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How a Personal Injury Claim Works in Arizona

By The Husband and Wife Law Team on February 19, 2010

In Arizona, a personal injury claim begins with a person who has been injured due to the actions or negligence of someone else. That person files a claim requesting monetary compensation for his or her injury. In most cases, Arizona personal injury claims are made against the insurance company that represents the person who caused the injury.

At this point, most personal injury claims conclude with a settlement. In such cases, both the plaintiff and the defendant (or the defendant’s insurance company) agree to an amount of money that is believed to be fair compensation for the injuries sustained. These kinds of settlements are not always equally favorable to both sides, though. Sometimes, the settlement is more favorable to the injured person; and other times, the settlement seems to favor the defendant or insurance company.

In the majority of cases, though, both sides are typically unhappy and wish things had ended differently. However, the key point to make about settlements is that they are agreed upon by both parties. No judge or jury can force a settlement. Instead, both parties settle in order to avoid the risk of a lengthy trial.

If the case can’t be settled, then a lawsuit is typically filed. Filing a lawsuit is the beginning of the litigation process, which entails:

  • Answering questions posed by the other side and their lawyers (known as discovery).
  • Giving a deposition, which is a testimony given under oath that may be recorded and used in a trial.
  • Going to trial.

If you have any questions regarding how a personal injury claim in Arizona works, please get in touch with the skilled personal injury attorneys in Phoenix at Breyer Law Offices, P.C. We will be happy to provide you with a free, no-obligation consultation of your potential case so that you are familiar with your legal rights and options.

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Confidentially reviewed by Attorney Mark Breyer