Where to File a Personal Injury Lawsuit in Arizona
Where to file a personal injury lawsuit in Arizona? It depends on the location of the accident, estimated damages, and other considerations. By filing a personal injury lawsuit, you may be able to obtain the compensation you deserve and hold the party responsible for their actions.
Contact an Arizona personal injury attorney to find out if you have a valid claim.
What is a Personal Injury?
A personal injury is a legal term used for an injury caused by the negligence of another, be it an entity such as a business or an actual person. The most common types of personal injury claims are car accidents, slip and falls, and product liability.
One of the key elements of a personal injury claim is demonstrating that the at-fault party’s actions or failure to act led to your injuries.
Why File a Lawsuit
When you’re hurt in an accident, the last thing on your mind is filing a lawsuit. However, by filing a personal injury lawsuit, you may be able to obtain the compensation you need to cover mounting medical expenses, wages lost as a result of your injuries, and more.
Types of Damages
Damages is a legal term used to refer to the type of compensation a personal injury victim may be entitled to. Damages awarded in a personal injury claim may fall into two different categories, economic and non-economic damages.
Economic damages, also known as compensatory damages, are those that can be quantified. Economic damages can include medical bills, costs related to property damages, loss of earnings (both present and future), and household expenses like home renovations to accommodate a disability.
Non-economic damages, also known as non-compensatory damages, can include pain and suffering, mental anguish, loss of companionship, and loss of quality of life.
An experienced personal injury attorney can help determine which types of damages you may be entitled to and calculate the demand that should be made on your behalf.
The Personal Injury Lawsuit Process
Most people may not know where to begin if they want to file a personal injury lawsuit. The process can seem daunting, which is why it is so important to find an experienced attorney, you can trust who will guide you through the entire legal process.
Personal injury lawsuits are typically filed in the Superior or Justice Court where the injury occurred or where at least one of the defendants lives. Injury claims that exceed $10,000 are filed in Superior Court.
- Filing a claim. The personal injury lawsuit process begins with filing a claim on your behalf.
- After a claim is filed, the defendant (company, entity, or individual you are filing a claim against) has approximately 20 days from the receipt of the filed claim to respond.
- After a response has been filed, both parties must file an initial disclosure statement, which allows each party to provide evidence and theories on the lawsuit and incidents that led up to it.
- Both parties may use depositions, requests for materials or documents, and requests for admissions to build their case.
- After the discovery process, a motion to set the case will follow. However, in Arizona, if the case is valued under $50,000 that matter must go through arbitration. Arbitration involves using a private, independent third party to resolve a dispute outside of court.
- If the case can continue, a jury or judge will review the facts, determine fault, and award damages.
Keep in mind that in Arizona, the statute of limitations for a personal injury lawsuit is two years from the date of the injury. Any personal injury claims against a public entity or employee must be brought forward within one year of the injury date.
Special conditions may apply if the Arizona personal injury lawsuit involves minors under the age of 18.
How Personal Injury Lawyers Are Paid
Most personal injury law firms in Arizona work on a contingency basis, which means you do not pay anything unless the firm successfully wins your case. Contingency agreements are arranged before the claims process begins. If you agree to the terms, lawyer fees are deducted from the final settlement of a personal injury lawsuit. The fees are typically a predetermined percentage of the settlement or verdict.
How a Personal Injury Lawyer Can Help
In some cases, such as a slip and fall or car accident, injury victims think they can simply represent themselves. However, an experienced attorney will have the resources and knowledge you need to obtain the compensation you deserve for your injuries. A lawyer can obtain all the documents pertaining to your lawsuit, such as medical records and accident reports, contact those who witnessed the accident, file your lawsuit, and serve as a liaison between you and the defendant.
It happens in an instant. One second, you’re fine, and the next you’re suddenly injured due to no fault of your own. Car accidents, workplace incidents, pedestrian crashes, and even slip and falls can all lead to injuries that impact day-to-day life. When you’re hurt in an accident, you may be facing large medical bills and lost wages, not to mention the mental anguish from the trauma you experienced.
Even if you think you want to fight your personal injury lawsuit on your own, having your case looked at may mean all the difference. Contact me today.