Common Injury Questions

Answers to Basic Questions about Personal Injury Claims in Tucson

Helping injured Arizonans is our passion. Our AZ Injury Law team is always here to answer your questions and are happy to assist you with a free case evaluation if you or a loved one has been seriously hurt in an accident.

Please contact us to discuss your specific case, but here are some answers to basic questions about personal injury or medical malpractice claims in Tucson, Arizona. 

How do I know if I have a personal injury case?

In order to file a personal injury claim or lawsuit, there must be damages. For example, if a doctor made an error, but there was no illness, condition or negative impact upon your health, there is no case. To prove a case, it must be established that another party (or parties) committed an act of negligence that led to injuries, illness, health problems, or loss of life. This could be a speeding, drunk or distracted driver, for example, or a drug manufacturing company that put a medication on the market that had serious, undisclosed side effects, or a medical device that failed to function properly, and so on. Establishing liability is a crucial point in any personal injury case.


How much is my case worth?

Every case is valued on an individual basis. The degree of the injuries - whether minor, serious, catastrophic, or resulting in death - will affect the value of the claim. Both economic and non-economic damages must also be assessed. For example, the costs of treatment, rehabilitation, nursing care, transportation, loss of income from work, future estimated financial losses and other hard costs will be valued. Non-economic damages are more personal, and include emotional anguish, pain and suffering, loss of quality of life and similar damages. There are also punitive damages which are awarded in some cases, which are intended to punish the responsible party.


How do I choose a personal injury law firm?

There is a great range of skill and professionalism in personal injury law firms. To evaluate the quality of a firm, get information about their case results. If they have achieved victories in the past, this is one way to evaluate their abilities. You need to know that your attorney is a trial lawyer, and is able to present a powerful case in court when necessary.

It can be difficult to search for and sort through all the law firms in the Tucson, Arizona area in order to find the right lawyer for you. While many personal injury firms have impressive backgrounds and most will tell you “we can help” and “we have your back”, our award-winning, highly qualified lawyers actually live this mantra and have made it the foundation of the firm. 

While everyone on the AZ Injury Law team are excellent litigators, at our firm, 98% of our cases resolve with a favorable settlement. This is due to the fact that we prepare each case for trial. An insurance company will look at our submission and often make the decision that there is little chance of winning in court, and will then move forward with negotiating a settlement.

Look for a trial lawyer that has a record of success to represent you. Years of experience are also important with regard to final outcome. You can look at peer review ratings from Martindale-Hubbell® as well. All of the partners at our firm are rated AV Preeminent® - the highest possible rating.


How long will it take to reach a settlement?

Depending on the severity and complexity of a case, reaching a personal injury settlement can last weeks or even years. Because each case is unique, and we treat each client as such, there is no cut-and-dry length for your personal injury case.

Immediately after you contact us, we can begin the process - filing the necessary paperwork and let the other party that you intend to file a claim. When we begin the settlement, we dig deep into your case from documents, reports, records, witness statements and much more. The fact-finding process can take anywhere from 6 months to over a year depending on the complexities of your case. The good news is that after thorough research that can prepare us for trial, we settle 98% of our cases without going to trial. If your case is not settled, we will aggressively go to trial and fight hard for a positive verdict.


What is the statute of limitations on a personal injury case in Arizona?

Statute of limitations refers to the amount of time after a personal injury accident or after realizing the damaging effects that a person can file a claim. These limitations are set to preserve witness and evidence integrity.

While there are some exceptions to the rule, in Arizona, the standard statute of limitations for personal injury cases is two (2) years after the incident or realizing the damaging effects of an incident. This two-year deadline applies to the filing of almost all conceivable types of personal injury lawsuits, whether the case is driven by the liability principle of "negligence" (which applies to most accidents) or intentional tort (which applies to civil assault and battery and other purposeful conduct).

ARS Section 12-542 establishes the statute of limitations for car accident claims in Arizona. Under this law, car accident victims have two years to file a claim for damages. In cases involving fatal car accidents, families have two years from the date of death to seek financial compensation.


Questions About Us: Schmidt, Sethi & Akmajian

Why is your firm more qualified than some other personal injury law firms in Tucson?

Firstly, our years in practice make a difference. We have served as counsel in a wide range of injury cases, with great success. There is no substitute for experience, and our legal team has over 120 years of combined experienced. Our award-winning partners are all Board Certified personal injury lawyers - this credential indicates a much higher level of legal education, as well as decades of experience.

We have recovered over $150 million in damages since 1995, and this is another indication of our skills, commitment and dedication to those we serve. And, all of our partners have the highest possible peer review rating. We are recognized by judges, fellow attorneys, industry peers, insurance companies and former clients across Arizona for our constant professionalism, advocacy, and quality of work, we have earned the respect of the legal community and the trust of those we've represented.


Can I expect personal service for my case?

