TRACY MORGAN’S ACCIDENT LEADS TO A PERSONAL INJURY LAWSUIT
The Tracy Morgan accident is a good example of a personal injury lawsuit in action. If you have not followed it closely, comedian and actor Tracy Morgan has filed a personal injury lawsuit following a June 7th, 2014 auto accident where Morgan’s limo van, carrying a driver and five other passengers, was struck by a Wal-Mart tractor-trailer. During the auto accident, three passengers were injured including Morgan who sustained a broken leg, nose, ribs, and traumatic brain injury. Morgan’s mentor, comedian James “Jimmy Mack” McNair was killed in the accident.
We can all hope to never suffer from such a horrendous car accident but if you should find yourself in such a situation you may need to pursue legal action. Below are the steps you need to know: nd in disregard of (their) own best interests.” READ MORE HERE
How To File For A Personal Injury Lawsuit In Arizona
- Writing the Complaint: In Arizona, the first step in filing a lawsuit is drafting a complaint. A complaint states your case against an individual, group of individuals or a business you are suing. The person or company bringing a complaint is referred to as the plaintiff, and the person or company charged with violating a legal right is referred to as the defendant.
- Serving The Defendant: Once filed, a complaint must be served with a summons to the defendant. This is required under the law of Arizona to ensure that the defendant actually knows that they’re being sued, and has time to find a lawyer and prepare a defense.
- Waiting for The Response: Now a defendant usually has 20 calendar days to file a response, called an “answer” with the court.
- Motion to Dismiss: A motion to dismiss can be filed in place of an answer. A motion to dismiss asks the court to dismiss the complaint because there is some defect in it or in how it was served.
- The Discovery Time: Both parties must provide an Initial Disclosure Statement to the other side. In the brief of Arizona Rule of Civil Procedure 26.1, each party provides all of the information that a person has or can get with reasonable efforts that may be useful to the other side.
- Motion for Summary Judgment: A motion for summary judgment can occur after an answer is filed. An MSJ is often filed after discovery to educate the judge about the issues and ask him or her to dispose of the case before it goes to a jury
- Arbitration: Arizona law requires certain claims, usually about $50,000 or less, to be heard before a court-appointed arbitrator. The arbitrator’s decision is not binding on the court or the jury but can cause a case to settle.
- Trial: If the defendant answers the complaint then you go to court. If you cannot agree on issues, a trial date will be set.