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May 3, 2018

Personal injury occurs when an individual injures their body, mind or incur emotion pain. Although legally the most common type of personal injury claims involve traffic accidents, individuals may also seek out claims for personal injury accidents sustained at both work and home, tripping accidents, assault accidents, wrongful death, product defect accidents, medical malpractice and even holiday accidents. If individuals can prove that their sustained personal injury was a result of the negligence of another party, then they may be entitled to monetary compensation. Most personal injuries fall under a legal term known as a tort.


A tort is essentially a civil wrong – when an individual has violated their duty to others as established under general law, a tort has been committed. Specifically, a tort has been committed when an individual, either deliberately or carelessly, causes harm or loss to an individual and/or their property.

Generally, legitimate tort lawsuits should contain four crucial elements: The presence of a legal duty owed by one individual to another, a breach of duty by that individual, the “proximate cause” of damages suffered by the other individual being attributable to that breach of duty, and any resulting damages sustained by the individual. Because personal injury is a type of tort, individuals injured by a tort are entitled to compensation for loss of earnings, pain and suffering, and medical expenses.


Several specific types of torts exist, with the most common being:


Intentional torts occur when the tortfeasor, or an individual who commits the tort, commits a deliberate or intentional act. In order to a lawsuit to be successful, the individual must prove that the tortfeasor acted in substantial certainty of knowing that an injury would result due to his or her actions. Common examples of intentional torts are trespassing, assault, and battery.


Negligent torts, the most common type of tort, occur when an individual fails to act as a reasonable person to another individual that he or she owes a duty to, which subsequently results in an injury. In order for a lawsuit to be successful, the injured party must prove that the tortfeasor owed a duty to them, and violated it, which resulted in them being injured. The injured party must also establish that the injury was a foreseeable result of the tortfeasor’s actions. Common examples of negligent torts include medical malpractice, auto accidents, and slip and fall accidents.


Strict liability is a legal doctrine in tort law, which makes an individual responsible for any damage or loss that is a result of his or her actions regardless of fault or intent. Strict liability commonly applies to activities that are inherently dangerous, i.e. dog bites, storing hazardous materials, and defectively manufactured products or drugs.


Personal injuries may also result from dangerous or defective goods or products. Products liability refers to the area of law concerning the liability of manufacturers and sellers of dangerous or defective goods and products. Under products liability laws, manufacturers, distributors, suppliers, and retailers can be held responsible for any injuries incurred as a result of using those products. Three different categories of products liability claims exist: Manufacturing defect, design defect, and failure to warn.


With manufacturing defect claims, injured customers are not required to prove negligence, meaning that the manufacturer is legally held responsible for allowing a defective product to enter the marketplace. Thus, if a consumer is injured by a defective product, he or she may seek out legal monetary compensation from the manufacturer.


With design defect claims, design defects are considered to be intentional, because the defect is inherent in the design of the product. If a consumer uses the product in an intended manner, and is injured by the product, then the consumer may be entitled to compensation from the company responsible for designing the flawed product.


Manufacturers are required to warn consumers about known dangers, and can be found negligent if the warning is inadequate, manufacturers fail to warn consumers about all known risks, or if the warning is not adequately brought to the attention of the consumer. If a consumer is injured by a product because the warning label was non-existent or inadequate, the consumer may be entitled to monetary compensation from the manufacturer of the product.


Because so many types of personal injuries fall under a variety of different torts, individuals should seek out an experience personal injury attorney if they wish to put forth a lawsuit against another individual or company. An experienced personal injury attorney will be able to decide if the lawsuit has substance, and will also be able to gather evidence to build a strong case accordingly. In most cases, a structured settlement, or a financial or insurance arrangement, is usually reached between the two parties.

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“Amazing people, they had my claim for about a week before they were able to get my truck totaled out. Otherwise I would have been stuck with a truck that had heavy front end damage if they hadn’t stepped in to help me. I tried to deal with my insurance company myself for over a month and that got me nowhere, all I got was a massive headache and a messed up truck. They are very professional and act quickly on your claim. I highly recommend them to anyone who is looking for help.”

Candy J.


