What Are the Steps in a Personal Injury Lawsuit in Arizona?
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- What Are the Steps in a Personal Injury Lawsuit in Arizona?
April 13, 2018
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 1-800-706-3000 to get started.
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I would like to send special thanks to Phillips Law Group for giving me the opportunity to be a part of the Best Law Firm here in the Valley. During these troubling times with the epidemic, Phillips Law Group has masterfully created this family-like environment while still maintaining a professional and business-like approach for all their clients. Thru impeccable leadership that is unmatched by other law firms to the Multi-diverse employment opportunities that many employees advance within the firm; Phillips Law Group has not only distanced themselves from all other competition in the Personal Injury field but also has innovatively changed the narrative of being a great law institution. From providing Employee Appreciation Day to celebrating all major Holiday including great competitive contests; Phillips Law Group has the total participation of all employees to help contribute to the continued success of this firm. So in closing I would like to thank Senior Administration (Jeffery Phillips, Eva Chiaramonte, and Tim Tonkin) along with all of my colleagues and many friends for help making Phillips Law Group a unique and wonderful place to call my place of employment for 6+ years.
I’ve been working at Phillips Law Group for nearly four years and I can confidently say this is the best personal injury firm in Arizona to work for. The firm is the best for numerous reasons but to start, Phillips Law Group gives employees opportunities for promotions and growth. I started working within the settlement department, moved to a paralegal assistant and grew to be a pre-litigation paralegal with my own case load. Each attorney I have worked for is extremely knowledgeable, friendly, and easy to talk to. Secondly, I love how Phillips Law shows appreciation for employees. They host Friday Zoom Huddles giving out PTO, goodie bags, special shout outs, bonuses and gift cards. They also host extravagant holiday parties and fun contests during the Holidays! Lastly, the firm cares about giving back to the community, which is a trait I value as well. It’s rewarding to see a fast paced firm taking time out of their busy day to pay it forward. I would highly recommend working at Phillips Law Group!
Phillips Law Group has a proven track record of success. Juan Roque, in particular, is integral to that. He works with integrity, compassion, and an undefeated optimism that makes him a valuable asset.
Positive: Professionalism, Quality, Responsiveness, Value As someone who is familiar with the inner workings of the auto insurance industry I can whole heartedly endorse Steven J. Jones and Phillips law group as someone I would want on my side should litigation take place. They handled my case professionally, honestly, and with satisfactory results which I would not have expected without enlisting their help.
Phillips Law Group does so much for the community!!! I especially enjoy seeing Juan Roque out there. This gentle giant always has a smile on his face and is a part of a caring and giving team.
Jeffrey Phillips is truly a brilliant attorney and businessman. I would not hesitate for a moment to contact him if I needed a personal injury attorney in Arizona, you would be fortunate to have him and his team. If you have a car accident, slip and fall in a store, or get punched in the face, call Phillips.
Many companies talk about teamwork but few practice it. Many companies talk about an employee friendly environment but few actually provide it. At Phillips Law Group the foundation of our success is making sure we work as a team and that we work in an environment that allows everyone to thrive and be at their best every day. Our firm understands that in order for the client to have a great experience the people responsible for that client’s case must be given all the necessary tools and encouragement to make that happen. That’s the Phillips Way. As a manager of this firm in charge of several employees as well as directly affecting the client’s experience I take tremendous pride in saying we live by these premises and we work hard to build on them and make them better every day. This is an amazing place because it has amazing people working here!
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