If you’ve been injured in an accident due to someone else’s negligence, the idea of filing a personal injury lawsuit can seem overwhelming. You probably have many questions, like how do I go about filing a suit and do I need a lawyer?
As experienced personal injury attorneys in Tucson, we’ve provided some information below about filing a personal injury lawsuit in the State of Arizona.
How do I file a lawsuit?
A lawsuit in Tucson and throughout Arizona requires what is known as a “complaint,” which is simply a piece of paper. In personal injury cases, this piece of paper indicates who has been injured (plaintiff), the person who caused the accident (defendant), what happened to cause the accident, and where the accident happened (jurisdiction). Once you fill out a complaint, then you submit it, along with a check, to the clerk of the court.
Who can file a lawsuit?
Anyone can file a lawsuit. You could file a lawsuit against your neighbor for wearing shoes you don’t like. It is not up to the filing clerk to determine if your lawsuit is legitimate. The clerk simply ensures you have completed your complaint and submitted your check. In fact, in Tucson and throughout Arizona nobody other than a judge can make a final decision as to whether a claim is legitimate or not.
In the example above, since there is no law limiting or dictating the kinds of shoes people wear, your lawsuit would be thrown out. But the point is it can still be filed and come before a judge, who will determine its legitimacy.
What are frivolous lawsuits?
Frivolous lawsuits are insufficient claims, not supported by the laws and facts (like the shoe example above). Judges dismisses many of these cases. Another example of a frivolous lawsuit involved a woman who was in a car accident and claimed that she lost her psychic powers due to that accident. “Loss of psychic powers” is not something easily proven. However, this lawsuit only required that the plaintiff file a complaint and submit a check, right alongside legitimate lawsuits involving victims seriously injured by drunk drivers. Again, it is not for the filing clerk to decide legitimacy; in Tucson and throughout Arizona, it is up to the judge.
Do I really need a personal injury attorney?
Arizona is a “notice pleading” state. This means that you don’t have to dot every “i” and cross every “t.” But doing so involves some risk and the judge may dismiss your personal injury suit because of incorrect paperwork, even if you have a legitimate claim. That’s why it’s so important to hire a Tucson personal injury lawyer if you’re going to file a lawsuit in the State of Arizona. The Arizona Rules of Civil Procedure can be quite complicated, and if you’re not a trained trial lawyer, they can be difficult to follow. When filing a lawsuit, it’s important to have an experienced personal injury attorney on your side. Before doing so, though, be sure to consult with such an attorney to ensure you have a legitimate case.
At Breyer Law Offices, we have experienced personal injury attorneys who are here to answer your questions and offer the guidance you need to make a decision about pursuing a lawsuit. Simply give us a call for a free, confidential assessment of your case.