. Keep in mind that some states have limits on the monetary amount plaintiffs can be awarded in a personal injury case. In Arizona, however, there are no limits to the amount of damages accident victims can receive.

If you’ve been injured, the personal injury attorneys at Skousen, Gulbrandsen and Patience can help you determine what could constitute pain and suffering in your case. Consult with us today.

Imagine you’re sitting at a traffic light. Then, out of nowhere, a car hits you from behind, suddenly propelling you forward. Even with your seat belt fastened, your neck quickly whips back and forth, leaving you with pain and stiffness for weeks, months and even years.

This describes whiplash, an injury caused by overextending the soft tissues in the neck through excessive force or motion. Though auto accidents (specifically, rear-end auto accidents) are the most common cause of whiplash, slips and falls, sports injuries and assault can also lead to this painful condition. If you’re suffering from whiplash due to an accident, it’s very important that you proceed carefully to avoid further injury and get the compensation you deserve.

Depending on the severity of the condition, whiplash can cause a variety of symptoms, including:

• Neck pain
• Neck swelling
• Neck tightness/stiffness
• Muscle spasms
• Limited range of motion in neck
• Headaches
• Dizziness
• Balance/Equilibrium problems
• Shooting pains in neck
• Difficult concentrating
• Memory problems
• Blurred vision
• Ringing in the ears
• Difficulty sleeping
• Irritability

Although some whiplash symptoms will show up immediately following after the accident, others may not show up for hours or even days. Whenever the symptoms of whiplash appear, it’s important to seek proper medical help immediately. If left untreated or treated improperly, whiplash can worsen, leading to more serious and permanent injury. For best results, visit a medical specialist to get a more specific diagnosis and treatment.

If you’re suffering from whiplash due to an accident, don’t hesitate to contact the personal injury law team at Skousen, Gulbrandsen and Patience. Our accident attorneys will fight to help you receive the compensation to which you are entitled to under Arizona law.

Do you know what IME stands for or what statute of limitations means? Do you know exactly what tort law entails? Don’t be embarrassed if you aren’t familiar with any of these terms. Like any field, personal injury law involves jargon laymen might not know. Here’s a glossary of terms you might happen across if you become involved in a personal injury suit:

Affidavit: A written statement made under oath.

Arbitration: Alternative to trial in which the parties involved agree to appoint an individual or panel to make a binding award or decision based on the evidence and testimony presented.

Bad Faith: Actions by an insurer designed to mislead an insured; refusal or negligence of insurer in fulfilling some duty or contractual obligation.

Brief: A written document prepared by an attorney to serve as the basis for a legal argument. It includes a summary of legal points and precedent, along with arguments to be presented to the court deciding the case or a particular issue of the case.

Civil Law: Law developed by governmental groups including statutes, regulations and ordinances enacted by legislative bodies such as Congress, state legislatures, county and city officials. Different than laws based on custom.

Claim: A demand for compensation.

Comparative Fault: An affirmative defense available to the defendant. Reduction of the plaintiff’s recovery in proportion to the percentage of negligence or fault attributed to the plaintiff.

Complaint: A formal statement filed by the plaintiff with the court that sets forth his/her injuries and damages and why he/she believes the defendant is liable.

Common law: Body of law developed over a long period oftime which derives its authority solely from usage and custom.

Decree: A judgment or order issued by a court.

Default Judgment: When a defendant fails to formally answer a plaintiff’s complaint in a timely manner, the plaintiff may ask the court to enter a judgment against the defendant.

Demand Letter: A letter expressly stating a legal right and an amount due as reasonable compensation for injuries to person and/or property.

General Damages: Monetary compensation for pain and suffering, disability or reduction in quality of life.

IME: Insurers refer to this as an “independent medical examination.” Attorneys representing injured people refer to this as an “insurance medical examination.” An insurer may require the injured person to attend an IME under the provision of the Personal Injury Protection (PIP) Policy or by a defendant after a lawsuit is filed in court. In either instant, the insurance company selects the doctor of their choice and pays for the examination.

