How Does a Personal Injury Lawsuit Work in Arizona?
Posted on behalf of Phillips Law Group on Apr 13, 2018 in Personal Injury
When another’s negligence causes you to suffer an injury, you may be entitled to compensation from the at-fault party by filing a personal injury lawsuit.
A personal injury lawsuit can help you recover compensation for your medical bills, lost wages, pain and suffering, and other damages you have incurred because of the at-fault party’s actions. However, pursuing a personal injury lawsuit can be complicated.
Often, it is in your best interest to contact a Phoenix personal injury attorney who can help guide you through the legal process. Below, the Phillips Law Group’s attorneys discuss the steps involved in a personal injury lawsuit:
After you have been injured in an accident, it is important to seek help from a qualified attorney who can help with your claim.
An attorney will provide you with a free, no obligation consultation where he or she will review your claim and the circumstances behind your accident by discussing:
- Which parties may be responsible for your accident
- How the accident occurred
- The compensation you may be entitled to receive
- The injuries you suffered
At the Phillips Law Group, our attorneys are dedicated to helping victims of negligence obtain the justice and compensation they deserve. We will help you determine if you have a case against the party at fault for your injury.
Once you have consulted with your attorney, he or she will investigate the accident. This includes reviewing the evidence related to your claim, such as:
- Eyewitness statements
- Police reports
- Your medical records
- Photographs of the accident scene
- Videos of the accident, if available
- Photographs of your injuries
Depending on the type of accident, your lawyer may take additional steps to secure other evidence for your claim. For example, if you were injured in a truck accident, your lawyer may request the electronic vehicle data be secured from the truck’s black box.
Negotiations with the Insurance Company
Before filing a lawsuit, your lawyer will prepare a demand letter to the at-fault party’s insurance company that details how the accident occurred, why the at-fault party is liable for the accident and the amount of compensation you are pursuing.
Our attorneys have experience handling personal injury lawsuits and understand how to accurately estimate the value of a claim. Depending on the circumstances behind your claim, you may be entitled to compensation for:
- Past and future medical expenses
- Lost wages
- Lost earning capacity
- Property damage
- Cost for a caregiver
- Medical assistive equipment
During these negotiations, the insurance company and your personal injury lawyer may go back and forth with different offers and counter-offers. If the insurance company does not offer a fair settlement, we will determine if filing a lawsuit is in your best interest.
Filing a Complaint
If we decide to file a lawsuit, we will prepare a complaint that states you were the victim of an accident and establishes your legal right to recover compensation.
In order for you to be able to recover compensation through a lawsuit, this complaint must be filed before Arizona’s two-year statute of limitations expires. Our attorneys will work to help ensure your case is filed within the two-year deadline to preserve your right to recovery.
After your complaint has been filed and served to the at-fault party, he or she will have an opportunity to respond to the complaint.
Once you have filed a lawsuit, your case will proceed to the discovery process. In this phase, both parties involved in the lawsuit will request and trade information with each other regarding the case.
Your lawyer may send a series of questions to the at-fault party questioning him or her about the accident. Your attorney may also ask about the evidence the at-fault party plans to use, whether he or she has retained an expert witness to testify in the case and what his or her testimony will be in court.
Additionally, we may consult experts or interview witnesses to strengthen your case. Both parties may also be asked to participate in a deposition, which requires giving recorded testimony made under oath.
Before your case goes to trial, your attorney can make several pretrial motions to improve your chances of recovering compensation and weaken the at-fault party’s case. Pre-trial motions are specific requests attorneys make to the court for favorable orders on a particular issue or factor regarding a client’s case.
Often, the at-fault party’s attorney will file a motion to dismiss your complaint. This motion may state that you or your attorney failed to state facts that provide a basis for recovering compensation from the at-fault party.
Other motions may include a motion to change the forum or venue, a motion to compel or a motion for summary judgment.
The judge assigned to your case will hear your attorney’s argument to support these motions before he or she make a decision on these motions that affects the potential outcome of the case.
If your attorney is unable to reach a deal with the at-fault party, your case will proceed to the trial phase.
At the trial, your attorney and the at-fault party’s attorney will present their legal arguments and the cases they built based on the evidence surrounding the accident. This can also include cross-examining witnesses who saw the accident occur and challenging the case presented by the other party’s attorney.
The trial will be heard by a judge or jury, who will examine the case presented by both party’s attorney and then determine how much compensation, if any, you should be awarded.
Contact the Phillips Law Group for Help with Your Claim
Often, many people find it difficult to handle a personal injury lawsuit without the help of an experienced attorney who knows how to build a case that supports their claim.
An attorney will understand how to negotiate with an insurance company to reach a fair settlement and will act as your advocate throughout the claims process to help ensure you are being treated fairly and honestly.
At the Phillips Law Group, our attorneys have decades of combined experience helping victims of negligence obtain the compensation they need to recover from an accident. We will provide you with a free, no obligation consultation to review your claim and find out if you have a case against the at-fault party. All of our attorneys work on a contingency fee basis and will only charge you if we recover compensation for your case.
Call or text 1-800-706-3000 to get started.