Find The Best Car Accident Lawyer in Mesa, Arizona (2024)

How Much Does a Car Accident Lawyer Cost in Mesa, Arizona?

Most Mesa car accident attorneys offer free initial consultations for car accident cases. If they agree to take your case, they may propose a "contingency fee agreement" rather than charging an hourly rate. In this type of arrangement, you agree to give the attorney a percentage of any money they recover for you, usually between 25% to 40% of the total recovery. The percentage can vary depending on when the case settles and if it goes to trial.

In addition to the contingency fee, there may be additional costs and expenses related to your case, such as court filing fees, charges for obtaining medical records, and expert witness fees. Some lawyers cover these upfront and deduct them from your settlement, while others require you to pay these costs as they arise.

If your case is unsuccessful, you generally won’t owe any attorney’s fees under the contingency fee arrangement. However, you might still be responsible for the out-of-pocket costs incurred during the case. Discussing the specific fee arrangement and any additional costs with your lawyer during the initial consultation is important to avoid any surprises later on.

Contingency fee agreements must be in writing. Read the proposed agreement carefully and ensure you understand it thoroughly before signing.

How to Hire a Mesa, Arizona, Car Accident Attorney

Here’s a step-by-step guide to help you through the process of hiring an auto accident attorney in Mesa, Arizona.

1. Ask for Referrals.

• Ask for recommendations. Ask friends, family or colleagues if they know any reputable car accident attorneys in Mesa. Personal recommendations can provide valuable insights into an attorney’s experience, demeanor, personality and success rate.
• Do your research. Look up attorneys online, focusing on those who specialize in car accident cases. Check their websites for information on their experience, areas of practice and client testimonials.

2. Evaluate Candidates' Experience and Expertise.

• Specialization. Arizona allows attorneys to become State Bar certified as a specialist in certain areas of the law. If you are injured or your loved one is killed in an auto accident, retaining a State Bar of Arizona Personal Injury & Wrongful Death Certified Specialist is one way to ensure your lawyer has extensive knowledge about these types of claims.
• Experience. Previous experience working for an insurance company can be extremely valuable for a car accident attorney. A background that includes working for the Maricopa County District Attorney often indicates extensive trial experience.
• Track record. Ask about the attorney’s track record in handling car accident cases, particularly in Maricopa County. An attorney with a strong history of securing favorable settlements or verdicts can be a good choice.

3. Schedule One or More Consultations

• Free, no-obligation evaluation. Most Mesa car accident attorneys offer a free initial consultation. Use this opportunity to discuss your case, ask about their experience and gauge whether you feel comfortable with them. They can advise whether your case has merit and is legally viable.
• Ask questions. During the consultation, ask who will handle your case (the attorney or an associate) and how they plan to approach it. Understanding their strategy and communication style is crucial. Clarify their fee structure, including the percentage they will take from your settlement and any additional costs you may be responsible for.

After meeting with a few attorneys, compare their experience, communication style and fee structures. Choose the attorney you feel most confident will represent your best interests and with whom you feel most comfortable. Once you’ve chosen an attorney, review the contract carefully before signing. Ensure all terms, including fees and costs, are clearly outlined and that you’re comfortable with the agreement.

Hiring the right car accident attorney in Mesa can significantly impact the outcome of your case, so take the time to choose wisely. Pursuing a personal injury or wrongful death case can take a long time, and you will work closely with your attorney throughout the process. The right legal representation will help you navigate your claim with confidence.

Average Car Accident Settlement in Mesa, Arizona

The average car accident settlement in Mesa, Arizona, can vary widely depending on several factors, including the severity of the injuries, the extent of property damage, the level of fault, and the specific circumstances of the accident. Settlements typically include compensation for economic damages (such as medical bills and other out-of-pocket costs) and non-economic damages (like emotional distress, pain and suffering).

