If you have never been involved in a civil court case before, the idea of formally filing suit against a landowner who allowed you to get hurt in a preventable slip and fall accident can be understandably intimidating. Even if you just want to negotiate a private settlement, you will likely still need to go through at least some of the formal Phoenix, AZ slip and fall claim process, which can involve complicated court filings, multiple encounters with standoffish insurance adjusters, and potentially additional costs and fees.
Fortunately, you have help available to you from the slip and fall lawyers at Phillips Law Group, every one of whom can help streamline and simplify your legal proceedings in order to give you the best possible chances of case success. In the meantime, here is a brief overview of what filing a civil suit over a slip and fall injury actually entails.
Most of the time, there will be several things that a qualified attorney will want to do on a slip and fall victim’s behalf—or at the very least, would strongly recommend that the person do themselves—before actually starting the legal process for a Phoenix, AZ slip and fall claim. This may include investigating the incident to collect important evidence, attempting informal settlement talks with the landowner(s) responsible for the injury, or simply sending a demand letter outlining the compensation the injured person is seeking.
Submitting a complaint to the appropriate court formally initiates a slip and fall lawsuit in a legal sense. Depending on whether the claimant is seeking less than or more than $10,000 in total damages, they will need to file in either an Arizona Justice Court or an Arizona Superior Court, respectively. They would also need to ensure copies of their complaint and other relevant documents are formally “served” upon the people named as defendants in that claim.
Once the named defendant(s) in a Phoenix, AZ slip and fall lawsuit submit a response to the court, both sides will typically begin a lengthy process of exchanging evidence with each other, making court motions to strengthen their own claim or counter elements of the other side’s claim, and continue negotiations for a potential private settlement. If a defendant fails to formally answer a lawsuit within the time allowed, the court may issue a default judgment in favor of the plaintiff.
The final stage in the legal process is a trial before a civil judge and/or jury, during which both sides would have opportunities to make opening and closing statements, present evidence and testimony, and cross-examine evidence and testimony presented by the opposition. Once a civil judge renders a final verdict, the claim is permanently closed unless one party has grounds to file an appeal.
Of course, this is far from a comprehensive summary of every single step in the Phoenix, AZ slip and fall claim process. That said, it should help you broadly know what to expect if you choose to pursue a claim like this, and it should emphasize just how vital the guidance of a knowledgeable legal professional can be to getting through your claim as efficiently as possible.
A member of the Phillips Law Group can discuss your potential claim and offer preliminary advice about next steps to take during a free, no-obligation consultation. Schedule yours by calling today.
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