If you have been hurt in an accident in Arizona, you may be entitled to recover compensation for your injuries. However, getting that compensation may require filing a personal injury lawsuit in civil court. To do so, you will need to gather evidence, send a demand letter, file your complaint before the deadline, and navigate the litigation process.
Having an experienced personal injury lawyer on your side can be critical to making sure the right process is followed to maximize your chances of success.
#1: Obtain Medical Treatment
Immediately after your accident, you should seek medical treatment for your injuries. Failure to get treatment for your injuries could hurt your claim for damages because the insurance company will argue that your injuries were not that serious. Your medical records will become an important piece of evidence that you will need during the litigation process.
#2: Gather Your Evidence
Next, you will need to preserve and gather as much evidence as possible. Evidence can disappear quickly after an accident, so it is crucial to preserve this evidence for your claim.
As soon as you are able, make sure that you:
- Take photos of your injuries and the accident scene
- Get names and phone numbers from any eyewitnesses
- Request police reports or car accident reports
- Request a preservation of evidence from any parties who may have surveillance footage or other evidence
Additionally, you should save all bills, receipts, and other documentation associated with your accident. Avoid posting on social media about your accident because defense attorneys routinely scour victims’ profiles for anything that may hurt your claim.
#3: Send a Demand Letter
Although not a legally required step, most injury claims go through a negotiation process with the insurance company prior to formal litigation. This process typically starts with a demand letter. The demand letter is your formal request to the insurance company for compensation for your injuries.
A comprehensive demand letter usually includes:
- A statement of the facts of your accident
- A description of your injuries and treatment steps
- Medical bills and other evidence
- A specific dollar amount requested for your claim including both economic and non-economic damages
The insurance company may respond to your demand letter in a few different ways. They may decide to pay your claim, deny your claim, or make you a settlement offer. Many cases are resolved through negotiation at this step, but some claims proceed to litigation when the insurance company refuses to make a fair offer.
#4: Understand Your Filing Deadline
It is important to understand that your time to file a lawsuit after an accident is limited. Arizona law typically gives accident victims two years to file a lawsuit for their damages. If you miss the deadline, you may be barred from recovering any compensation for your injuries.
However, different deadlines or rules may apply in certain situations, including:
- Claims against a government entity or public employee: A notice of claim generally must be properly served within 180 days after the claim accrues, and a separate one-year deadline generally applies to filing the lawsuit.
- Claims involving minors: The statute of limitations may be tolled while the injured person is under age 18, subject to exceptions.
- Injuries that are not immediately discoverable: Under Arizona’s discovery rule, a claim may not accrue until the injured person knows or reasonably should know the facts underlying the cause of action.
Because the applicable deadline depends on the circumstances, accident victims should not assume they have two years to act.
#5: File a Complaint in Civil Court
This is the stage where formal litigation begins, and having an experienced personal injury lawyer on your side is crucial. Initially, you must ensure that your complaint is filed in the proper court. Claims with total damages under $10,000 may be filed in Justice Court, while claims involving severe injuries are usually filed in Superior Court, General Civil Division.
Your complaint should list the defendant, a statement of the facts, the legal theory used for your case, and a statement of the relief you are requesting. You will be required to pay a filing fee, and your complaint will be served on the defendant.
#6: Navigate the Pre-Trial Process
After the defendant has responded to your complaint, the discovery process begins. This is the process used by both parties to gather evidence about the case through formal processes.
The discovery process includes:
- Interrogatories
- Requests for production
- Requests for admission
- Depositions
The pre-trial process may also include motions and the navigation of other legal processes. Settlement negotiations may also resume during this time, and mediation may be ordered by the court as a way for the parties to attempt to reach a settlement.
#7: Prepare for Trial
If a settlement is not reached, your case will proceed to trial. When the trial arrives, you will need to select a jury, give opening statements, call witnesses, and present your full case to the court. Once all the evidence has been presented, the jury will determine who has liability and the amount of compensation to which you are entitled.
Contact the Phoenix Personal Injury Lawyers at AJ Law, PLC for Help Today
Before filing a lawsuit in Arizona, you should seek help from an experienced personal injury lawyer. A lawyer can help you ensure that your claim is filed in time and that it follows all the required legal rules.
Additionally, your lawyer can assist with gathering evidence and building a strong claim to give you the best odds of success. Contact the team at AJ Law, PLC today at (602) 671-2363 to schedule a free consultation with a Phoenix personal injury attorney who is ready to help you get the justice you deserve.
