Hurt in a Phoenix Car Accident? What a Free Case Evaluation Involves
If you were hurt in a Phoenix car accident, you will probably see the phrase "free case evaluation" on almost every injury law firm's website. It sounds simple, but many people are not sure what actually happens, what they should bring, or whether talking to a Phoenix car accident lawyer commits them to anything. This guide explains what a free case evaluation usually involves, what a law firm looks at, and which Arizona rules shape the conversation.
This is general information, not legal advice. Every crash is different, and only a licensed Arizona attorney who has reviewed your facts can tell you where you stand.
What is a free case evaluation?
A free case evaluation is a first conversation, usually by phone, video or a short online form followed by a call, in which a law firm learns the basic facts of your crash and decides whether it may be able to help. There is normally no charge for this first review, and you are not agreeing to hire anyone by having it.
The evaluation is a two-way screen:
- The firm is deciding whether your situation looks like a claim it can take on, based on what happened, how you were hurt, what insurance may be available and how much time is left to act.
- You are deciding whether you are comfortable with the firm, whether its explanation of fees makes sense, and whether you want representation at all.
Nothing in that first conversation makes a lawyer your lawyer. In Arizona, a lawyer who takes an injury case on a contingency basis needs a written fee agreement signed by the client (more on that below), so representation starts with paperwork, not with a phone call.
What questions will you be asked?
Expect practical questions. Having the answers ready makes the evaluation faster and more useful:
- When and where did the crash happen? The date matters for deadlines. The location (a Phoenix city street, a freeway, a parking lot) can tell the firm which agency took the report and whether a government entity might be involved.
- How did it happen? Who was driving which vehicle, which direction everyone was going, the traffic signals, and anything the other driver said.
- Were police called, and do you have a report number?
- How were you hurt, and what treatment have you had? Emergency room, urgent care, your primary doctor, physical therapy, imaging, and any treatment still planned.
- Have you missed work? Days missed and whether your job can be done with your injuries.
- What insurance is involved? The other driver's insurer if you know it, and your own policy, including whether you bought uninsured and underinsured motorist coverage.
- Have you talked to any insurance company, signed anything or received an offer?
- Have you already spoken with or hired another lawyer about this crash?
Answer honestly, including about anything that might hurt your claim, such as a prior injury to the same body part or a citation you received. A firm cannot give you a realistic picture without the full story.
What should you gather before the call?
You do not need a complete file to ask for an evaluation, but these items help:
- Photos and video from the scene, the vehicles and your injuries.
- The police report number and the name of the agency.
- The other driver's name, plate and insurance information.
- Your own auto insurance declarations page.
- Medical visit summaries, bills and any work notes from your doctor.
- Repair estimates, rental car receipts and pay stubs showing time missed.
How do you get a Phoenix police crash report?
If the Phoenix Police Department handled your crash, its Public Records and Services Bureau takes requests through an online portal at phxpublicsafety.phoenix.gov, where "Traffic Crash" is one of the request types. The city's public records page lists the current fees. At the time of writing, non-commercial requests for a traffic crash report are free for digital release, or $0.25 per page for printed copies. The city emails you when a request is completed.
Crashes on interstate highways and freeways in Phoenix are usually investigated by the Arizona Department of Public Safety rather than Phoenix Police, according to the Phoenix Police Vehicular Crimes Unit. DPS takes report requests through its Public Services Portal.
Under A.R.S. § 28-667, an officer who investigates a crash involving injury, death, a citation or more than $2,000 in property damage must complete a written report, and the agency must provide a copy on request to a person involved in the accident or their representative.
What does a law firm look at during the evaluation?
Every firm has its own process, but most evaluations come down to four questions.
1. Who was at fault, and how much?
Arizona uses pure comparative negligence. Under A.R.S. § 12-2505, if you share some fault for the crash, your claim is not barred, but your damages are reduced in proportion to your share of fault. Arizona has also largely abolished joint and several liability: under A.R.S. § 12-2506, each defendant is generally liable only for its own percentage of fault, and the jury can consider the fault of everyone who contributed to the crash. That is why a firm will ask detailed questions about how the crash happened and whether anyone else, such as a third vehicle, may share blame.
2. How were you hurt, and how is treatment going?
The firm will want to understand your injuries, the treatment you have had and the treatment your doctors expect. Gaps in care, or waiting a long time to see a doctor, can make it harder to connect injuries to the crash, so be ready to explain your treatment timeline.
