950 West Elliot Road, Suite 226 Tempe, Arizona 85284

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Frequently Asked Questions

Are wrongful death cases regarded as a personal injury?

Yes, wrongful death is a type of personal injury in which the injured party dies. In this case, the family members become the recipients of the compensation. Similar to other personal injuries, you can file a wrongful death lawsuit in Tempe, Arizona, under the civil court. The compensation you ask for can be related to any economic and non-economic consequences caused by the demise.

How do I go about filing a personal injury claim?
  • Report the accident to all the necessary authorities, including the police.
  • Gather any helpful information as evidence.
  • Find out if the liable party has an insurance policy covering such accidents.
  • Hire a Tempe personal injury attorney to argue your case.
  • Decide whether to file a lawsuit or reach an agreement through alternative dispute resolution.
What is the difference between arbitration and mediation?

Arbitration is an alternative dispute resolution method where both parties agree to allow an impartial arbitrator to make the final court-binding decision to settle a dispute. The arbitrator decides after hearing both sides’ arguments. Mediation involves bringing in a third party who facilitates the negotiation and can share their expert opinion. Unlike an arbitrator, the mediator does not make the final decision but solely guides the process.

Is Alternative Dispute Resolution (ADR) better than litigation?

In most cases, yes. ADR is cost-effective and a quick way to resolve a dispute. Furthermore, ADR proceedings are private, whereas litigation involves a judge or jury, and the records are considered public. In addition, ADR preserves the corporate or personal relationship of the parties, while litigation often accomplishes the opposite.

Is pursuing commercial and business litigation difficult?

No, pursuing commercial litigation is not difficult if you hire a law firm with experienced commercial litigation attorneys and resources to defend your case. Commercial litigation is extensive and needs attorneys with knowledge about the various disputes that can arise and how the law applies in each case. For example, breach of contract cases requires a deep understanding of how contracts work and how to interpret different clauses.

What is the work of a commercial litigation lawyer?

A commercial litigation lawyer defends the business by:

  • Thoroughly investigating the allegations against the business
  • Gathering evidence and interviewing witnesses
  • Filing the necessary documents with the Tempe courts
  • Ensures the company complies with the Arizona laws
How do I resolve a partnership dispute?

You can resolve a partnership dispute by using an alternative dispute resolution method such as mediation or arbitration. These methods do not involve the courts, and you can keep the matter private. The mediator and arbitrator will help you develop an agreeable and satisfactory outcome. If ADR fails to work, you can file a lawsuit and have the case decided by a judge or jury.

What happens when one party breaches a contract?

When one party breaches a contract, the innocent party has the right to take action that will enable them to receive compensation for damages it caused. They also have the right to terminate the contract or obtain an injunction to restrain the guilty party from further breaches of contract. An Arizona commercial litigation lawyer can help you decide what cause of action is best for the partnership or business.

What are common disputes when buying a property?
  • The property has more damage than was revealed
  • Crucial items you expected to come with the property are missing
  • Who pays for damaged sections that are shared with the neighbors
  • How to pay property agents who have failed to do their work as promised
How do appeals work in civil cases?

Appeals allow the losing party in a trial court to have their case retried. This request usually occurs when the losing party feels the lower court did not examine the case details thoroughly. Appeals do not work entirely like the trial court; the judges use the previous court notes to review the case and occasionally request a fifteen-minute presentation. Afterward, they give their verdict that can either support or dismiss the earlier court ruling.

What is the main difference between first and third-party insurance claims?

The main difference between first and third-party insurance is who you are submitting the insurance claim to and the duty they owe to you. A first-party insurance claim is made directly to your insurance company, while a third party insurance claim is made against another person’s insurance claim.

How do you know a person has acted in bad faith?

A person acts in bad faith when they do something with the intent to deceive or defraud you. For example, an insurance company fails to reveal important information that prevents you from receiving your claim.

Have more questions, talk to our experienced Arizona attorneys.