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The Role of Negligence in Personal Injury Lawsuits

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When you’ve been hurt in an accident, it’s natural to feel frustrated, scared, and unsure about what steps to take next. You may wonder whether you have a valid claim and whether the person or business responsible for your injury can be held accountable. In most personal injury cases, everything centers around one critical legal concept: negligence.

Negligence is the foundation for most personal injury lawsuits. It refers to a failure to exercise reasonable care that results in harm to another person. In Arizona, as in most states, proving negligence is essential to winning compensation for your medical bills, lost wages, pain and suffering, and other damages. At Alatorre Law, we work closely with injury victims to explain the law clearly, gather strong evidence, and build cases that show exactly how negligence caused their injuries.

The Four Elements You Must Prove

To succeed in a personal injury lawsuit based on negligence, you must prove four main elements. First, you must show that the defendant owed you a duty of care. Duty of care means a legal obligation to act reasonably to avoid harming others. For example, drivers have a duty to operate their vehicles safely, and property owners have a duty to maintain safe conditions for visitors.

Second, you must prove that the defendant breached that duty. A breach occurs when someone fails to act with the care a reasonable person would use in a similar situation. This could be a distracted driver running a red light or a store owner who ignores a hazardous spill.

Third, you must demonstrate that the breach of duty caused your injury. In legal terms, this is called “causation.” It’s not enough to show that the defendant acted carelessly; you must connect their actions directly to your injury.

Finally, you must show that you suffered damages as a result. Damages can include physical injuries, emotional distress, medical expenses, lost income, and reduced quality of life.

At Alatorre Law, we carefully walk our clients through each of these elements. Personal injury law may seem complex, but when broken down, it’s about telling a clear, truthful story backed by strong evidence.

How Arizona’s Comparative Negligence Rule Affects Your Case

Arizona follows a legal rule known as pure comparative negligence. This means that even if you were partially at fault for your accident, you can still recover compensation, your award is simply reduced by your percentage of fault.

For example, if you were found 20% responsible for a car crash because you were slightly speeding, but the other driver ran a red light and was 80% responsible, you could still recover 80% of your total damages.

Insurance companies often try to use comparative negligence to reduce what they have to pay, sometimes unfairly shifting blame onto the victim. That’s why having an experienced attorney is critical. At Alatorre Law, we push back against these tactics and fight to make sure the real facts and the true extent of your damages are recognized.

Why Strong Evidence Makes All the Difference

Because negligence must be proven, gathering the right evidence early is key. Medical records, police reports, photographs, witness statements, surveillance footage, and expert opinions all play an important role in demonstrating what happened and how it impacted your life.

Our team at Alatorre Law handles the heavy lifting so you can focus on healing. We investigate the accident thoroughly, preserve critical evidence, and build a clear, persuasive case showing the other party’s negligence. Whether negotiating with insurance companies or preparing for trial, we are committed to telling your story in a way that demands justice.

Negligence Isn’t Just a Word

When someone else’s carelessness changes your life, you deserve accountability and a path to rebuilding what was lost. Understanding the role of negligence in a personal injury case is the first step toward protecting your rights and securing the compensation you need.

At Alatorre Law, we are here to make the legal process clear, to stand up for you against powerful insurance companies, and to fight for the full and fair recovery you deserve. If you’ve been injured and believe someone else’s negligence was to blame, contact us today for a free consultation. Let’s take the next step forward, together.

Facing Legal Challenges? Call the Lion of the Courtroom Today.

When you’re in a fight, you need a fierce advocate on your side. Javier Alatorre is the lion of the courtroom, this is his territory, and he’s ready to protect and defend you with confidence and skill. Whether you need guidance for a DUI, criminal charges, or other legal concerns, our team is dedicated to protecting your rights and fighting for the best possible outcome.With over 20 years of experience and a client-first approach, we take the time to listen, educate, and advocate on your behalf. Your future matters, and so does your peace of mind. Don’t wait, contact Alatorre Law today for a free consultation or give us a call at (520) 377-7726. Let us provide the support and legal expertise you deserve.

Why Choose Javier Alatorre and his legal team?

  • Relentless Defense: We don’t just take cases; we take ownership of your fight.
  • Unmatched Expertise: Over 20 years of experience in criminal defense, family law, and civil litigation.
  • Always Accessible: 24/7 communication because your case doesn’t wait, and neither do we.
  • Proven Results: From courtroom victories to life-changing settlements, we win when it matters most.
  • Bilingual Advocacy: Fluent in Spanish, breaking barriers and delivering justice for all.
Don’t settle for second-best when everything is at stake. Choose Javier Alatorre and his team, the defenders, fighters, and advocates you deserve. Call now for your free consultation and take the first step toward reclaiming your life, your family, and your future. Justice starts here.

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We provide a comprehensive range of legal services, addressing both criminal and civil matters. As an experienced criminal defense lawyer with over 20 years of practice, Javier Alatorre is committed to offering personalized and strategic representation across various practice areas to help our clients achieve the best possible outcomes.

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1 S Church Ave, Suite 115
Tuscon, AZ 85701

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(520) 377-7726

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Contacting Alatorre Law, P.C. by phone, email or through the contact form on this website, does not establish nor create an attorney-client relationship. Any information sent is not protected by the attorney-client privilege.
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