Chandler Civil Defense Lawyers | Attorneys for Freedom Law Firm

Civil Defense Lawyers in Chandler, AZ

Being sued can be frustrating and confusing. It is extremely important to note that, generally, you have 20 days to file a response to a Complaint once you are served with a lawsuit. If you do not appear and defend yourself, you may run the risk of having a default judgment entered against you. Even if you are wrongly sued, you must take steps to defend the lawsuit to avoid having a judgment entered against you.

Generally, when served with a Complaint, you should review it to determine who is suing you and what you are being sued for. Sometimes, it is difficult to understand the nature of the claims. Nonetheless, once the claims are known, it may be easier to determine what defenses, if any, are available to you. There are numerous defenses that may be asserted in a lawsuit. While the suing party has the burden of proving each element of his/her/its claim, many of the defenses have certain elements that must be established to potentially avoid liability.

Critically, there are certain defenses that must be asserted in your initial response to the Complaint; otherwise, they may be considered waived, such as lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process. See Ariz. R. Civ. P. 12(b). Other defenses may include lack of subject-matter jurisdiction, failure to state a claim upon which relief can be granted, or failure to join an indispensable party. Id. There are also a various affirmative defenses that must be asserted if they apply, including (a) accord and satisfaction; (b) arbitration and award; (c) assumption of risk; (d) contributory negligence; (e) duress; (f) estoppel; (g) failure of consideration; (h) fraud; (i) illegality; (j) laches; (k) license; (l) payment; (m) release; (n) res judicata; (o) statute of frauds; (p) statute of limitations; and (q) waiver. See Ariz. R. Civ. P. 8(d).

Some of these defenses may exist even if it appears you are at fault for causing the situation. In this regard, you may have caused and even admit you caused an accident by rear-ending the car in front of you, but you may still contest the nature and extent of the injuries and damaged claimed by the adverse party. Or, a person may admit they breached a contract, but contest the damages sought by the breach. Also, in Arizona, there may be situations where a party is partially at fault, such as with a car accident when both parties engaged in acts to jointly cause an accident or the injuries. For example, a motorcyclist who was not wearing a helmet or a person who is not wearing a seatbelt that was in an accident wholly caused by another party may be assessed fault if their injuries could have been prevented or reduced if a helmet or seatbelt was utilized. Under these circumstances, a judge or jury may allocate percentages of fault to each party (or non-party) which reduces the amount of any award based on those percentages of fault.

In addition to asserting defenses, a party being sued must adhere to the applicable rules of court and any orders issued by the Court. Generally, there are timelines and requirements as to submitting disclosures, conducting discovery, and filing certain motions. The failure to adhere to the Court’s rules and orders may result in the preclusion of evidence, striking of certain defenses, or even an adverse judgment.

Given the risk associated with having a judgment against you, you should contact an attorney to discuss your rights, defenses, and options to determine the best course for you.

If you’re involved in a civil lawsuit, contact the Attorneys for Freedom Law Firm to protect your rights and put your best interests first. To discuss your civil law matter, call us at 480-755-7110 today to schedule a consultation.

Arizona Office Address:
3185 S. Price Rd.
Chandler, AZ 85248
Phone: 480-755-7110

Phillip J.
Phillip J.
14:30 18 Jan 22
Upfront pricing & transparency throughout. Got my case completely dismissed and I’m now able to... move forward with a clean slate. Thank you Marc and Emma and the entire team attorneys for freedomread more
Jared B.
Jared B.
19:48 15 Jan 22
5 stars just isnt enough for Andrew Marcantel, Marc Victor, and the entire staff here.When my... boyfriend was wrongly accused of a totally vile crime, neither of us had any experience navigating the "just-us" system.If you've faced potentially life-altering accusations, and you feel like the system is set up to empower police, prosecutors, judges, and pretty much everyone except you, then you're right! If you want to level the playing feild, Attorneys for Freedom will accomplish that.Some others have commented about the price. Good representation does cost money, unfortunately. What is a persons future worth?Compared to the competition, which is also expensive, the value you will get at this law firm is just unbelievable. Andrew especially is so great at walking you through possible scenerios, guiding you through important decisions, and has the experience to truly get good results. Extremely knowledgeable and creative not just "aggressive". He is also an excellent communicator, both in the office and in the court.Speaking of communication, the paralegal team at even some more expensive law firms will leave you wondering what it is they are paid to do. This is not the case at Attorneys for Freedom. Ashley Crispino and Kaylie Kline did an amazing job at both keeping us in the loop and being available when needed.Reading "Case Dismissed" after what felt like an eternity of fighting was the best outcome we could have ever asked for.I told my Aunt who was very worried about us at the height of all the absurdity that I felt like having Andy on our side was better than prayer. And I was right.read more
Nicholas K.
Nicholas K.
01:07 17 Dec 21
Bad review was due to unfortunate mistake in contact info. Mr. Harris made contact, fixed my file,... and set up the next steps for my request.read more
Daddy D.
Daddy D.
17:44 14 Dec 21
Helped me out with all my attorney needs. Out of state help!
Kira L.
Kira L.
22:12 02 Dec 21
This is my first time ever needing an attorney and my attorney was Kate and she did an amazing job... with my case! Kate took time to go through all of the evidence so she understood everything before going to court. Kate assistant Madalyn was also super helpful and very sweet! Anytime I called she was very understanding and helped me walk through the process when I did not understand something and always had an upbeat positive attitude! If I ever need an attorney again I will definitely being going back to Kate!read more
js_loader