Personal Injury and Wrongful Death Litigation

Burch & Cracchiolo's attorneys are skilled in negotiating and litigating our personal injury clients' claims from simple negligence cases to wrongful death and catastrophic injury claims. We are cognizant of the physical, emotional and financial strain that can result from an injury by another's wrongdoing. Our attorneys are experienced negotiators adept at resolving client claims so that additional hardship is not suffered in the litigation process. However, if satisfactory settlement is not possible, Burch & Cracchiolo's attorneys are fully prepared to present our clients' claims to a judge or jury.

Practicing Personal Injury and Wrongful Death Litigation in Phoenix, Arizona

Personal Injury and Wrongful Death Litigation

Our personal injury litigators include veteran trial attorneys who have appeared in court on many occasions and are aggressive, confident and proven advocates for our clients. We are comfortable and skilled in courtroom procedure including jury trials in state and federal court. In addition, several of our attorneys have been appointed as judges pro tem in the Superior Court.

Car and Motorcycle Accidents

At Burch & Cracchiolo, our attorneys understand the personal toll that an automobile accident can take on individuals and families. We are dedicated to helping our clients navigate the legal process and obtain the justice they deserve. If you have been involved in an automobile accident, we will work with you to investigate the accident, identify the responsible parties, and pursue a legal claim to hold them accountable. We will work with medical experts to evaluate the injuries and understand the long-term impact they have on you and your loved ones. We will be with you every step of the way, fighting for your rights and ensuring that you are treated fairly and justly.

Claims Against Indian Tribes and Casinos

Burch & Cracchiolo has extensive experience navigating the unique complexities of claims involving Indian tribes and casinos. Tribal sovereignty presents challenges in pursuing legal claims, as tribes operate under their own laws and courts. However, our attorneys are skilled in identifying legal avenues for compensation when injury or wrongful death occurs on tribal land, including cases involving casino negligence. We work tirelessly to overcome these legal hurdles, ensuring that our clients receive the justice they deserve while respecting the sovereignty and rights of the tribes involved.

Dog Bites and Animal Attacks

Dog bites and animal attacks can lead to significant physical and emotional trauma, leaving victims with lasting scars, both visible and unseen. At Burch & Cracchiolo, we represent individuals who have been injured due to animal attacks, working to hold the responsible parties accountable. Arizona law provides protection for victims of dog bites, including strict liability for owners in many cases. Our attorneys are well-versed in these laws and will fight to secure fair compensation for medical expenses, lost wages, and pain and suffering. We strive to ensure that victims are compensated for the full extent of their injuries.

Dram Shop/Liquor License Liability

Dram shop liability refers to the potential liability of bars, pubs, nightclubs, restaurants, sporting venues or even individuals who negligently provide alcohol or other intoxicating substances to already intoxicated individuals who later cause a motor vehicle accident. These cases may also involve the liability of those who serve alcohol or other intoxicants to underage individuals who then injure themselves or others. Burch & Cracchiolo has considerable experience representing parties in dram shop cases.

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Medical Malpractice and Nursing Home Abuse

At Burch & Cracchiolo, we understand the devastating impact that medical malpractice and nursing home abuse can have on individuals and families. Medical professionals and nursing facilities have a duty to provide a standard of care that ensures the safety and well-being of their patients. When that duty is breached through negligence, misdiagnosis, improper treatment, or abuse, it can result in serious injury or even death. Our experienced attorneys are committed to holding healthcare providers and nursing homes accountable for their actions. We work diligently to secure compensation for our clients, ensuring they receive justice and the resources they need to recover.

Premises Liability/Slip and Fall

If you or someone you care about has suffered a slip and fall or trip and fall that occurred on the premises of a business or property owner, there may be a claim for damages. These cases are often difficult to document and prove, so it is imperative to have a lawyer with the experience and resources to collect evidence and get results. 

In order to prove that business or property owner is liable there must be evidence that they either created the condition, or that they knew or should have known of the danger, or that it was otherwise a foreseeable and ongoing problem traced to the landowner’s business operations.

Prompt investigation and follow up is critical to and you must preserve the following evidence:

  • Photographs or video of the dangerous condition
  • Injuries attributed to the fall
  • Incident Reports
  • Eyewitness testimony
  • Prior accidents/claims history

Our attorneys have significant experience with slip-and-fall cases allowing us to investigate the circumstances of your accident and achieve optimum results.

Trucking Accidents

Burch & Cracchiolo attorneys are experienced at managing the complexities of all aspects of automobile liability and trucking/commercial vehicle liability. Our litigation attorneys offer unsurpassed trial and mediation representation in all legal areas involving claims related to auto accident property damage, personal injury and wrongful death and uninsured/underinsured motorist liability. We have a history of success in providing favorable outcomes in complex cases involving catastrophic injury and multiple deaths.

Burch & Cracchiolo attorneys represent clients in liability cases involving commercial vehicles and have extensive knowledge of the Federal Motor Carrier Safety Regulations and transportation standards of care. We are experienced in the details of accident reconstruction involving articulated commercial vehicles. Our knowledge of black box and other cutting-edge technologies allow us to advise our clients, prepare the case and resolve it most successfully.

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FAQs on Personal Injury & Wrongful Death in Arizona

Common examples of personal injury negligence claims include car accidents, slip and fall claims (also called “premises liability”cases), products liability and professional malpractice cases. Injuries that occur at work are generally referred to as “industrial” claims and are governed by worker’s compensation laws.

Under the law, if someone else causes an accident, they are liable for the medical bills as well as pain and suffering directly as a result of the accident. Remember, however, that the other person may not have any insurance, or enough to pay the bills, and sometimes there may be a dispute as to who was at fault or whether all the injuries and treatment are directly related to the accident. It is usually best to make sure your bills are covered by your own health insurance before making any legal claim. A lawyer can advise you on questions of liability, available insurance coverage as well as medical liens or rights of reimbursement.

Under the law, personal injury “damages”include past and future medical expenses, past and future lost wages as well as the “pain and suffering”you have experienced or will likely experience in the future. There is no formula or precise way to calculate pain and suffering, however, because every case is different.

If someone dies as a result of someone else’s fault, the surviving family members can bring a “wrongful death” claim. In Arizona, the only persons who can bring such a claim are the parents, the surviving spouse and the natural children of the person who died. The legal term “loss of consortium” is used to describe the loss or harm suffered by each person based on their relationship with the family member who died.

Although you are not required to have an attorney to make a personal injury claim or to negotiate with an insurance adjuster, an attorney will help you understand your legal rights. If you caused an accident or may be responsible for someone else’s injuries, an attorney will usually be hired by your own insurance company to represent you , depending on the type of claim and coverage.

For most negligence cases in Arizona, you must file a lawsuit within two years of the date of the accident or injury or it will be barred by the Statute of Limitations. Be careful, however, because some deadlines can be as short as six months, and there are different requirements for making a claim against government agencies or employees, for example, or if you were hurt on the job.

Most personal injury lawyers are paid on a “contingency fee” basis, meaning the attorney's fees will be a percentage of any settlement or financial award. Litigation costs, such as filing fees, and the cost of obtaining medical records or hiring expert witnesses, are often advanced by the lawyer, but are separate from attorneys fees, as will be explained by your attorney.

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