Car Accident Attorney Phoenix

Long Experience In Car Accident Cases In Phoenix

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In essence, Morgan Sterling law firm combines legal acumen with a deep understanding of your needs, utilizing a mix of preparation, negotiation, and trial advocacy to win cases.​

Austin Morgan
Personal Injury

Car Accident cases​ In Phoenix

A car accident case in Phoenix follows many of the same steps as handling a case elsewhere. But there are local considerations and legal nuances specific to the area

1. Initial Consultation For an Accident Case In Phoenix

  • Meeting with the Client: Our attorney will meet with you (or potential client) to gather the details of the accident, including where and how it occurred, who was involved, and any injuries sustained. This may include asking for a copy of the police report and details of any medical treatment.
  • Understanding Arizona Laws: Arizona is a “fault” state for car accidents. Meaning the driver who is responsible for causing the accident is financially liable for damages. Our attorney will assess the situation to determine who was at fault. And whether you can make a claim against the at-fault driver’s insurance.

2. Investigation of the Accident

  • Collecting Evidence: In Phoenix, this could involve gathering:
    • Police Reports: Our attorney will request a copy of the police report, which is an important document in Arizona for proving fault in accidents.
    • Insurance Information: We’ll gather the insurance information of all involved drivers.
  • Witness Statements: Arizona law allows attorneys to speak to witnesses who may have seen the accident or can provide testimony on the driving conditions, weather, or other factors.
  • Traffic Camera Footage: In Phoenix, attorneys may also seek out footage from nearby traffic cameras or from businesses that may have recorded the accident scene.
  • Accident Reconstruction: In complex cases, an attorney might hire an accident reconstruction expert to determine how the accident happened. Especially if there are disputes about fault or if the damages are severe.

We work to ensure you receive compensation that reflects immediate medical expenses. And also pain, suffering, and any diminished future prospects.

3. Handling Arizona-Specific Insurance Laws

  • Arizona’s Fault System: Arizona requires that the at-fault driver’s insurance (or the injured party’s own insurance, if applicable) pay for damages. Our attorney will review the details of the accident to determine who is at fault. And initiate claims with the responsible insurance company.
  • Comparative Negligence: Arizona follows a “comparative negligence” rule. This means that if both parties are found to share some fault, compensation is reduced based on the percentage of fault assigned to each party. For example, if you are 20% at fault, your recovery may be reduced by 20%. Our attorney will carefully evaluate the evidence to argue for minimal fault on your part.
  • Uninsured/Underinsured Motorist Coverage: If the at-fault driver is uninsured or underinsured, our attorney will help you pursue compensation through your own insurance policy’s uninsured/underinsured motorist coverage. Which is mandatory in some cases in Arizona.

4. Medical Treatment and Documentation

  • Medical Records: Our attorney will ensure your medical treatment is documented, including doctor’s visits, physical therapy, and any ongoing care needs. We’ll work with medical providers to obtain all necessary records and bills.
  • Assessment of Long-Term Impact: Arizona attorneys will consider both immediate injuries and any long-term effects the accident may have on the client’s health and ability to work. We may consult with medical experts to predict the future impact of injuries.

5. Negotiating with Insurance Companies

  • Insurance Claims: Our attorney will file claims with the at-fault driver’s insurance or the client’s own insurance. Arizona attorneys are skilled at handling negotiations with insurance companies, which may offer a low settlement initially. They will advocate for a fair settlement that covers medical bills, lost wages, pain and suffering, and property damage.
  • Negotiation Strategy: In Phoenix, attorneys will aim to settle the case without going to court. Litigation can be time-consuming and costly. We will aim to negotiate a settlement that adequately compensates you.

6. Filing a Lawsuit (If Necessary)

  • Filing a Personal Injury Lawsuit: If the case does not settle with insurance negotiations, our attorney may file a personal injury lawsuit in Maricopa County (Phoenix is in Maricopa County). Arizona law generally allows up to two years from the date of the accident to file a lawsuit (Statute of Limitations).
  • Discovery and Pre-Trial: Our attorney will initiate discovery, which involves exchanging documents, taking depositions, and gathering additional evidence to support the case. This may include deposing witnesses, experts, or the other driver.
  • Trial: If the case goes to trial, the attorney will represent you in court. He will be presenting evidence to establish the at-fault party’s liability. He will prove the extent of damages you suffered.

7. Settlement or Trial

  • Settlement: Arizona attorneys often work to reach a fair settlement before trial, as most cases do not go to court. If a settlement is reached, we will ensure you understand the terms and implications before agreeing to it.
  • Trial: If the case does go to trial in a Phoenix court, our attorney will present the case to a judge and jury. And use all the collected evidence to argue for a favorable verdict for you.

8. Post-Case Considerations

  • Debt Management: If you have medical liens or other debts related to the accident, our attorney will work to resolve those after the case is settled or a verdict is reached.
  • Final Settlement: Our attorney will ensure that any final settlement or award is processed correctly. And he make sure you receive the compensation owed, factoring in legal fees, medical liens, and other costs.
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