Filing a Personal Injury Lawsuit In Arizona
Mark Breyer
October 01, 2009
The idea of filing a lawsuit can seem overwhelming to many people. How is a lawsuit filed? How much does it cost to file a personal injury lawsuit? Do I need a lawyer to file a lawsuit in Arizona? These and many other questions often arise for the person who is facing the prospect of considering whether to move forward with a personal injury case.
The filing of a lawsuit is actually very simple. A piece of paper with a few key words on it and a check delivered to the clerk of the court constitute a lawsuit. That is it. A check and a piece of paper.
It may sound overwhelming even when it is simplified in that way, because people do not know what belongs on that piece of paper. While, filing a lawsuit in Arizona requires what is known as a "Complaint." A Complaint is simply a piece of paper that indicates who the plaintiff is (in a personal injury case this is almost always the person who was hurt or the family of a child who was hurt or a family who has lost a loved one) along with the name of the person who caused the accident (this is known as the defendant in Arizona) as well as what happened that caused the accident. Now, there are usually a few other statements such as jurisdiction (in Maricopa County you have to indicated that the claim belongs in that county) as well as indicating what the "defendant" did wrong to cause the accident.
However, anybody can file a lawsuit about anything at any time. You could sue your next door neighbor because you do not like the color of the shoes that she was wearing that day. That lawsuit would be filed right next to a legitimate lawsuit related to someone who caused a serious personal injury because they were drinking and driving. In other words, there is no magic in "filing a lawsuit" in Arizona. The real key is to whether or not there is a legitimate lawsuit. You see, you're not allowed to sustain an action against your neighbor because you don't like the color of her shoes. There is no law that allows you to dictate what color shows your neighbor may wear. However, when you file a lawsuit it is simply accepted by the clerk of the court. In other words, there is somebody at the filing counter who accepts the check that you have written and makes sure that the paperwork looks right. It is not up to the person at the filing counter to tell you whether or not there is or is not a legitimate lawsuit being made. In fact, in Maricopa County and throughout the State of Arizona nobody other the judge can make a final decision as to whether or not the claim is legitimate or not.
Therefore, when we hear so much about "frivolous lawsuits" we are often dealing with cases that are immediately dismissed by the judge. I once heard about a case where somebody sued somebody else because she felt that the car accident caused her a loss of her "psychic powers." Now I don't know what happened with case as I only heard about it once, but I have to assume that the claim did not go anywhere. I have to assume that either the judge or later a jury found that the "loss of psychic powers" was not easily proved. In fact, I don't it was proved at all. However, the lawsuit for "loss of psychic powers" only requires the same piece of paper and check to be written as a legitimate personal injury lawsuit.
Now, perhaps I have oversimplified the filing of a lawsuit. If you file paperwork incorrectly the case can be dismissed. Although Arizona's a "notice pleading" state, in other words a state where you do not have to dot every I and cross every T to continue after the filing of the Complaint, there are real risks to not making sure the Complaint was filed appropriately. While the clerk will accept your check and your paperwork at the counter, a judge may later dismiss a claim if it is not filed correctly.
Although people are not required to hire an Arizona personal injury lawyer to file a lawsuit in the state, it is usually advisable. It is too bad that the system has gotten as complex as it has. The Arizona Rules of Civil Procedure can be very complicated for someone who does not practice personal injury law in Arizona on a regular basis. The Arizona Rules of Evidence can be equally overwhelming to somebody who has not been trained and is not a trial lawyer. Therefore, it is almost always best to have a lawyer at your side when you bring a lawsuit. For that matter it is more important to at a minimum talk to an experience Arizona personal injury lawyer before filing a lawsuit. That way, at a minimum you can be given the guidance you need in order to make the best decisions about whether to pursue a lawsuit, and if you do choose to do so how it is best to pursue claim.
The filing of a lawsuit is actually very simple. A piece of paper with a few key words on it and a check delivered to the clerk of the court constitute a lawsuit. That is it. A check and a piece of paper.
It may sound overwhelming even when it is simplified in that way, because people do not know what belongs on that piece of paper. While, filing a lawsuit in Arizona requires what is known as a "Complaint." A Complaint is simply a piece of paper that indicates who the plaintiff is (in a personal injury case this is almost always the person who was hurt or the family of a child who was hurt or a family who has lost a loved one) along with the name of the person who caused the accident (this is known as the defendant in Arizona) as well as what happened that caused the accident. Now, there are usually a few other statements such as jurisdiction (in Maricopa County you have to indicated that the claim belongs in that county) as well as indicating what the "defendant" did wrong to cause the accident.
However, anybody can file a lawsuit about anything at any time. You could sue your next door neighbor because you do not like the color of the shoes that she was wearing that day. That lawsuit would be filed right next to a legitimate lawsuit related to someone who caused a serious personal injury because they were drinking and driving. In other words, there is no magic in "filing a lawsuit" in Arizona. The real key is to whether or not there is a legitimate lawsuit. You see, you're not allowed to sustain an action against your neighbor because you don't like the color of her shoes. There is no law that allows you to dictate what color shows your neighbor may wear. However, when you file a lawsuit it is simply accepted by the clerk of the court. In other words, there is somebody at the filing counter who accepts the check that you have written and makes sure that the paperwork looks right. It is not up to the person at the filing counter to tell you whether or not there is or is not a legitimate lawsuit being made. In fact, in Maricopa County and throughout the State of Arizona nobody other the judge can make a final decision as to whether or not the claim is legitimate or not.
Therefore, when we hear so much about "frivolous lawsuits" we are often dealing with cases that are immediately dismissed by the judge. I once heard about a case where somebody sued somebody else because she felt that the car accident caused her a loss of her "psychic powers." Now I don't know what happened with case as I only heard about it once, but I have to assume that the claim did not go anywhere. I have to assume that either the judge or later a jury found that the "loss of psychic powers" was not easily proved. In fact, I don't it was proved at all. However, the lawsuit for "loss of psychic powers" only requires the same piece of paper and check to be written as a legitimate personal injury lawsuit.
Now, perhaps I have oversimplified the filing of a lawsuit. If you file paperwork incorrectly the case can be dismissed. Although Arizona's a "notice pleading" state, in other words a state where you do not have to dot every I and cross every T to continue after the filing of the Complaint, there are real risks to not making sure the Complaint was filed appropriately. While the clerk will accept your check and your paperwork at the counter, a judge may later dismiss a claim if it is not filed correctly.
Although people are not required to hire an Arizona personal injury lawyer to file a lawsuit in the state, it is usually advisable. It is too bad that the system has gotten as complex as it has. The Arizona Rules of Civil Procedure can be very complicated for someone who does not practice personal injury law in Arizona on a regular basis. The Arizona Rules of Evidence can be equally overwhelming to somebody who has not been trained and is not a trial lawyer. Therefore, it is almost always best to have a lawyer at your side when you bring a lawsuit. For that matter it is more important to at a minimum talk to an experience Arizona personal injury lawyer before filing a lawsuit. That way, at a minimum you can be given the guidance you need in order to make the best decisions about whether to pursue a lawsuit, and if you do choose to do so how it is best to pursue claim.
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