3. What insurance is available?
Arizona's minimum liability limits under A.R.S. § 28-4009, for policies issued or renewed on or after July 1, 2020, are $25,000 for bodily injury to one person, $50,000 for two or more people, and $15,000 for property damage. Serious injuries can exceed those minimums. Your own uninsured and underinsured motorist coverage, which Arizona insurers must offer in writing under A.R.S. § 20-259.01, may matter if the other driver had no insurance or not enough. Bring your declarations page so the firm can see what you bought.
4. How much time is left?
Arizona's general deadline to file an injury lawsuit is two years after the cause of action accrues, under A.R.S. § 12-542. If a public entity or public employee may be responsible, such as a city vehicle or a government-maintained road, a notice of claim generally must be filed within 180 days under A.R.S. § 12-821.01, and the statute says a claim not filed in time is barred. Our guide to the Arizona car accident statute of limitations covers these deadlines in more detail. Asking for an evaluation early leaves more time to collect evidence and meet deadlines.
How do car accident lawyers in Arizona get paid?
Most injury firms work on a contingency fee, meaning the fee is a percentage of any recovery, and there is typically no fee if there is no recovery. Arizona's ethics rules set firm requirements for these agreements. Under Arizona Rule of Professional Conduct ER 1.5(c), a contingent fee agreement must be in a writing signed by the client and must state how the fee is determined, including the percentage for settlement, trial or appeal, the expenses that will be deducted from the recovery, and whether those expenses are deducted before or after the fee is calculated. The State Bar of Arizona's ER 1.5 guidance also notes that a lawyer's fee must be reasonable throughout the representation.
Arizona courts take the writing requirement seriously. In Levine v. Haralson, the Arizona Court of Appeals held that unwritten contingent fee agreements are void as against public policy.
Fee percentages and expense policies vary from firm to firm, so read the agreement carefully and ask questions before you sign.
Questions worth asking during your evaluation
- Do you handle Arizona car accident claims regularly, and who will actually work on my file?
- What is your fee percentage, and does it change if the case goes to trial?
- Are case expenses deducted before or after your fee, and will I owe anything if there is no recovery?
- What deadlines apply to my claim?
- How and how often will you update me?
- What should I do, and avoid doing, while my claim is open?
What a free case evaluation is not
- It is not a promise. No honest firm can guarantee a result or a dollar amount during a first conversation.
- It is not a commitment. You can take time to think, read the fee agreement, or talk with another firm.
- It is not a reason to stop treatment. Your health comes first. Keep following your doctors' advice whether or not you hire a lawyer.
What happens after the evaluation?
If the firm thinks it can help and you want to move forward, it will send you a written fee agreement to review and sign. After that, a firm typically requests the police report and medical records, notifies the insurance companies that you are represented, and handles communication with the other driver's insurer. If the firm declines, ask whether it can tell you about any deadline you should keep in mind, and consider getting a second opinion soon.
Request a free case evaluation
Case Closed MVA is a free intake and attorney referral service for Arizona motor vehicle accidents. It is not a law firm and does not give legal advice. If you were injured in an Arizona car, pedestrian or bicycle accident caused by another driver, you can use the form below. Your information is sent to an Arizona personal injury law firm, which decides whether it can help. Submitting the form does not create an attorney-client relationship, and no outcome is guaranteed.
Sources
- A.R.S. § 12-542: Two year limitation for injury actions, Arizona Legislature
- A.R.S. § 12-821.01: Claims against a public entity or public employee, Arizona Legislature
- A.R.S. § 12-2505: Comparative negligence, Arizona Legislature
- A.R.S. § 12-2506: Joint and several liability abolished; apportionment of fault, Arizona Legislature
- A.R.S. § 20-259.01: Uninsured and underinsured motorist coverage, Arizona Legislature
- A.R.S. § 28-667: Written accident report, Arizona Legislature
- A.R.S. § 28-4009: Motor vehicle liability policy requirements, Arizona Legislature
- ER 1.5 Fees: best practices, State Bar of Arizona
- Levine v. Haralson, 1 CA-CV 16-0590 (Ariz. Ct. App. 2018), Arizona Court of Appeals
- Police Public Records and Services Bureau, City of Phoenix
- Phoenix Police Public Records request portal, City of Phoenix
- Vehicular Crimes Unit, City of Phoenix
- Public Services Portal, Arizona Department of Public Safety