A Notice of Claim in Arizona is a crucial step in the process of pursuing a legal claim against a public entity. In order to bring a lawsuit against a public entity, such as a city, county, or state agency, you must first give notice of your claim in accordance with the statute. The Notice of Claim serves as a formal notification to the public entity that you intend to file a lawsuit, and provides the public entity with the opportunity to investigate the incident and potentially resolve the issue before it escalates to a lawsuit.
Steps required to meet the statute
In order to meet the requirements of Arizona’s Notice of Claim statute, you should take the following steps:
Determine the public entity: Before serving a Notice of Claim, you must determine which public entity is responsible for the incident or harm that you are seeking to recover for. This may involve researching the specific laws and regulations that govern the entity, as well as consulting with an attorney who specializes in this area of law.
Prepare the Notice of Claim: The Notice of Claim must include certain information, such as a description of the incident, the time and place it occurred, the name and address of the claimant, and a description of the harm or injury suffered. It is important to provide as much detail as possible, as this information will be used by the public entity to investigate the incident and determine whether or not to resolve the matter.
Serve the Notice of Claim: The Notice of Claim must be served upon the public entity within 180 days of the date of the incident. This deadline is strict, and failure to serve the Notice of Claim within the required time frame may bar a claimant from pursuing a lawsuit against the public entity. The Notice of Claim should be filed in writing and sent via certified mail, return receipt requested, to ensure that it is received by the public entity.
Wait for a response: After the Notice of Claim has been filed, the public entity has 60 days to investigate the incident and respond to the Notice of Claim. During this time, the public entity may request additional information or clarification regarding the incident, and may also make a settlement offer or take other action to resolve the matter.
It is important to note that the Notice of Claim process can be complex, and it is recommended that claimants seek the assistance of an attorney to ensure that their rights are protected. An attorney can assist with the preparation and filing of the Notice of Claim, as well as provide guidance and representation throughout the entire process.
Conclusion and Takeaways
In conclusion, the Notice of Claim is an important step in the process of pursuing a legal claim against a public entity in Arizona. By carefully following the requirements of the statute and seeking the assistance of an attorney if necessary, claimants can increase their chances of a successful outcome and protect their rights.