Car accidents are traumatic, and being involved in one can be an overwhelming experience. Oftentimes, you’re left with injuries and property damage, not to mention the bills that come with these things. Most of the time, claims are settled through the at-fault driver’s insurance, but there are accidents that require filing a lawsuit in order to obtain the fair compensation you deserve. If this is the route you’re considering, understanding Arizona’s process can help alleviate some of the stress.
Consultation with an Attorney
The first step in filing a lawsuit is to speak with an attorney. You want to find someone who specializes in personal injury and can help you determine what your case is worth and how to fight it best. In your initial meeting with your attorney, be sure to discuss the details of the accident and the injuries you acquired, and fill them in on any evidence you have already collected. Your attorney will look at everything you have and advise you on the best course of action to move forward.
Investigation and Evidence Gathering
After your consultation, you’ve entered the investigation and evidence-gathering stage. You may have already collected some evidence, and if you have, that’s great. It only means you’re ahead of the game. From here, your attorney will primarily be the one to collect additional evidence, but be prepared to help out in any way.. Your attorney will look for police reports, medical records, witness statements, and any available video footage. These things can help an expert recreate the scene of the accident, if necessary, so your attorney will work with you to gather as much of it as possible.
Filing the Complaint
Typically, car accidents are settled before legal action is taken. Still, if you aren’t getting fair compensation offers in negotiations with the insurance company, the next step is to file a complaint in the appropriate Arizona court. A complaint is a document that outlines all your allegations against the defendant and the damages you seek. The defendant then needs to be served the complaint and is given a chance to respond.
Discovery Phase
The next part of your lawsuit is called the discovery phase. During this phase, both parties exchange relevant information, such as interrogations, documents, and depositions. The goal is to gather all pertinent facts and evidence before the trial begins, especially if there is something that neither you nor your attorney could retrieve from the defendant before this phase.
Pre-Trial Motions and Settlement Negotiations
After discovery, there is often a pre-trial motion to resolve specific legal issues. At the same time, settlement negotiations continue. Many cases can be resolved in this stage before they have to go to trial. If that happens, it can save you a lot of stress, but remember that you still want to receive what you deserve and the insurance company will still try to short you, so be on your toes when the settlement offers come.
Trial
If a settlement isn’t reached in the previous stage, the case will now go to trial. In this phase, each side will present its evidence and argument, and a judge will determine the outcome. The length of trials can vary, and the more complicated cases last much longer than others.
Post-Trial Motions and Appeals
After the trial, there is a time for post-trial motions or appeals, especially if one party believes legal errors affected the outcome. Depending on what happens in this phase, it can extend the timeline of your case.
Collecting Your Judgment
If you win your case, the last phase is to collect your awarded damages. This can involve additional legal steps, especially if the defendant can’t or won’t pay. Some of these additional legal steps can include:
- Wage garnishment
- Bank account levy
- Property liens
- Seizure of assets
Most of the time, the defendant’s insurance will pay the awarded amount. But if you feel you won’t receive compensation, speak to your lawyer and let them know about your concerns.
Understanding Arizona’s Legal Landscape
Arizona operates under a fault-based system for car accidents. This means that the person found at fault for the accident is liable to pay damages. There is also a comparative negligence rule, which means your compensation can be reduced if you’re found partially at fault. Having an attorney who understands how to prove negligence and determine fault is critical for a positive outcome in your case.
Why Choose Valley Injury Team?
At Valley Injury Team, we understand personal injury law and are here to help you fight for fair compensation after you’ve been the victim of a car accident. Our attorneys are experienced in Arizona law and dedicated to helping you through the process of filing a lawsuit. We’ll help you protect your rights and fight for the compensation you deserve. Call us today for a free consultation, and we’ll help you determine what your case is worth.