Severe accidents that involve fatalities or catastrophic injuries, such as traumatic brain injuries, spinal cord injuries and long-term disabilities, can result in much higher settlements. These cases often involve substantial medical expenses, rehabilitation costs, lost income and earning potential, and significant pain and suffering. Victims may need to sue the at-fault party to recover compensation above their insurance policy limits.

Even in a minor car accident, having an experienced car accident lawyer can significantly influence the size of your settlement. A qualified car accident attorney in Mesa can give you a more accurate estimate of what your case is worth based on your specific circumstances.

Filing a Car Accident Lawsuit in Arizona

Filing a car accident lawsuit in Arizona requires understanding the state's legal framework, including the statute of limitations. You generally have two years from the date of the accident to file a personal injury lawsuit. Failing to file within this period typically means losing the right to seek compensation.

Arizona also follows a "pure comparative negligence" rule, meaning you can recover damages even if you were partially at fault, though your percentage of fault will reduce your compensation. This is true even if you were 99% at fault for an accident, although you cannot recover damages if you intentionally, wantonly or willfully contributed to your injuries (such as by choosing to drink and drive with a BAC over the legal limit).

How Does a Car Accident Lawsuit Work in Mesa?

Recovering compensation for a Mesa car accident involves several key steps:

• Attorney evaluation and strategy. An experienced car accident attorney will evaluate your case, review the accident details, assess and value potential damages and advise on the best course of action.
• Pre-lawsuit negotiations. Your attorney will often send a demand letter to the at-fault party’s insurance company, outlining your injuries, damages and the compensation you seek. The insurance company may offer a settlement. If the offer is fair, you may choose to settle out of court or continue to negotiate.
• File a lawsuit. If settlement negotiations are unsuccessful, your attorney will draft a legal complaint detailing your claims against the at-fault party. After you review and approve it, the complaint will be filed with the Maricopa County Superior Court. This officially starts the lawsuit process.
• Serve and wait for a response. All defendants must be formally served with the complaint and a summons notifying them of the lawsuit. They have a set time to respond to the complaint, usually by filing an answer with the court admitting or denying the allegations.
• Discovery. Both parties exchange evidence, including documents, witness statements and medical records. Depositions (sworn out-of-court interviews) may also be taken during this phase.
• Pre-trial motions and settlement discussions. Either party may file motions, such as a motion to dismiss the case or a motion for summary judgment (requesting a ruling based on the evidence without going to trial). During this phase, many cases are settled out of court using mediation, arbitration or renewed settlement discussions.
• Trial. If the case isn’t settled, it proceeds to trial. Both sides present their arguments, evidence, and witness testimony to a judge or jury. The judge or jury delivers a verdict, deciding on liability and the amount of damages to be awarded.
• Appeals. Either party can file motions with the trial court to alter or reconsider the verdict and may appeal the decision to a higher court.

The litigation process can be complex and time-consuming. Having an experienced attorney is essential to navigate the legal system and makes achieving the best possible outcome much easier.

Types of Car Accident Cases in Mesa, Arizona

Car accident lawsuits in Mesa, Arizona, typically involve one or more of the following bases of legal liability.

• Negligence. The most common basis for car accident lawsuits is negligence. All drivers are legally obligated to operate their vehicles safely and follow traffic laws. You must show that another driver breached their duty, and that the breach directly caused your injuries and damages.
• Negligence Per Se. In Arizona, if a driver is convicted of breaking a law intended to protect public safety (like running a stop sign or driving under the influence), the conviction itself is considered negligence per se. This establishes that the other driver is legally liable, so a plaintiff just has to prove they suffered damages as a result and prove their value.
• Strict liability. If an accident was caused by a defective vehicle or product, a plaintiff can hold the manufacturer or seller liable for damages without proving they were negligent.
• Wrongful death. If a car accident results in death, the surviving family members or personal representative can file a wrongful death lawsuit on behalf of the estate.

Each of these claims requires specific evidence and legal arguments. It's essential to consult with an experienced attorney to determine the best approach for your particular case.