What to Expect During the Personal Injury Lawsuit Process in Tucson

Roughly thirty-eight million people are sent to the emergency room for injuries each year. Many of these injuries are faultless. But a large percentage of them occur due to the carelessness of others.

Most of the time, insurance will protect the victims of these injuries. However, as anyone who’s been through filing a claim knows, insurance isn’t always foolproof. That’s why it’s important to consider a personal injury lawsuit if you’ve been hurt in Tucson.

Read on for a guide that will walk you through the average personal injury lawsuit process while answering some FAQs. That way, you’ll know if this type of lawsuit is something you need to pursue.

The Standard Personal Injury Lawsuit Process in Tucson

Remember that every personal injury lawsuit process is different from the others. However, there is a general timeline that most of them follow. This section will break down this timeline into six parts.

1. You’re Injured and Seek Medical Attention

As the name suggests, you need to be injured to pursue this type of lawsuit. However, being injured isn’t enough on its own. You also need extensive evidence proving both the injury and that it was caused by the negligence of others.

That’s why it’s important to document your injury as soon as you’re able to. The best way to do this is to seek a medical evaluation from a doctor. The medical documents provided by these professionals will be essential for dealing with insurance companies initially.

And, if the lawsuit goes to trial, they’ll be the bedrock on which you prove the severity of your injury. So it’s important to gather all the information you can during this step.

2. You Hire an Attorney to File a Personal Injury Lawsuit

Next, you need to meet with an experienced personal injury lawyer. This is vital for two reasons. First, this professional will be able to advise you on whether or not you have an actual case.

In some instances, there might not be enough evidence to link your injury to the negligence of others. Or, your injury might not be severe enough to warrant a lawsuit. In these cases, it’s usually best to avoid filing a lawsuit, as it’s just a waste of time and money.

If your legal expert believes you have a case, then together you’ll draft a complaint. We’ll discuss what a complaint is in another section. However, essentially it’s a document that will serve as the first official record that starts the lawsuit process in motion.

Once the complaint is filed, your attorney will need to find the defendant (the party responsible). Once the complaint and summons have been served, the defendant will be allowed to answer.

3. The Defendant Answers the Claim

Typically, in Arizona, the defendant will have twenty-one days to respond to the complaint and summons once they’ve been served. Their response will come at the pre-trial conference.

They have three options when responding. First, they can accept the offer presented by you and your lawyer, while pleading either guilty or no contest. However, in this case, the settlement still needs to be approved by a judge.

Second, they can reject your offer, while still pleading guilty or no contest. In these cases, both sides would present alternative sentences.

Lastly, they can plead not guilty. In this case, the lawsuit will go to trial.

4. The Discovery Phase

During the discovery phase, both parties will regularly meet with the judge to discuss the progression of the case. During this time, you’ll also have dispositions from both the opposing party and any witnesses who are present.

It’s not uncommon for the discovery phase to drag on in Tucson. Motions can be filed to exclude certain types of evidence from going to trial.

The opposing side can often postpone trial dates for a variety of reasons. What’s more, settlement meetings will often be mandatory by the judge in an attempt to prevent the case from going to trial.

5. Arbitration or Mediation

Most personal injury lawsuit cases in Tucson end in either arbitration or mediation. What’s the difference between these two things? Let’s start with personal injury lawsuit mediation.

With this model, both of the conflicting parties will sit down together. Together, they’ll reach an agreement in terms of a settlement. This prevents the lawsuit from going to trial.

Arbitration is another way to prevent the lawsuit from going to trial. However, it doesn’t involve an agreement.

Instead, an objective arbitrator will look at all the details gathered during the discovery phase. Then, they’ll provide a verdict.

6. Trial

If the personal injury lawsuit goes to trial, you can expect the whole process to take a few days. Once all the evidence has been presented, they’ll reach a verdict.

If the defendant is found responsible for the injuries, the judge will order the amount of damages they owe. However, it isn’t always over there. After the trial, either side can seek an appeal.

In some cases, this can prolong the trial by months or even years. As such, it’s usually preferable to try and settle the case before it goes to trial.

How and Where to File Your Lawsuit in Arizona

If you and your attorney decide that filing a personal injury lawsuit is the best course of action, you need to know how and where to file it. You’ll start by preparing a complaint with your attorney.

A complaint is an extensive legal document that’s carefully organized into sections. Each section contains things like:

• Who is involved in the lawsuit
• Details of the accident (when, where, and how it happened)
• The injuries you sustained
• Why the person or entity your suing is legally responsible for the injuries
• The damages that the court should grant you

An experienced legal expert is vital for preparing your complaint. That way, you can be sure that it’s both organized correctly and contains relevant information. Once your complaint is prepared, it’s time to file it.

This will be done at the Arizona Superior Court in your county. If you live in Tucson, that would be the Pima County Superior Court.

Time Limits on Personal Injury Lawsuits in Tucson

You don’t have forever to file your personal injury lawsuit. In Arizona, you have a statute of limitations.

You can think of these as claim killers. If you don’t file before the deadline, you lose the ability to file your claim forever.

The general rule for personal injury statute of limitations comes from Ariz. Rev. Stat. § 12-542.1. It states that you have two years to file a lawsuit. This two-year time mark begins on the day that you were first injured.

That’s why it’s important to document this fact either with medical or workplace records. That said, there are some exceptions to the two-year time limit rule. The first is for minors.

If you’re under eighteen years of age, the statute of limitations doesn’t begin until you legally become an adult.

Next, if the defendant is absent from Arizona (in another state), the limitations are put on pause. That way, the person can’t run away from the lawsuit.

Lastly, there’s the discovery rule. This one is a little more complicated. But, if you don’t know you’re injured right away, the lawsuit doesn’t begin until you discover (or should have discovered) that you’re hurt.

What to Look For in a Personal Injury Attorney

A good personal injury attorney can often mean the difference between a favorable outcome and a case that’s thrown out by the judge. So how do you find the right one for your needs?

First, look for someone with experience. The more years they have under their belt, the more likely they’ll be able to get you the damages you deserve.

Awards can also be a good indication that you’re dealing with a professional. For example, our managing partner Mark Sweet has an extensive list of awards you can check out here.

Next, make sure you feel heard during the free consultation. You want a legal professional who cares about what you’re going through. You’re going to be spending a lot of time together, so if something feels off, seek another attorney instead.

Lastly, it’s a bonus if they have experience dealing with your specific injury. Preparing evidence for injuries from a car accident can be a lot different than doing so for ones from a dog bite.

As such, it helps to have someone with some firsthand knowledge of how to approach the discovery phase.

Have You Been Injured? Contact Sweet Lawyers

Ideally, you now know what to expect during the personal injury lawsuit process in Tucson. It’s important to remember that personal injury law isn’t the same everywhere in the United States.

That’s why it’s vital to find an attorney that specializes in Arizona personal injury law.

Here at Sweet Lawyers, we have a long history of getting our clients the results they need. So if you’re ready for your free consultation with a professional, contact us today.