This portion of our website is dedicated to providing personal injury lawyers with example documents that may assist in handling personal injury claims The resource center provides exemplar complaints, pleadings, and other documents. The information provided in the center and on this website may not be up-to-date and is not a substitute for original and independent legal work on the part of a qualified lawyer.
If you are the victim of a personal injury matter, please visit our homepage for more information on how Lamber Goodnow attorneys or co-counsel lawyers can assist you without any out-of-pocket cost to you.
Sample Arizona Personal Injury Complaints
You or your lawyer must file a personal injury complaint if your case has not settled before the statute of limitations period is about to expire. There can be many reasons why a case does not settle such as the accident injury victim has not completed their treatment before it becomes necessary to file a lawsuit. Other reasons include an insurance adjuster giving you the run around or low-ball settlement offer that is unjustified.
Filing a lawsuit may result in getting your Demand Letter and Demand Packet in front of a new adjuster. Having a different adjuster to review your claim before it is assigned to opposing counsel can be beneficial in moving negotiations along.
Your case may also settle sometime through the discovery phase of your case. Once a certain amount of discovery is taken in your case, opposing counsel will typically prepare a case evaluation and provide it to the insurance carrier. This gives another chance for the case to settle without having to go to trial. However, some cases get tried in court or in Non-Binding Arbitration.
Having an experienced personal injury lawyer handle your case is more essential than ever when a lawsuit needs to be filed. Listed below are some sample complaints that Lamber Goodnow attorneys have extensive experience in handling.
Sample Arizona Certificate of Compulsory Arbitration
In Arizona, when a lawsuit if filed in your personal injury action, you will also need to prepare and file a Certificate of Compulsory Arbitration. Each of the fifteen counties in Arizona have their own threshold of the amount in controversy that is required not to qualify for compulsory arbitration.
In Maricopa County, any case that exceeds $50,000 is not subject to compulsory arbitration. If the case is valued $50,0000 or below, then it can be subject to compulsory arbitration, which is ultimately arbitrated by an arbitrator who is selected by the Judge. However, if either side appeals the arbitration award, then the case will be handled at the trial court level.
In either of these situations, a Certificate of Compulsory Arbitration must be filed with your Personal Injury Complaint. A sample is provided above.
Sample Arizona Summons For Filing a Complaint
Making sure your Arizona Personal Injury Complaint is properly served requires the preparation of a Summons that is provided to the process server to provide to the Defendant along with the Complaint. The Summons instructs the Defendant of the deadline to file an Answer or responsive pleading, which is generally 20 days from the date of personal service if served inside Arizona and 30 days from the date of personal service if served outside of Arizona.
The Defendant’s attorney that is hired by insurance carrier sometimes will agree to accept service on behalf of the named Defendant for judicial economy and to avoid unnecessary service of process charges. An Acceptance of Service form is provided Defendant’s counsel, which then can be filed with the Court. This replaces the need for a Process Server’s affidavit, also filed with the court, outlining where and when the Defendant was served.
A Waiver of Service of Process is typically agreed to by a Defendant who is unrepresented since this type of agreement allows the Defendant 60 days from the date of personal service to file and Answer or responsive pleading.
Examples of Summons for an Individual, Business Entity and John or Jane Doe are listed above.
Sample Arizona Civil Cover Sheet – Filing of Complaint
In Arizona, when a lawsuit if filed in your personal injury action, you will need to prepare and file a Certificate of Compulsory Arbitration. Each of the fifteen counties in Arizona have their own threshold of the amount in controversy that is required not to qualify for compulsory arbitration.
In Maricopa County, any case that exceeds $50,000 is not subject to compulsory arbitration. If the case is valued $50,000 or below, then it can be subject to compulsory arbitration, which is ultimately assigned to an arbitrator selected by the Judge. Although the arbitrator’s award can be appealed by either side. If the award is appealed, the case would be tried in Court.
Whether your case is or is not subject to compulsory arbitration, a Certificate of Compulsory Arbitration must be filed with your Personal Injury Complaint. A sample of this filing is provided above.
This sample Civil Cover Sheet can be obtained from the Maricopa County Superior Court website. Since this form is updated regularly, you should check to make sure you have the most current form before using it to file your Arizona Personal Injury Complaint.