Personal Injury Lawsuit in Gilbert, Arizona
Automobile accidents happen every day. Living in Mesa, Arizona, increases the chance of being in such an auto accident.
The reason is still being determined, but it might be a factor since many residents are past retirement age. The people living in Gilbert, Arizona, are generally younger. Still, they have their share of accidents as well.
Whatever the reason, the likelihood of an auto accident can impact your life more and more frequently. When anyone gets behind a car’s wheel, another vehicle is waiting to smash into it.
Always be prepared for an accident to happen.
When an automobile accident does happen, and it most surely will, the injured driver must take necessary steps to protect themselves. After seeking medical attention, the first thing to do is call an attorney. This isn’t a matter of greed; it is just the intelligent thing to do. Be assured that everyone else involved is taking steps to protect themselves.
When he contacts his attorney, the lawyer will collect all the information needed to protect the injured party’s rights. Police reports, medical information, lost wages, and any other evidence of injuries or property damage from the at-fault driver’s actions will be secured and reviewed.
The at-fault driver will have already contacted his insurance company. The insurance company’s representative will contact the injured person quickly, hoping to make a quick and cheap settlement. The only intelligent response to the insurance is, “See my lawyer.”
Once an Arizona-licensed personal injury attorney is secured, they will collect all the information available about the people involved, whether they live in Mesa, Gilbert, Chandler, or Arizona. They will also secure the injured party’s monetary damages, including medical bills, property damage, lost wages, and any other expenses from the at-fault driver’s actions. He will then begin settlement discussions with the insurance company’s people.
Even during those talks, the licensed Arizona lawyer must prepare to file a Personal Injury action in court.
A personal injury lawsuit is a legal claim filed in court asking that the at-fault driver compensate the injured party for the monetary damages due to the at-fault driver’s actions.
To file such a lawsuit, a “complaint” must be prepared. A complaint describes the accident, the damages suffered, and why the at-fault driver is responsible. It will also make a demand for money to compensate for that loss. This document is then filed in court and served upon the defendant at-fault driver.
The filing of the personal injury lawsuit is necessary, even though settlement negotiations are underway and appear to be going satisfactorily.
The injured party must file a lawsuit within the Statute of Limitations. In Arizona, that is two years from the date of the accident. The “Plaintiff” must file the case to preserve the claim. The claim is lost if the injured party does not file the lawsuit within that period. The time limit is called the Statute of Limitations. If the personal injury action is not filed or settled within the time limit outlined in the statute of Limitations, it will be lost forever.
Filing a personal injury lawsuit is the only thing that can protect the injured party’s right to do the things necessary to secure compensation for his losses. A jury can determine the injured party’s claim if the parties do not settle.
By a jury, the court can resolve the monetary damages suffered by the injured driver and require that the at-fault driver or his insurance company pay those damages. That is all the court can do. It cannot order the at-fault driver to fix the injured party’s car or clean his clothes. Demanding someone to do something would be slavery, something that has been outlawed since Abraham Lincoln.