Liability: Responsibility or fault for an incident resulting in injuries and damages to person and/or property.

Motions in Limine: Motions lawyers file to limit evidence in trial they deem to be detrimental or immaterial.

Negligence: Failure to exercise ordinary care or caution.

Premises Liability: A body of law focused on occurrences on property or land. Often mentioned in slip, trip and fall cases.

Proximate Cause: Refers to a cause which leads directly, or in an unbroken sequence, to a particular result. An element of negligence.

Statute of Limitations: A limited time period whereby a party can sue. In Arizona, accident victims generally have up to two years from the date of the accident to take action against a liable party.

Strict Products Liability: Body of law dealing with defectively designed, manufactured or unreasonably dangerous goods.

Tort Law: Tort means “wrong” in French. Body of law which determines rights and liabilities when property is damaged or a person is injured, through negligent or intentional conduct.

Vicarious Liability: A legal notion that infers responsibility to an employer for wrongful acts of an employee. Also sometimes called imputed liability.

Have a question about a legal term? The personal injury attorneys of Skousen, Gulbrandsen & Patience, PLC have the answers. Give us a call today.

Auto accident cases can get very complicated, depending on the amount and types of damage, parties involved and myriad other complexities. If you’ve been the victim of an auto accident, there are certain things you must do following an auto accident to make sure you get the compensation to which you are entitled. In the same measure, there are several things accident victims can do to damage their case. Here are a few things NOT to do following an auto accident:

1. Not exchanging information with the other driver involved in the accident. One of the first things you want to do if you’ve been involved in an auto accident is exchange information with the other parties involved. Having this information will greatly simplify the auto insurance claim process. Be sure to get the driver’s name, address, phone number, insurance company, policy number, driver’s license number and license plate.

2. Not seeking medical attention immediately after the accident. Be sure to get checked out by a medical professional following an accident. This is the best way to have a trustworthy record of your injuries as a result of the accident. Without this important documentation, it could be difficult to prove an injury claim.

3. Not moving on your auto accident claim soon enough. There are statutes of limitations in auto accident cases. In most cases in Arizona, you have two years to file an auto accident claim. In cases that involve the government, you have six months to follow a claim. Waiting too long to file can mean forfeiting your claim, regardless of fault.

4. Not taking insurance investigations seriously. Following your accident, the insurance adjuster of the at-fault insurance company will conduct a thorough investigation of the accident. Always keep in mind that the adjuster works for the insurance company. Essentially, it is his or her job to find anything that would prevent you, the victim, from receiving the maximum settlement amount. In these investigations, always tell the entire truth about the details of the accident.

5. Signing away your rights. Do not sign anything without having your lawyer review them first. Signing even innocent-looking papers could give the insurance company access to your private medical records and could curtail the investigation.

6. Revealing too much information online. Defense attorneys and insurance adjusters scour Facebook, Twitter, blogs and other websites to find information that could damage your case. If investigators find anything posted online that indicates you’re not as injured as you claim to be, it can be used against you in court.

7. Not properly documenting your damages. If you’ve been in an accident, it is in your best interest to provide as complete of a picture as possible of the damages resulting from your accident. Get doctors’ notes and medical records, obtain multiple repairs estimates, take pictures and videos of your car damage and/or injuries – anything and everything that will make your case rock solid. To help you keep details of the accident straight in your mind, it might help to even keep a journal.

8. Not Communicating with your lawyer. In auto accident cases, it’s very easy for accident victims to unknowingly do the wrong thing and end up with a smaller settlement, or worse, no settlement. For best results, call your car accident lawyer with any questions you have, and definitely before taking action on something that could significantly impact your case.

The experienced Arizona auto accident lawyers at Skousen, Gulbrandsen & Patience, PLC, can help you avoid these costly pitfalls. For a free initial consultation, contact us today.