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Personal Injury Lawsuit Process in Arizona: What to Know

Richard Gullette • Jun 01, 2021

The personal injury lawsuit process can be an ordeal without an experienced attorney helping guide you along. For those who have been injured as a result of an accident in Arizona and are considering available options, learn more about the personal injury lawsuit process here.

1. Statute of Limitations:

Arizona, like most other states, has a statute of limitations.This is a law that sets a time limit within which one can bring a case to court. The statute of limitations applies to all cases where an injury or death has occurred as a result of the actions of another party. This statute means that from the time of your injury, you have two years to file a lawsuit in Arizona. Often, it happens that an injury, resulting from a motor vehicle crash, will present symptoms late – that is to say, you may not necessarily I know you’ve been injured until a little time passes. In this situation, the two-year time limit will start on the day the injury was diagnosed rather than the date of the accident. But, in all other cases, if you are late filing for the personal injury case by even one day, the court will refuse to hear your case. If you are filing a case against a public employee, city, county, or the state, Arizona personal injury laws state that you have 12 months to file a formal claim from the injury date.

2. Comparative negligence rule:

Arizona follows the comparative negligence rule. For example, if you were involved in a motor vehicle accident, then the jury will hear your case and may find that you were at 30 percent at fault and the other party was at 70 percent at fault. If the total damages awarded are $200,000, then you would receive $140,000 because you were at 30percent fault.

3. Insurance companies:

Insurance companies also use the comparative negligence rule during injury settlement negotiations. Be aware that the insurance adjusterwill put forward the motion that your compensation should be lowered because you were also partially at fault.

4. Auto insurance laws:

To handle auto insurance cases, Arizona utilizes the “at fault” system, meaning that if you are injured in an auto accident, you have the option to settle the claim with the insurer. If this fails, you can go to court to prove fault and collect damages. Like all U.S. states, in Arizona, it is mandatory to have the minimum liability insurance when driving on the roads. This insurance will provide compensation to an injured driver without having to seek legal action.

5. Dog bite liability:

In most states, there is a “one-bite rule,” meaning when a dog injures another person, the owner is protected to a varying degree from injury liability if he or she had every reason to believe that the dog was not dangerous. However, in Arizona, the one-bite rule is not practiced, and the owner is strictly liable for any dog bite injury, irrespective of the dog's past behavior.

6. Damages Caps:

Many states have a cap on damages that can be awarded to an injured person. The amount of capped award does vary and applies to many types of injuries. However, in Arizona, there are no caps on damages for personal injury cases. This means that juries are at liberty to award large sums of money for personal injury cases. Damages can also be awarded for emotional distress, pain, and suffering.

The Lawsuit Process

In Arizona, there are certain rules and regulations that one has to abide by when understanding the personal injury law process. Each step has to be properly executed or the case can be dismissed. Below are the general steps that are taken to abide by Arizona personal injury laws:

  • File a complaint with the court;
  • Issue a complaint to the defendant, which the latter must answer within a set period of time;
  • Once the complaint has been answered, both parties need to file an initial disclosure statement and exchange the relevant information to ensure that the trial will be fairly conducted;
  • To strengthen the case, each party can use several types of discovery to bolster their case. This may include depositions, request for more documents, interrogatories, etc.;
  • A motion for a trial will be issued, but if the case is valued at less than $50K, the case must go through arbitration before trial; and
  • If the case goes to trial, the judge or jury may decide on the case and the amount of damages that will be awarded to the plaintiff.

Conclusion

If you have been injured by the negligent actions of another individual and would like to file a lawsuit, the best advice is to first consult with a personal injury lawyer to determine if your case has merit. The first consultation is free and you may ask any questions you like. For personal injury lawsuits, lawyers work on a contingency basis, meaning you only pay when you win. The important thing is to seek an experienced personal injury lawyer who is not afraid to go to trial, but at the same time, is also willing to settle if the compensation is fair. Contact Richard Gullette Law today to find an experienced attorney.

