How Does An Arizona Personal Injury Claim Work?
Mark Breyer
October 01, 2009
A personal injury claim is an attempt by someone who has been injured to collect money compensation for their injuries. Unfortunately, money is the only thing that is allowed to be recovered in almost any personal injury case. Many people are frustrated by the fact that people who are injured bring claims and request money for things that money cannot fix. Money cannot undo the pain that somebody suffers. Money cannot fix a medical problem. Money does not help a family over the emotional trauma of losing a loved one or caring for someone who has been severely hurt as the result of the negligence of somebody else.
On the other hand, the law has to do something to make sure that the person who is responsible for the injury pays for what they caused. As a result, a personal injury claim is a process by which somebody who has been injured has the right to the justice that is provided for under the law.
Interestingly, people who hate the fact that the personal injury system only allows for money compensation and believe that it is a sign of "greed" by the person who was injured fails to recognize this is not an American concept. The United States did not create the idea of money damages for injuries caused by somebody else´s negligent actions. In fact, the conflict dates as far back as the Old Testament.
Returning to how a personal injury claim works however, it is a relatively simple process in theory. Obviously, the process of working through a case can be much more difficult. Overall, a personal injury claim begins with the person at fault requesting money compensation for what they have been through. Most often, this is done in making a claim against the insurance company for the person who caused the injury. If the case is not settled at that point, a lawsuit is usually filed. The filing of the lawsuit is just the beginning of what is known as the litigation process. Litigating a case basically entails answering those questions (discovery) that are posed by the other side and their lawyers, giving a deposition (a sworn statement where you answer the questions posed by the at-fault person´s attorney or insurance company´s lawyer) and ultimately going to trial. Most cases settle long before a jury trial takes place. Other cases require a jury to tell everybody involved what the case is "worth."
This means that almost every case ends one of three ways. First, there can be a dismissal of the case. In other words, either because the person who was hurt decides not to pursue the case further because a judge orders that the case does not have merit, the case can simply go away. Second, and by far the most common way a case concludes, is by settlement. This is where both parties – the defendant or insurance company for the person who is at fault and the plaintiff along with the help of their lawyer in most cases – agree to an amount of money that is fair compensation under the circumstances. Settlements are not always favorable equally to both sides. Some times, the settlement is very favorable to the person who was hurt and the insurance company or at-fault person are unhappy with the settlement. Some times, it works the opposite way and the person who asserted it is unhappy and it is the defendant or insurance company that feels that the settlement was favorable. In many cases, settlements leave both sides equally unhappy or wishing that they had ended up in a better position. However, a key to a settlement is that it is agreed upon. Nobody can force a "settlement." A settlement occurs when both parties agree that they will end the risk and the time of further litigation or potential litigation of the case.
Finally, some cases are resolved by a judgment. A judgment is a piece of paper signed by the judge. Usually, a judgment occurs after a jury has rendered its verdict. The jury verdict is not final, although it would appear that way in watching most television shows or movies. The jury verdict usually leads to a judgment signed by the judge, most often for the same amount that the jury has rendered. After that, the case will go up on appeal. Nonetheless, if the parties never settle the case and it was never dismissed, the claims process and not because it is dismissed, and not at the time of settlement, but at the time the judgment becomes "final" and there are no more avenues to appeal the judgment by any party.
On the other hand, the law has to do something to make sure that the person who is responsible for the injury pays for what they caused. As a result, a personal injury claim is a process by which somebody who has been injured has the right to the justice that is provided for under the law.
Interestingly, people who hate the fact that the personal injury system only allows for money compensation and believe that it is a sign of "greed" by the person who was injured fails to recognize this is not an American concept. The United States did not create the idea of money damages for injuries caused by somebody else´s negligent actions. In fact, the conflict dates as far back as the Old Testament.
Returning to how a personal injury claim works however, it is a relatively simple process in theory. Obviously, the process of working through a case can be much more difficult. Overall, a personal injury claim begins with the person at fault requesting money compensation for what they have been through. Most often, this is done in making a claim against the insurance company for the person who caused the injury. If the case is not settled at that point, a lawsuit is usually filed. The filing of the lawsuit is just the beginning of what is known as the litigation process. Litigating a case basically entails answering those questions (discovery) that are posed by the other side and their lawyers, giving a deposition (a sworn statement where you answer the questions posed by the at-fault person´s attorney or insurance company´s lawyer) and ultimately going to trial. Most cases settle long before a jury trial takes place. Other cases require a jury to tell everybody involved what the case is "worth."
This means that almost every case ends one of three ways. First, there can be a dismissal of the case. In other words, either because the person who was hurt decides not to pursue the case further because a judge orders that the case does not have merit, the case can simply go away. Second, and by far the most common way a case concludes, is by settlement. This is where both parties – the defendant or insurance company for the person who is at fault and the plaintiff along with the help of their lawyer in most cases – agree to an amount of money that is fair compensation under the circumstances. Settlements are not always favorable equally to both sides. Some times, the settlement is very favorable to the person who was hurt and the insurance company or at-fault person are unhappy with the settlement. Some times, it works the opposite way and the person who asserted it is unhappy and it is the defendant or insurance company that feels that the settlement was favorable. In many cases, settlements leave both sides equally unhappy or wishing that they had ended up in a better position. However, a key to a settlement is that it is agreed upon. Nobody can force a "settlement." A settlement occurs when both parties agree that they will end the risk and the time of further litigation or potential litigation of the case.
Finally, some cases are resolved by a judgment. A judgment is a piece of paper signed by the judge. Usually, a judgment occurs after a jury has rendered its verdict. The jury verdict is not final, although it would appear that way in watching most television shows or movies. The jury verdict usually leads to a judgment signed by the judge, most often for the same amount that the jury has rendered. After that, the case will go up on appeal. Nonetheless, if the parties never settle the case and it was never dismissed, the claims process and not because it is dismissed, and not at the time of settlement, but at the time the judgment becomes "final" and there are no more avenues to appeal the judgment by any party.
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