There is no real mystery about filing a lawsuit. Rather, it is determining whether the lawsuit is legitimate or not that is the key. Fortunately, people are not generally able to sustain legal action against their neighbor just because they do not like the color of the hat that he or she wears, though a person can still file a lawsuit about it. The clerk of the court will happily accept the check, and will just ensure that all the paperwork looks correct. It is not up to the person who takes your check at the counter to determine whether there is a legitimate reason for a lawsuit or not. In fact, whether the lawsuit is filed in Maricopa County or elsewhere in the State of Arizona, no one but a judge can determine whether any claim is legitimate or not.
You do not even need an Arizona accident lawyer to file a complaint. Anyone can file a lawsuit about anything at any time. You can sue your next-door neighbor simply because you do not like the color of their hat. This type of lawsuit might even be filed next to a legitimate personal injury suit claiming damages after a serious injury that resulted from an accident caused by someone who drove under the influence of alcohol or drugs.
It is for that reason that we hear about “frivolous lawsuits,” which are cases that usually get immediately dismissed by the judge. As veteran Phoenix injury attorneys, we hear about all sorts of cases. For example, we once heard about a case in which a person sued someone else because she felt that a car accident caused by someone else caused her to lose her “psychic powers.” Though we are not certain about the outcome of this case, as we only heard about it once, it is highly probable that it did not go anywhere. Either the judge or the jury who later heard the case would find that this alleged “loss of psychic powers” could not be easily proven, if it could ever be proven at all. Yet this lawsuit for “loss of psychic powers” would require the same piece of paper and check as any legitimate personal injury claim.
That is, in essence, how anyone in Arizona can file a personal injury claim. Arizona is know as a “notice pleading” state, which essentially means that a person does not have to include every little detail in order to continue the process of filing a complaint. However, there are additional factors that may come into play in your particular case and, if the paperwork for your personal injury suit is not filed correctly, there is a very real chance that a judge will dismiss it. This can happen even to a legitimate claim if it is filed incorrectly, and even if the court’s clerk takes your check and paperwork at the counter. These are genuine risks if the complaint was not filed appropriately in any personal injury complaint in Arizona, and is reason enough to at least talk to an experienced attorney with a background in Arizona personal injury law.