Always! We do not run a "personal injury mill." Our thoughtful, compassionate award-winning lawyers are backed by a talented, caring team of legal professionals, paralegals, bilingual assistants, notaries, and others - all dedicated to you, your case, and the compensation you deserve.

When you choose the AZ Injury Law team at Schmidt, Sethi & Akmajian you get much more than just representation from one of the most successful, savvy legal teams in Arizona - you also get access to our considerable resources, our connections, and our caring, compassionate and helpful staff which includes our associates, Spanish-speaking legal assistants, paralegals, our in-house nurse, and our qualified experts as needed.

Any personal injury case that involves serious or catastrophic injuries or a death due to negligence will require many, many hours of work. As such, we operate as a team, with three of our staff members assigned to each client - an attorney, a paralegal/investigator, and a secretary. We are responsive to questions about the progress of each case, and we answer questions within 48 hours. We promise to give your case the full attention and focus that is necessary to get results.


What makes the attorneys at AZ Injury Law so special?

The award-winning AZ Injury Law team of Schmidt, Sethi & Akmajian have practiced in the Tucson area for more than 40 years and have a combined experience of more than 120 years. Each of our partners is AV® Rated by Martindale-Hubbell® and our accolades include being ranked in Arizona Super Lawyers®, The Best Lawyers in America® and The Best Lawyers in Tucson.

But beyond our awards and accolades, advanced degrees, decades of legal experience, and the dozens of multi-million-dollar verdicts, we're also trusted, thoughtful people who truly care about our clients and our community. We are parents, leaders, friends, coaches, mentors, authors, public speakers, and proactive members of many local professional, philanthropic, and charitable organizations.

CLICK HERE to read more reasons why you should choose us to represent your catastrophic injury claim. 


What fees or costs can I expect to pay?

There are no fees and no costs until we win. Initial consultations are completely complimentary and we only get paid when you get paid. As such, we always have your case and your best interest in mind, because it's in our firm's best interest to do so. 

Our simple, stress-free, and results driven firm makes expert legal representation easy and affordable for our clients. We don't charge anything until and unless we successfully obtain compensation for you. This consultative, contingency-based model puts you - the client - first.


What types of cases do you specialize in?

As Arizona's leading personal injury and medical malpractice firm, our expertise and experience covers a myriad of complex and catastrophic accident cases including:

  • Car accidents
  • Motorcycle accidents
  • Truck accidents
  • Bicycle accidents
  • Dog bites
  • Medical malpractice / negligence
  • Product liability
  • Premises liability
  • Wrongful death
  • And many more!

CLICK HERE for a full list of the serious personal injury cases we handle.


What is your approach to personal injury claims?

Our proven approach to each case is centered around understanding the details of our client's specific injury, its impact on their life, and then pushing toward a speedy resolution. We dedicate the entirety of our resources to each case and will assign one of our board-certified law partners to handle your claim.

Our approach has proven to be extremely successful for those we represent. With thorough investigation and preparation, we tirelessly and thoughtfully prepare every case we represent as though it was going to trial. This lets insurance companies know that we are a force to be reckoned with. As such, we settle successfully 98% of the time without the need for a trial. 

When you choose Schmidt, Sethi & Akmajian to represent you, your attorney will compile the evidence and the results of the investigation to the insurance company or defendant. In some cases, more than one attorney will be involved, based upon the facts, and the complexity of the case.

We pride ourselves on legal excellence, but we're most proud of how deeply we care about our clients. Our award-winning team is constantly doing everything we can to ensure you are always respected, that your case is resolved quickly, and that you recover the maximum amount of damages you are entitled to.


What is your personal injury lawsuit process?

With decades of experience and dozens of multi-million dollar settlements under our belts, our firm has handled the most complex accident cases and have successfully fought and won against powerful defendants, large corporations, insurance companies and government entities.

If our legal representation can help you or a loved one - our client - recover the damages you are entitled to due to someone else's negligence, you can always expect exceptional counsel, exemplary representation, and effective results. 

With a passion for justice and a commitment to advocating for our clients, our firm is prepared to guide you through the legal process of obtaining compensation.

From initial case evaluation to thorough investigation to successful litigation, our proven process is what makes us successful 98% of the time. CLICK HERE to understand the various steps we take for every case we take on.


Our team works together - for you!

Our award-winning lawyers are backed by a talented, caring team of legal professionals, paralegals, bilingual assistants, notaries, and others - all dedicated to you, your case, and the compensation you deserve.

No fees and no costs until we win.

Initial consultations are completely complimentary and we only get paid when you get paid. As such, we always have your case and your best interest in mind, because it’s in our firm’s best interest to do so.

Thorough investigation and preparation.

We tirelessly and thoughtfully prepare every case we represent as though it was going to trial. This lets insurance companies know that we are a force to be reckoned with. As such, we settle successfully 98% of the time.