How Do You Make a Personal Injury Claim in Phoenix?

Filing a Phoenix personal injury claim can be overwhelming. Not only were you injured without warning, but now you are dealing with statutes, paperwork, deadlines, and the stress of mounting medical bills. Understanding the process will help you pursue the compensation you deserve without the stress and guesswork.

If you or a loved one has been injured because of someone else’s negligence, Arizona law gives you the chance to hold the responsible parties accountable. From gathering evidence to negotiating with insurance companies to taking your case to court—every step matters. Let us discuss the basics of filing a Phoenix personal injury claim for some clarity and peace of mind.

At Burg Simpson, we are Good Lawyers. Changing Lives.®, and we are here to help. Call 602-777-7000 today to schedule a FREE and confidential case evaluation with a Phoenix personal injury lawyer. We can determine if you have a viable personal injury claim and the best course of action moving forward.

What Is a Personal Injury Claim?

A personal injury claim is a legal process through which an injured person can seek compensation from the party or parties responsible for their injuries and resulting losses. These claims can cover a range of accidents and incidents, including but not limited to:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Construction Site Accidents
• Dog Bites
• Slip & Fall Accidents
• Defective Products
• Medical Malpractice
• Birth Injuries

Understanding the type of claim you have is your first step toward pursuing compensation.

Personal injury claims are typically based on negligence. This means proving that someone failed to exercise reasonable care, resulting in your injury. You must demonstrate that the at-fault party owed you a duty of care, breached that duty, and that the breach was the direct cause of your injuries. In addition, you must be able to show that you suffered financial losses due to your injuries.

Sadly, some injuries are fatal. When negligence is the cause of the untimely passing of a loved one, we want justice. In cases of wrongful death, the family may be able to pursue “fair and just” compensation for the terrible loss they have suffered (A.R.S. § 12-613). Though money will not make up for your tragedy, it can help with unforeseen expenses and give your family the financial support they need to move forward.

What Do I Need to Make a Phoenix Personal Injury Claim?

To build a successful Phoenix personal injury claim, you must first gather substantial evidence. You may need:

• Medical Records: Keep all records of treatment.
• Accident Documentation: Photos (if possible), witness statements, police reports, notification to your employer or the property owner, correspondence with involved parties, etc.
• Proof of Damages: Collect bills, pay stubs, and records showing your medical costs, lost wages, and other expenses.
• Evidence of Negligence: Proof that the at-fault party owed you a duty of care, breached it, and caused your injury.

Filing a Phoenix Personal Injury Claim

Filing a personal injury claim in Phoenix involves many steps that all require careful attention. The process can be overwhelming, especially if you are injured, on your own, and unfamiliar with the legal process.

Some of the key steps in filing a Phoenix personal injury claim include:

• Consult an Attorney: Before starting your claim, we recommend seeking legal guidance. A personal injury lawyer can assess your case, determine its viability, and guide you through the process. Their insight can prevent errors that could jeopardize your claim.
• Gather Evidence: Collect relevant documentation, including medical records, accident reports, witness statements, etc. Anything that will help you build your case. The more evidence you provide, the stronger your claim will be.
• Draft & File a Complaint: While you can draft and submit a formal complaint to the clerk of the court on your own, the process can feel daunting. The document must outline your claim and the compensation you seek and adhere to Arizona’s legal requirements. Most personal injury claims in Phoenix are filed in the Arizona Superior Court in the county where the accident happened or where the defendant resides. Errors at this stage could delay or weaken your claim. Working with a lawyer ensures your claim is drafted correctly, filed with the appropriate court, and meets all standards and deadlines.
• Serve the Defendant: The at-fault party must be formally notified of the claim. Proper service gives the defendant a fair chance to respond to the lawsuit and participate in the process.
• Exchange Evidence & Testimony: Both sides participate in the discovery phase, where they share evidence, take depositions, and build their cases. This step is important for establishing facts and preparing for negotiations and/or trial.
• Negotiate a Settlement or Go to Trial: Most personal injury cases settle out of court. If a fair settlement cannot be negotiated, however, the case will proceed to trial. There, a judge or jury will determine the outcome.

Having legal support throughout this process allows you to focus on your recovery. A Phoenix personal injury lawyer will handle each step, adhere to all legal requirements, and advocate for just compensation.

How Long Do You Have to File a Personal Injury Claim in Arizona?

The statute of limitations for a Phoenix personal injury claim or wrongful death claim is 2 years from the date of injury (§ 12-542). If you fail to file within the period, you will generally lose your right to seek compensation. Exceptions only apply in very rare cases, such as when an injury or illness is not discovered until later or when the victim is under the age of 18 (§ 12-502).

Time is of the essence when you are pursuing a personal injury claim. Acting quickly gives you more time to build a strong case, helps you preserve evidence, and ensures the accuracy of witness recollections.

Seeking compensation is about safeguarding your future and getting justice when someone else’s negligence causes you or a loved one to suffer. Give yourself every opportunity for a successful outcome by taking swift action and consulting with an experienced attorney.

Do I Need a Phoenix Personal Injury Lawyer?

Though you are not legally required to work with an attorney, having a knowledgeable and practiced lawyer by your side will significantly improve your chances of securing fair compensation in a Phoenix personal injury claim.

Insurance companies try to minimize payouts or deny claims altogether to improve their bottom line. An attorney has the confidence and dedication it takes to stand up to these big companies and fight for your best interests.

A Phoenix personal injury attorney will help with the following:

• Conducting a thorough investigation into your accident
• Collecting, reviewing, and organizing all necessary evidence
• Handling negotiations and communications with insurance companies
• Assessing the full extent of your damages
• Representing you in court, if necessary

Beyond legal guidance, a lawyer can provide support and peace of mind as you are healing. They will fight for the justice you deserve and the compensation you need to get things back on track.

Read More: What Does It Cost to Hire a Personal Injury Lawyer in Phoenix?

Contact Burg Simpson Today for a FREE Consultation

Handling a Phoenix personal injury claim on your own would be incredibly challenging. You do not have to face this alone. The dedicated attorneys at Burg Simpson have 45 years of experience, countless successful verdicts and settlements, and a strong commitment to doing what is right for our clients.

If you or a loved one has been injured due to someone else’s negligence, contact us today for a FREE, no-obligation consultation. Let our team of Good Lawyers. Changing Lives.® help you seek justice and rebuild your future.