Most personal injury cases in Arizona never go to trial. They settle — some in months, some in years. But understanding how the process works from the start helps you make better decisions at every stage, including the most important one: whether to settle and for how much.
Get medical treatment first
See a doctor as soon as possible, even if you feel okay. Insurance companies use gaps in medical treatment as evidence that you weren't seriously hurt. Keep records of every appointment, diagnosis, prescription, and bill — these documents are the foundation of your claim.
Investigation and evidence
Once an attorney takes your case, the work is building it: police reports, surveillance footage, witness statements, medical records, and any other documentation of what happened and who was at fault. Arizona's pure comparative fault rule (A.R.S. § 12-2505) means fault can be shared — and what percentage is assigned to you directly affects what you recover. See our post on Arizona comparative negligence law for how that works.
Demand letter and insurance negotiation
Many cases resolve without a lawsuit. Your attorney sends a formal demand letter to the at-fault party's insurer outlining your injuries, evidence of liability, and the compensation you're seeking. The insurer responds — usually with a low counteroffer — and negotiation begins. The strength of your documented damages determines your negotiating position.
Filing a lawsuit
If the insurer won't offer a fair settlement, the next step is filing in Arizona civil court. The statute of limitations for most personal injury claims is two years from the date of injury (A.R.S. § 12-542). Miss that deadline and you almost certainly lose your right to sue. Filing the complaint formally notifies the defendant and starts the litigation clock.
Discovery
Both sides exchange information — written interrogatories, document requests, and depositions (sworn interviews of witnesses and parties). Discovery takes months but often prompts settlement discussions, because both sides get a clearer picture of the evidence and what a jury is likely to hear.
Mediation and settlement
Arizona courts frequently require or encourage mediation before trial. A neutral mediator works with both sides to find a resolution. The vast majority of personal injury cases — well over 90% — settle before a jury ever hears them. Settlement can happen at any stage: before filing, during discovery, or on the courthouse steps.
Trial
If a fair settlement can't be reached, the case goes to trial before a jury or, in some cases, a judge alone. Trials are unpredictable, but thorough preparation gives your case the best possible outcome. Most attorneys settle cases because the economics make sense — not because they can't try them.
Collecting your compensation
After a settlement or verdict, there may be liens to resolve. If your health insurer covered treatment, they may be entitled to reimbursement from the settlement. A good attorney negotiates to reduce those liens before you receive your funds. Once liens are cleared, the case closes.
How long does it take?
A straightforward case with clear liability might settle in a few months. A complex case with serious injuries, disputed fault, or an uncooperative insurer can take one to three years or more. The single biggest factor is waiting until you've reached maximum medical improvement before settling — rushing that decision often costs more in the long run than the time it takes.
Our car accident attorneys and personal injury team handle cases across Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.