When you are injured because of someone’s negligence, especially a professional like a doctor, lawyer, or architect, you may have a professional negligence case. But before your lawsuit can move forward in states like California and Arizona, you might need something called a certificate of merit.
If you are new to this, do not worry! Here is what a certificate of merit is, why it matters, and how it can help your personal injury case.
What Is a Certificate of Merit?
A certificate of merit is a special document that says a qualified expert has looked at the facts of your case and agrees that you have a valid claim. This expert is usually someone in the same field as the person you are suing — for example, a doctor reviewing a medical malpractice claim. The purpose of this certificate is to ensure that your lawsuit is not baseless.
You might need this certificate if your case involves:
- Medical malpractice (injuries caused by a doctor or hospital)
- Legal malpractice (mistakes made by a lawyer)
- Architectural or engineering errors (building mistakes that caused harm)
How Does It Work
California
In California, if you are suing for professional negligence, the law requires you to file a certificate of merit along with your lawsuit. Here is how it works:
- Expert Review: Before you file your case, an expert (someone in the same field as the person or company you are suing) reviews your situation to see if negligence occurred.
- File with the Lawsuit: The certificate must be submitted at the same time as your lawsuit, or your case may be dismissed.
Arizona
In Arizona, the process is a little different but just as important. Here is what you need to know:
- Expert Affidavit: In Arizona, an expert must also review your case, but instead of a certificate, they provide an affidavit. This is a legal statement saying that the professional in question was likely negligent.
- Deadlines Matter: Missing the deadline to file the affidavit can result in your case being thrown out, so timing is everything.
Why Does This Matter for You?
Without a certificate of merit or an affidavit, your case may not even make it to court. It is a way of showing the court that your claim has been reviewed by someone knowledgeable and that there is enough evidence to move forward. It is important to get this right, which is why having an experienced lawyer on your side can make all the difference.
Why Hire Fielding Law?
Fielding Law understands the complexities of professional negligence cases in both California and Arizona. Our team will make sure you have everything in place — from expert witnesses to proper filings — so that your case can proceed smoothly. We work closely with medical, legal, and other professionals to ensure your case has the best chance of success.
At Fielding Law, we provide personalized and empathetic legal support. Let us guide you through the process and help you achieve the justice you deserve.
Call us today at 833.88.SHARK for assistance with your professional negligence or personal injury case.
Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.