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Suddenly losing a loved member of a family because of the negligent or careless actions of another person can be devastating. Further, it can also deprive the family of income if the deceased individual was the sole breadwinner. In some cases, one aid for the survivors is to file a wrongful death lawsuit. There are many lawyers in Arizona from whom to choose; what are the best characteristics to look for? Below are tips on a few things to note when searching to find the best wrongful death attorney. Empathy and Compassion: When a family has lost a loved one, grief is a common emotion. Therefore, you want to select a professional who understands your grief and is sensitive to your tragedy. A lawyer who understands what survivors go through or has even gone through the same experience himself/herself will be better able to fight for your case and your legal rights. 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You preferably want someone who knows the importance of communicating with you, who is able to patiently explain to you all the legal terminology and the steps involved in a wrongful death case and update you frequently as to how the case is progressing. At all times, the best wrongful death attorney should keep you fully informed about the next steps in the case. Amicability/Approachability: Even though there are some outstanding lawyers who have won wrongful death cases, some do not come across as friendly or approachable. Some may make you feel nervous, anxious, or you may feel afraid of asking questions . This is not the type of lawyer you want. You should select someone who is warm, approachable, and easy to talk to. You should never be afraid to ask or speak to your lawyer. In general, lawyers that work for large firms are often busy and are hard to get hold of. You are more likely to find personable and friendly lawyers in smaller or solo firms. Most of the time, you will find these down-to-earth lawyers will take ample time to sit and explain the whole process involved in a wrongful death lawsuit to you. Integrity: Like in all professions, there are some lawyers who have good morals, are ethical, and have excellent character, and then there are others who may not be trustworthy. Before you even step into the lawyer’s office, you should have scanned the internet and read the reviews . You need to select a lawyer who is honest, transparent, and trustworthy. You should be able to tell that during the first consultation if this is the lawyer you want. An honest and the best wrongful death attorney will answer all your questions, be upfront about the fees, and will explain everything to you in detail. If you are ever unsure about a wrongful death lawyer, seek a second opinion. Recommendations: Always speak to friends and families who have dealt with a wrongful death lawyer and learn about their experiences. In many cases, this is perhaps the best way to find a good lawyer. Strong recommendations from family and friends are a good indication that this is the best wrongful death attorney with whom you should consult. Do not make a final decision until you actually speak with the lawyer. Time: You also want to know how much time the lawyer will devote to your case . With large firms, the case is usually assigned to junior staff, but in smaller or solo firms, the lawyer will himself be involved in your case from start to finish. The Right Rapport: Sometimes when talking with someone, you will instantly develop a good rapport. Both of you will just “sync” and this is what you want in a lawyer. You want someone with whom you have a good relationship because, remember, you will be working together for many months. When you first consult with the lawyer, assess his/her demeanor, patience, and use of words; if he or she is on the mobile phone every other minute, this is the last person you want as your lawyer because obviously they have no time for your case. Conclusion Finding a good Arizona wrongful death lawyer to handle wrongful death cases is not difficult as long as you do your homework. Before walking into the lawyer’s office, you should know something about his or her education, training, and what online reviews have said. In most cases, you will be able to tell at the first consultation if this is the lawyer you want. Besides amiability and a good personality, you also want someone who has good experience and excellent communication. If you have had a sudden death in your family due to the negligent actions of another person, call the Law Offices of Richard A. Gullette at 1-602-230-2916. Rick Gullette has the motto that he offers “Personal Attention that puts you and your family first.” That’s the kind of lawyer you want.
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Sometimes you may have to consult with a few lawyers before you can pick one. In any case, when consulting with a wrongful death lawyer for the first time, here are a few things to ask: Today, there is no excuse for not knowing a few details about an attorney you are selecting. If you don’t own a computer or smartphone, visit your local library. Perform a Google search and read the reviews. In addition, visit the attorney’s website and get a glimpse of his education, training, and expertise. Read what others have to say in reviews about past experiences with the attorney. Finally, speak to friends and family if they know or have heard anything about the lawyer that you want to hire. The more you know about the attorney, the better you will be able to make an informed decision about the selection process. What does the attorney specialize in? Preferably you would want an attorney with wrongful death experience. 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But you need to select an attorney for wrongful death who is not only skilled at negotiations but also not afraid to go to trial in case the negotiations fail. The attorney must send the signal to the insurer that he or she will do whatever it takes to get just compensation for his client. Does the attorney work alone or does he work with a team of lawyers? In general, consulting with an attorney who works with a team of other lawyers can be beneficial if he or she seeks expertise in other areas so that the client gets the maximum benefit. What are the costs associated with hiring a wrongful death attorney? This is a very important question; in general, the majority of wrongful death attorneys are paid on a contingency basis. This means that they get paid if they win the case and recover damages. The contingency fee varies from 30-35 percent. For example, if you are awarded $1 million in compensation, the attorney will get $350K as part of the contingency fee. You should also clarify with the lawyer if there will be any other “hidden” fees, like administrative costs, photocopying fees, etc. In most cases, the contingency fee is inclusive, but, in any case, it is vital to get all the costs in writing so that there are no disputes at the end of the case. How will the attorney initiate your wrongful death case? You should have some idea about the steps involved in filing a wrongful death lawsuit. Once you hire an attorney for wrongful death, he or she will obtain all the documents, speak to witnesses, review the medical records, and, with the help of experts, reconstruct the fatal scene. In addition, the attorney may also ask you to submit any paperwork from the opposing party that you have in your possession (defendant/company/insurer). Once your Arizona wrongful death attorney receives all the paperwork and documents, he or she will contact the individual or company at fault or their insurer. In Arizona, the law requires that both parties must start some type of mediation to come to a settlement before going to trial. Hence, your attorney will contact the other party and try to negotiate a fair settlement first. If the two sides are not able to come to a settlement , your attorney will file a lawsuit in the appropriate county. A trial usually requires more extensive investigations, including depositions and consulting with expert witnesses. The case is usually heard in front of a judge and decided by a jury who will determine the amount of compensation. How Much Compensation Can You Expect? The amount of compensation usually depends on the case and is hard to predict ahead of time because many factors are involved in determining the final award. Your attorney will generally include the following when arguing for your compensation: Lost wages Medical bills Pain and suffering Loss of companionship If the jury decides the case in your favor , you will receive some type of compensation for all the injuries and death that your loved one suffered. In general, high six-figure awards are not uncommon in Arizona. Conclusion It is important to be aware that in Arizona, there is a statute of limitations for filing a wrongful death case. The case has to be filed within two years from the time of death. Because there is an enormous amount of documentation and investigation required, it is important to seek an experienced Arizona wrongful death attorney as soon as possible. While no amount of compensation can bring back your loved one, an attorney for wrongful death can at least try to get you compensation for all the pain and suffering that you have been through. Reach out to us today , and let's start a conversation. 
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