In the event of a personal injury, you have to take very specific actions to file a lawsuit.
The laws and rules differ from one state to another, so you need all the right information with you.
The best course of action is to hire car accident lawyers to represent your case. They know about the rules and work in your interest to help you get compensation.
If you have been injured in Arizona and are looking for a team of good lawyers, contact Impact Legal Personal Injury Attorneys. They are based out of Phoenix and are known for getting maximum compensation for clients.
To know more about the personal injury claims process and rules, keep reading this article.
Types of Personal Injury Cases
Personal injuries are not just about car accident cases. It is a broad term and includes many situations.
As per the personal injury law – if you have been injured in an incident due to the other party’s fault, you have the legal right to file a lawsuit against them and receive legal compensation for the damages and losses. It covers physical harm, financial losses, and property damage.
Here are the different types of personal injury cases:
This includes slips and falls, car crashes, dog bites, or medical malpractice. All these things can lead to personal injury claims when caused by someone’s negligence.
2. Defective products
Using unsafe consumer goods, vehicle parts, or medical devices may result in injuries, allowing you to file product liability lawsuits.
3. Defamation cases
These cases can arise when false statements harm an individual. It gives you an option to file civil lawsuits for compensation.
4. Intentional acts
Acts such as assault, battery, or other intentional torts involve purposeful harm and also come under the personal injury category.
You can get in touch with an Arizona personal injury law firm to help you with any of these cases.
How to File a Personal Injury Claim?
Here are the basic steps you need to follow to file a personal injury claim:
1. Seek medical help
Don’t wait to get medical attention, even if you don’t immediately feel symptoms. Timely treatment is important because delaying may be used against you to question the severity of your injuries.
2. Gather information about the incident
You need to collect important documents like medical records, photos of damage, and proof of lost wages to make your case strong.
3. Contact Arizona personal injury attorneys
While you can handle smaller cases on your own, major accidents may require the expertise of Arizona personal injury attorneys.
4. Set up a claim
You and your attorney should notify the responsible party and their insurance company of your intention to file a claim.
5. Negotiate a settlement
The Arizona personal injury law firm may negotiate with the responsible party and their insurance company before or after filing a claim to seek compensation.
6. Reach a settlement
If you agree on a satisfactory settlement, you and your attorney can accept the offer. However, if the other party doesn’t provide a reasonable offer, you can proceed with filing a lawsuit to recover the necessary compensation.
7. File a lawsuit
This involves submitting a complaint for damages outlining your claims and desired compensation. Negotiations will occur, and you may give a deposition. During the trial, the jury and court will assess evidence and contested issues to determine the compensation you’ll be awarded.
What Happens After Filing the Lawsuit?
Here’s the process after your attorney files the lawsuit:
1. File your complaint
The Arizona personal injury attorneys will create and submit your complaint to the court. In this document, you’ll share your facts, your lawyer’s legal reasons supporting your claim, and the compensation you’re seeking.
2. The discovery process
As your lawsuit progresses, both parties can request evidence from each other. You may need to provide relevant receipts and medical records to the defendant’s attorney.
3. The deposition
This is the stage where all the witnesses have to give their testimonies in court. Your lawyer might conduct a mock deposition to prepare you.
4. Independent medical exam
The defendant’s insurance may request an independent medical exam to downplay the severity of your injuries.
5. Settlement negotiations
In this step, you and your attorney have to negotiate with the other party for compensation. Your attorney will discuss their strategy before negotiations.
6. Considering mediation
Mediation involves meeting with a neutral third-party mediator to reach a fair settlement. It can provide clarity and may be more cost-effective than a lengthy legal process.
Where and How to File Your Lawsuit in Arizona?
When dealing with an Arizona personal injury lawsuit, it falls under civil cases, mainly guided by the Arizona Rules of Civil Procedure.
Most personal injury cases are filed in the Arizona Superior Court, the state’s main trial court.
Begin by submitting a document called a complaint to the court clerk.
Your complaint should have separate, numbered paragraphs detailing the following:
- The involved parties
- When, where, and how the accident occurred
- Your injuries
- Why the defendant is legally responsible for your injuries
- The compensation you seek from the court
Special Rules in Arizona Personal Injury Cases
In Arizona, there are special rules regarding what should and shouldn’t be in your complaint for personal injury cases. In most personal injury situations, you’re not allowed to specify the exact damages you want to recover in your complaint.
Instead, you must indicate the damage tier your case falls into, and there are three tiers to consider:
- Tier 1: Damages of $50,000 or less
- Tier 2: Damages of more than $50,000 but less than $300,000
- Tier 3: Damages of $300,000 or more
It’s best to seek advice from an experienced Arizona personal injury law firm when determining your case’s damage tier.
What is the Time Limit for Arizona Personal Injury Lawsuits?
In Arizona, there are laws that set deadlines for filing lawsuits in court. The general rule is that you must file a lawsuit within two years from the date of injury. This two-year countdown starts from the date of your injury.
If you are injured in Arizona, these are the steps and rules you need to follow to seek compensation. It is best to contact an Arizona personal injury law firm to help you with the lawsuit filing procedure. They are expert lawyers and know all the intricate details of such cases. Arizona personal injury attorneys can help you get maximum compensation for all your damages and losses.