A Qualified Personal Injury Attorney Will Know How to File a Personal Injury Lawsuit
When someone is seriously injured because of the negligence of another, the victim may be entitled to compensation. It is helpful to learn how to file a personal injury lawsuit in Arizona. There are specific steps that must be taken, so it is often necessary to get assistance from a qualified attorney. The first step in filing a lawsuit is establishing that you have a case.
Establishing Whether You Have a Case
In order to bring a personal injury lawsuit, you must establish that a case is warranted. There must be actual damages that were incurred as a result of the accident. You must determine responsibility for the accident by showing how the accident happened. Finally, the responsible party must have been negligent. If these elements are present, you may be entitled to compensation.
Statute of Limitations in Arizona
The law limits the time you have to file a legal case. Generally, you need to file a personal injury claim no later than two years from the date of the accident. According to New York Personal Injury Lawyers | Zlotolow & Associates certain laws vary from state to state so it is always good to make sure you speak with an attorney who is licensed in the state where the accident happened. Another thing is, if you do not immediately know about the injuries, such as with a birth injury, it may be possible to file the case later. The reason for the limit is to ensure that all parties have access to documentation, information, and memories of the incident.
Negligence in Arizona Personal Injury Cases
Arizona uses the comparative negligence law to determine who is responsible for the accident. A portion of fault is assigned to each party. This means that you can be partly responsible and still collect damages from the other person. For example, if you were found to be 20% responsible for the accident, the other driver would be responsible for 80%. You could still get compensation from the other driver, but your damages would be reduced by 20%.
Help From a Reputable Attorney
While you can file a personal injury claim on your own, it is usually advisable to seek help from an attorney with experience in this area of law. Your attorney will examine your case and develop it based on fact-finding. Many personal injury cases are settled before they get to court. A lawyer is a highly skilled negotiator who will always advocate on your behalf to achieve the best possible settlement. If the case cannot be settled, it will proceed to court for a decision.
Call the legal team at Udall Shumway PLC to schedule a consultation to discuss your personal injury case.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you or someone you know wishes to seek the help of an experienced personal injury attorney regarding How to File a Personal Injury Lawsuit, or other personal injury matters, call Mesa AZ Personal Injury Attorney Clark R. Richter at 480-461-5321 or contact him at firstname.lastname@example.org for a free consultation to discuss your rights and options. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.