“I was in an accident and decided to call Wattel and York. After months of going to a Chiropractor, I finally felt better. When it came time for settlement, the insurance company was making an offer I wanted to accept, Mr. Wattel advised against it and felt the insurance company was shortchanging me. He recommended I file a lawsuit and that will get them to cave. Well, Dave filed suit, and sure enough, the insurance company increased their offer by $4,000! I am very satisfied with how my case was handled.”

Nardeasha S.


“Wattel & York were flat out outstanding with my personal injury case. They made the process painless and kept in constant communication throughout the entire time. Any questions I might’ve had were promptly answered and detail oriented. They gave me crucial advice that I would’ve otherwise not been aware of. I couldn’t have asked for more from them. Put your trust in these guys, you won’t be disappointed. Thanks Wattel & York.”

Mattew P.


“Thank you so much for all your hard work on our behalf! Thinking I could handle it on my own, I was originally reluctant to take my accident claim to an attorney. But I am SO glad I called you instead. Your people were always helpful, pleasant and responsive at every step along the way. You represented us with honesty and integrity and made a traumatic experience as painless as it could be. And best of all, you helped us get a settlement that was fair and far more than I could ever have negotiated on my own! I highly recommend Wattel &York to anyone who has suffered a personal injury.”

Cathy M.

“I was the passenger in a vehicle that was 'T- Boned' at an intersection in 2014. The issues of responsibility and recovery became a difficult and convoluted confusion. I really needed help. This Team at Wattel and York walked me patiently and encouragingly through difficult months, sorting through issues and finally arriving at a satisfactory conclusion. I especially want to name two great and encouraging "warriors" of Wattel and York who directed me along the way..Brian Torba and Melissa Patterson..to them and the whole team I say "Thank You" with heart felt gratitude. Sincerely, God Bless You.”

Robert G.

“Honesty. Integrity. Transparency. Partnership. Wattel & York brought all of these qualities and more to my accident case. I'd love to thank all of the team members who helped me with the process: David Guzman, who conducted the initial interview in my home, Aly Shomar-Esparza, who seamlessly guided me through paperwork and filings, Debbie Harrach, who conducted final review, paperwork revisions and scheduling, and Thomas Grisoni, who counseled me before and attended my deposition. I never felt alone during the arduous process and always knew there was a professional team looking out for my best interest. I highly recommend Wattel & York if you are unfortunately involved in an accident that was not your fault.”

Russ W.

“I was a passenger in a car that got t-boned a few years ago and got a huge gash. I didn't know a lot about lawyers, so I basically just picked one on the flip of a coin. I called Wattel and York and they explained everything, I went into the office and filled out paperwork. Got treatment on my gash over the time I worked with them, glad I did as it opened back up a couple times and bled. They did really good, got me the maximum amount of money, and made sure I was well taken care of. I was updated from time to time so that was good. The only thing I might change is I never got to thank or talk to my lawyer. I think it was because I was already used to dealing with the lady at their Glendale office so they just kept her as my point of contact. So it's okay, I'll thank them with a good review. The last thing I could say about them is months after I thought my case was over they called me and said they had another check for me for a few hundred dollars. Apparently, they negotiated with the hospital I went to after the accident. It was a nice surprise and shows they really had my interests in mind.”

Trent B.

“Wattel & York has been great for me in the past few years. I was involved in a really bad accident while I was on Active Duty in Yuma, Arizona and they have been patient with me every step of the way through a very long process. I would recommend them to anyone thank you for all your help.”

Levy G.

“Appreciate David taking the time to speak with me. He was most kind. From the front line with the receptionist, to him, the firm was a class act all the way around.”

Claire B.

“Dave Wattel represented me and my son on a Personal Injury case from a motor vehicle accident back in 2009. Jake P. handled my deposition and Dave did the Quarterbacking. The insurance company hired NFL referee Ed Hochuli's firm to try and deny our claim. But Wattel & York made it look as easy as Tom Brady on the football field. The result was more than acceptable and my son and I were compensated for our injuries and rehabilitation. Dave Wattel cares about his clients. If I ever find myself in a situation like this again, Wattel & York will be on speed dial!!”

Vince C.

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