Experiencing a sudden injury is painful and traumatic, whether it occurs in a car accident, a slip-and-fall accident, a dog bite, or through a defective product or medical malpractice. When an injury was entirely preventable and only occurred due to someone else’s negligence, the pain and trauma are even more distressing, especially when the damages have a ripple effect throughout the victim’s life, family, and ability to earn a living. A personal injury lawsuit in Arizona allows victims of someone else’s negligence, reckless behavior, or intentional wrongdoing to seek redress through the civil courts and gain compensation for their damages.
If you’ve been injured in Arizona and find the medical bills piling up while your painful medical treatments and lengthy recovery times prevent you from a prompt return to work, pursuing an Arizona personal injury lawsuit may be the right way forward.
How Does a Personal Injury Lawsuit Begin?
Once you or your injured loved one receives medical attention, you can begin gathering evidence for a personal injury lawsuit by carefully documenting the injuries through the following:
- A copy of the doctor’s medical report with a detailed explanation of your injury, the doctor’s recommendations for treatment, and your prognosis
- Photos of the injury
- Copies of all medical bills and related expenses
- A police accident report, or business accident/incident report
Once you have a good idea of the current and future expenses you’re facing due to the injury, including medical costs and lost wages, it’s time to contact a personal injury attorney to represent your rights and best interests throughout the personal injury claim process.
The Steps of the Personal Injury Claim Process
Your personal injury attorney will diligently investigate all aspects of your case to begin the following process:
- Determine the party liable for your damages
- Prove liability by documenting evidence to show negligence. This means showing that the negligent party had a duty of care to take reasonable measures to prevent injury, they breached this duty through an act of negligence, recklessness, or wrongdoing, the breach of duty directly caused injury, and the injury victim suffered significant damages due to the injury
- Carefully calculate your damages, including economic damages and non-economic damages like pain and suffering
- Draft a demand letter and send an evidence-based demand package to the appropriate insurance company, whether it’s auto insurance, premises liability insurance, or medical malpractice insurance policy
- Negotiate with the insurance adjuster to secure the highest possible settlement for your damages
Nearly 95% of personal injury claims in Arizona settle out of court through an experienced attorney’s negotiations with the insurance company of the at-fault party. Only in cases of an insurance company’s refusal to pay out on a valid claim, or if they offer an inadequate settlement amount, does the case progress to a lawsuit in court.
How Does a Personal Injury Lawsuit in Arizona Work?
If you and your Peoria personal injury attorney decide to litigate the matter in court, your attorney will file the lawsuit in the correct jurisdiction in a timely manner to avoid missing the deadline under the state’s statute of limitations for personal injury cases—a two-year time limit in Arizona.
Once the court date arrives, a skilled personal injury attorney has evidence ready to present to the court to aggressively pursue compensation for your damages. While a lawsuit for personal injury in Arizona courts takes longer to resolve than a settlement, the jury award for damages tends to be substantially higher than a settlement.
If you think you have a personal injury claim, it’s important to seek representation as soon as possible while the evidence is available in your case.