PERSONAL INJURY LAWYER TUCSON
Personal injury law is the area of the law that holds people or entities responsible for an accident they caused. Using Arizona’s personal injury laws, victims of injuries can sue the defendants. While most injury claims do not end up in front of a jury, it is always a better idea to hire a lawyer rather than to represent yourself. The work performed prior to litigation will very likely determine the outcome of your case. That is why you and your attorney need to focus on documenting the case in detail with the proper doctors.
The Work of an Attorney
By hiring a lawyer, you can make sure that you do not spend any money out of your pocket in medical care or in legal costs. We work with doctors who will treat you on a lien. This law firm also pays for any costs or court expenses needed to make your case a success.
Theories of Liability
An attorney should explore all theories of liability by interrogating the witnesses, obtaining accident reports, medical records, accident investigations, accident reconstructions, and comparing the same to Arizona law. In some cases, punitive damages can be alleged and recovered. When liability is disputed, or when the defendant’s insurance does not want to honor all theories of liability, then a lawsuit can easily be e-filed in Pima County. E-filing is now available in the Pima County Superior Court, Maricopa County Superior Court, and the Yavapai Superior Court.
Typical subjects for these private injury lawsuits include:
- Car, truck and motorcycle accidents
- Workplace injuries
- Brain injuries
- Insurers not paying/investigating a legitimate claim (insurance bad faith), or delaying a proper claim
- Drunk driver accidents
- Violent crimes at a place without proper security (negligent security)
- Construction accidents
- Slips and falls at a public place, like a store (premises liability)
- Victims of crimes
Statute of Limitations
After an injury occurs, and you’re aware of it, then you have 2 years to file a lawsuit. You may settle your injury claim before that time and avoid a lawsuit. But, if you do not settle before the 2 years, then you must file a lawsuit before the 2 years are up. This statute applies to these cases when they are caused by a private individual or a private (non-government entity):
- Automobile Accidents
- Bicycle Accident
- Bus Accidents
- Car Accidents
- Dog Bites
- Drunk Driving Accident
- Motorcycle Accident
- Pedestrian Accident
- Railroad Accidents
- Truck Accidents
- Wrongful Death
Notice of Claim
In cases against the government, a “Notice of Claim” must be filed against the entity that caused the accident or injury. The deadline for properly serving the entity is not 6 months, but exactly within 180 days after the incident. Failure to do this will not allow you to file a lawsuit within a year thereafter. Hence, the typical 2 year statute of limitations, explained above, does not apply in cases against the government.
Arizona’s notice of claim statute, A.R.S. § 12-821.01, provides, in relevant part:
A. Persons who have claims against a public entity or a public employee shall file claims with the person or persons authorized to accept service for the public entity or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity or public employee to understand the basis upon which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim which is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.
The notice of claim statute “allow[s] the public entity to investigate and assess liability, . . . permit[s] the possibility of settlement prior to litigation, and . . . assist[s] the public entity in financial planning and budgeting.” Falcon ex rel. Sandoval v. Maricopa County, 213 Ariz. 525, 527, ¶ 9, 144 P.3d 1254, 1256 (2006). Thus, the notice of claim statute is designed to protect public entities and the public treasury. See Martineau v. Maricopa County, 207 Ariz. 332, 335-36, ¶ 19, 86 P.3d 912, 915-16 (App. 2004).
Compensation for Your Injuries
It is our job to maximize your potential settlement through careful review of the facts and theories of liability.
In this manner, our office is committed to obtaining the compensation you deserve. We meet personally with each and every injury victim to learn their story, their damages, and how the accident has affected their personal lives. Whether your claim involves only temporary injuries and property damage, or catastrophic damages, we will fight your case.
Adolfo Lara Lawyer in Tucson Arizona
Contact attorney Tucson Injury Attorneys Adolfo Lara and Jeff Gould for a consultation about the issues discussed in this page. Our consultations are always free, and we work on a contingent fee basis. You pay no legal fees unless we win your case! We will also review