How to File a Premises Liability Claim in Arizona
When it comes to personal injury cases, many are defined as premises liability issues. From slip-and-fall injuries to elevator accidents and beyond, premises liability covers a wide spectrum of cases. If you’ve sustained injuries, you may be dealing with physical trauma, emotional distress, and a number of bills or other financial difficulties. That’s why it’s important to secure an experienced attorney to help you with your case.
If you sustained your injuries while on someone else’s property, the owner may be liable. Furthermore, speaking to a qualified lawyer can help you determine your next steps. You may have legal options for pursuing compensation for damages.
Premises Liability in Arizona
First, know that your attorney must establish and prove a few facts as it relates to premises liability. Your attorney needs evidence that the at-fault party owned, occupied, or leased the property where you sustained your injuries. And once you establish ownership, you must prove that the owner failed to uphold their duty of care. In other words, the owner did not maintain the property or ensure it was kept in a safe condition.
On the whole, negligence refers to an owner’s failure to uphold their duty of reasonable care.
Investigation of Premises Liability
As mentioned above, your attorney must investigate your accident. Your attorney will obtain evidence proving the other party’s negligence. During this process, your lawyer will collect your medical records, wage loss documentation, and other proof of your damages to establish your case in court.
Keep in mind that maximum medical improvement comes into play after investigation. Your maximum medical improvement will be achieved when you have recovered as much as you can. You need to reach maximum medical improvement before pursuing your claim. Your lawyer will need to know your prognosis and any future medical or wage loss damages before pursuing your claim.
Premises Liability Demand and Litigation
Finally, your lawyer will send a demand package to the property owner’s insurance adjuster. This package will outline the owner party’s negligence, your sustained injuries, treatment, and fair settlement damages. Following this step, there will be a period of negotiation. In most cases, your lawyer will attempt to settle your claim without going to court.
Remember that you have two years to file your injury claim in Arizona, so ensure you consult a lawyer long before this time is up.
If your attorney is unable to settle your claim, they will file a complaint and litigate. Once the answer to your lawyer’s complaint is filed, a discovery phase will follow. The discovery phase will comprise written questions and their answers, related documents, and depositions. Your lawyer will continue to attempt to settle your case at various times. Typically, lawyers resolve premises liability cases at some point in this process; however, if they cannot settle your case, it will go to trial.
Premises Liability Attorney in Phoenix
Premises liability claims can be stressful, but you don’t have to go through this time alone. Our premises liability lawyers at ELG want to help you determine your best legal options. When it comes to your recovery and securing your fair compensation, our attorneys will fight for you and your family. Contact our seasoned Phoenix attorneys today to set up a free, no-hassle consultation today. Call us at our Arizona law offices at (623) 877-3600, and learn more about safeguarding your legal rights during your premises liability claim.