How to File a Personal Injury Lawsuit in Arizona
If you’ve been injured, Byron Browne has your back
When you’ve been hurt in a personal injury accident, a lot can change. You’re in pain, and it will take time to heal from your injuries. Medical expenses are adding up. You deserve compensation, but the person responsible for the accident is denying responsibility, and the insurance company is giving you a hard time. Your best option may be to file a lawsuit.
Attorney Byron Browne of Browne Law Group is ready to guide you through the legal process. He understands how an injury can affect your life. He knows that sometimes the only way to get the attention of the insurance company is by taking legal action. At our firm, we don’t deal with any bull. No nonsense. Just results.
What happens in a personal injury lawsuit? In general, here’s how it works:
Talk to an Arizona personal injury lawyer.
Byron Browne can review the details of your accident and discuss your legal options for recovering compensation. He can also talk about what to expect during the process. It’s important to get advice as soon as possible. In Arizona, the statute of limitations for filing a personal injury lawsuit is two years from the date of your accident. That sounds like you have plenty of time, but it can take months to build a strong case.
Our team will start working on your case.
If you decide to take legal action, we’ll start by getting the facts about what happened. Our legal team will investigate your accident. We gather evidence, review all documentation such as accident reports and medical records, and talk to witnesses. Byron Browne will also determine the total damages you suffered. These can include medical expenses, lost wages, property damage, and pain and suffering. We can send a demand letter to the negligent party, outlining the facts and giving them a chance to settle.
There may be settlement negotiations.
Most personal injury lawsuits are resolved through a settlement. It saves both parties from having to go to court. But the initial settlement offers from insurance companies are often low. They’re trying to pay as little as they possibly can. Byron Browne will deal directly with the insurance company on your behalf. But a settlement that works for both sides may not be reached at this point in the process.
The lawsuit is filed in court.
We’ll draft the documents that set your lawsuit in motion and then file them in the appropriate court. These will be a complaint that lists the facts of the case, an explanation of how the other party was negligent, the damages you suffered as a result of that negligence, and the relief you are seeking. A copy of the complaint and a summons will be served to the party you are suing (the defendant).
The discovery process begins.
Discovery is a legal term that refers to the exchange of information and evidence in the case between the two parties. Depositions of witnesses may be taken. Each side may share copies of documents, records, video, and other evidence that may be used at trial. During this process, each side gets a better idea of the strength of the case and how it will be presented in court.
There may be more settlement negotiations.
Both sides may have an interest in talking to try to resolve the case without going to trial. We’ll build a strong case for compensation. The insurance company may feel they have a strong case, too. But nobody can predict what will happen in court. We’ll keep you updated on any settlement offers and give advice. But it’s your decision about whether to accept or reject any settlement offer.
The case will go to court.
If no settlement has been reached, the trial will begin. There may be pre-trial motions and hearings to resolve some issues. It may be a jury trial or a bench trial – in which the judge hears evidence and makes a decision. Each side will be allowed to give an opening statement. As the plaintiff, your attorney would then present your case. Evidence will be presented. Witnesses will testify. Then the other party’s attorney will present their case.
Both sides can then give closing arguments. The case will then go to the jury – or the judge – for a verdict. If it is a jury trial, the judge will give jurors instructions. A decision could take hours, or even days. Sometimes even longer. But before a decision is reached, it’s still possible to resolve your case through a settlement.
Byron Browne will fight for maximum compensation
There are no guarantees when filing a lawsuit. But we can promise you that we’ll fight for the best possible outcome in your case. And because of our no-fee policy, you owe us nothing unless we get results. There are no upfront fees or other charges that you need to pay.
If you were hurt in a personal injury accident in Gilbert or anywhere in Maricopa County, learn more about your legal options. Contact us to schedule a free consultation.