Arizona is well known for its rocky terrain, and hiking or being out in nature is a favorite pastime for many. However, with the outdoor adventures come the potential hazards, such as falling rocks or debris. If you were unfortunate enough to get injured due to these falling hazards, you may be wondering if you can file a personal injury claim to cover the cost of your damages. The short answer is yes, but let’s dive deeper into the details.
Determining Liability
The first thing to consider when filing a personal injury claim is determining the liable party. If you were hiking on private property, the owner of the land may be liable for the injuries you sustained. If you were hiking on public land, it may be the responsibility of the government or park management to protect visitors from falling rocks or debris.
In some cases, the fault may lie with a construction company or a third-party contractor that may have caused the rockslide or debris to fall. It’s essential to consult with a personal injury attorney who can determine the responsible party and help you to develop a case against them.
Statute of Limitations
It’s important to file your claim as soon as possible, and this is because there is a time limit for filing personal injury claims. Arizona law states that you have two years from the date of the accident to file a claim. Failure to abide by this timeline may result in the forfeiture of your case, so it’s critical to seek legal advice right away.
Negligence
The legal definition of negligence is the failure to exercise reasonable care or the appropriate action that a reasonable person would have taken to prevent harm to another person. Negligence can occur in many situations, including falling rocks or debris.
Examples of negligence include failure to secure loose rocks in construction areas, inadequate signage, and failure to clear hiking trails after rockslides or other debris. Your attorney will investigate the circumstances and decide if the case will move forward based on the grounds of negligence or not.
Proving Fault
Proving fault in a personal injury case is critical. The burden of proof lies with the plaintiff, meaning the person who was injured. To prove fault, the plaintiff must demonstrate that the responsible party had a duty of care to prevent the harm, and breached that duty of care. Additionally, the plaintiff must show that the breach of care was the cause of the injuries sustained.
Proving fault in these accidents can be challenging, and it’s important to retain the services of an experienced personal injury attorney. An attorney will be able to help you construct your case and employ the right experts, such as engineers, to prove fault.
Compensation
Compensation for personal injury claims varies, and it’s dependent on several factors. The extent of the injuries sustained, the type of damages (such as medical expenses, lost wages, pain, and suffering), and fault will determine the amount of compensation you can receive.
Consult with a Personal Injury Attorney
If you were injured by falling rocks or debris, you may be entitled to compensation for your damages. Scheduling an appointment with a personal injury attorney will help you understand your legal options and bring legal action against the responsible party.
The personal injury lawyers at Harris & Graves, P.A. can evaluate your claim, determine fault, and help you get the compensation you deserve. Contact us today to schedule a free consultation.