Filing Personal Injury Claims and Lawsuits - Phoenix, Mesa, Scottsdale, and Beyond

The process of filing a personal injury claim and following a lawsuit through to verdict or settlement can be a confusing and overwhelming experience - especially when the victim is simultaneously recovering from an injury or mourning the loss of a loved one. This page outlines some of the facets of the legal process which require thought and attention. After educating themselves with these concepts, personal injury victims should retain the services of a legal team known for their compassion and dedication to guide them through their lawsuit.

Clients of Begam & Marks have some of the most experienced and astute legal professionals on their side. All victims of personal injury interested in filing claims or lawsuits should contact the Phoenix firm of Begam & Marks, serving Mesa, Scottsdale, Glendale, Gilbert, Peoria, Tempe, Chandler, Buckeye, Surprise, Sun City, and all nearby Arizona locations.

• The Initial Consultation
• Filing a Lawsuit
• Types of Damages
• Arbitration and Mediation

The Initial Consultation

The initial consultation with the personal injury attorney is completely free of charge. The attorney’s responsibility during this visit is to get to know the client, the facts of the case and the nature of the injuries. The attorney will ask questions and the client may ask any questions they wish. If the case appears to have merit, the attorney will arrange to secure the evidence, determine the names of the witnesses, and start an investigation. The attorney’s contingent fee agreement will be presented and explained. The client’s own insurance policies can be reviewed concerning coverage that may be applicable. A legal assistant may be present at the initial consultation and will assist the attorney and the client throughout the processing of the case. Again, there is no charge to meet with our experts in personal injury claims and lawsuits at our Phoenix law office to discuss the case and receive important advice.

Filing a Lawsuit

At some point, a lawsuit may need to be filed, either because negotiations with the insurance company have broken down, or because the limitation on the time to file it is expiring. The fact that you are in the middle of trying to resolve your case with the insurance company does not relieve you of the requirement of filing suit within the time limit. The filing of a lawsuit means a complaint and related documents are filed in the proper court. A filing fee must be paid. After a lawsuit is filed, there are court rules that govern how the lawsuit will proceed. For example, a summons and a copy of the complaint must be served upon each named defendant within a certain period of time. If this service is not done, your complaint can be dismissed and you may lose your right to proceed with the case. After service, a phase called discovery begins. This is the time when parties can ask written questions of each other, take depositions, and engage in other procedures under the rules to find out what evidence and testimony will be presented. While there are some very small personal injury claims that may be filed without the assistance of a lawyer, you generally need an experienced personal injury case specialist if it becomes necessary to file suit.

Types of Damages

Types of damages which may be awarded in personal injury lawsuits are compensatory damages and punitive damages. Compensatory damages include current and future expenses such as doctor and hospital bills, prescription drugs, therapy and rehabilitation costs, lost income, and so on. Compensatory damages also include the intangible losses which are much harder to put a price on. Intangible losses come under the general description of “pain and suffering”. In a minor injury case, pain and suffering may not be significant or long-lasting. In more serious injury cases pain can be severe, chronic, and disabling. And suffering may be unbearable and life-long, such as the suffering that is caused by the death of a child or spouse, or catastrophic injury that leaves the victim paralyzed, disfigured, disabled, or mentally impaired. The loss of the pleasure of life, the loss of social,emotional, and physical function are also part of the word “suffering”. Punitive damages are not often awarded, but their calculation is not directly related to the compensatory damages. Rather, punitive damages may be awarded in an amount which is intended to punish the wrongdoer for acts which were intentional or done with reckless disregard for others, and also to deter future similar behavior.

Arbitration and Mediation

Arbitration and mediation are two methods of resolving disputes in a cost and time-efficient manner. Arbitration is an informal procedure in which a person decides the case rather than a judge or jury. The formal, expensive process of going to court is avoided. Arbitration may be mandatory in some jurisdictions. For example, in Maricopa County (Arizona) Superior Court, all cases with the amount in controversy under $50,000 must be arbitrated. Arbitration may also be required under automobile insurance policies where uninsured or underinsured motorist coverage is involved. Mediation is a process in which the mediator acts as a facilitator to assist the parties in resolving their dispute. Typically, the mediator will meet with each side separately to discuss the merits of the case. It is then up to the parties to make their own decision on whether the case can settle.

Contact Us: Personal Injury Claims and Lawsuits - Phoenix, Scottsdale, Mesa

If you have questions about filing personal injury claims and lawsuits in the Phoenix, Scottsdale, or Mesa areas, please contact the law firm of Begam & Marks. An attorney from our office will sit down with you and go over the specifics of your case while advising you of your legal options.

For any queries relating to personal injury claims or lawsuits, contact the Phoenix office of Begam & Marks, serving Scottsdale, Mesa, and all cities and towns throughout Arizona.

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Address:
111 W. Monroe St. Suite # 1400
Phoenix, AZ 85003

Phone:
602.254.6071

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