At GLG Personal Injury Lawyers, we’ve guided countless Arizona injury victims through the complex personal injury lawsuit process. From car accidents to slip-and-falls, we understand how overwhelming recovery can feel when you’re also facing medical bills, missed work, and insurance disputes. Our mission is to handle the legal fight for you so you can focus on healing and moving forward.
If you’ve never been involved in a lawsuit before, it’s natural to feel uncertain about what comes next. The personal injury process in Arizona follows a series of important steps from medical care and investigation to filing, negotiation, and sometimes trial. Knowing what to expect at each stage can help you feel more confident and prepared.
Step-by-Step Guide to the Personal Injury Lawsuit Process
This blog breaks down exactly what happens during a personal injury lawsuit, from the first steps after an accident to trial, settlement, and even post-judgment collection. Whether you’re just beginning your claim or already working with an experienced Phoenix personal injury lawyer, this guide will walk you through each phase clearly and confidently.
For more foundation, you can refer to the American Bar Association’s overview of personal injury claims which explains what filing a lawsuit involves. Below, we’ll dive deeper into each stage so you know what to expect and how to prepare.
The Injury & Initial Medical Care
The very first step after a personal injury is seeking immediate medical treatment. This is crucial not only to protect your health and begin recovery, but also to create official records that directly support and strengthen your future legal claim.
- Go to the hospital or urgent care as soon as possible. Even if you think injuries are minor, some symptoms can show up later.
- Keep all medical records, bills, diagnostics, prescriptions, therapy sessions, and follow-ups. These documents are essential evidence.
- Document your pain, limitations, how the injury has affected daily life: work, sleep, mobility, emotional distress.
Why this matters: Courts and insurance companies will want proof that your injuries are real, reasonably treated, and tied to the incident. Delayed treatment or gaps in documentation can weaken your claim.
Hiring a Personal Injury Lawyer
You are not required to hire a lawyer for a personal injury claim, but having one often leads to far better results. An experienced attorney can protect your rights, negotiate with insurers, and maximize your potential compensation.
What to look for in an attorney:
- Experience handling personal injury cases in Arizona.
- Knowledge of both negotiation and trial work (because many cases settle, but some go to trial).
- Transparency about fees (e.g. contingency fee basis), costs, and what they’ll handle.
What happens at the first consultation:
- You’ll explain the accident, what injuries you have, what medical treatment you’ve already had.
- The lawyer will assess whether you have a valid case: was someone negligent? What are your damages (medical, lost wages, pain & suffering, etc.)?
- You may sign authorization forms for medical record releases and give relevant documents/photos.
Hiring the right lawyer early gives you a strong advantage. With skilled legal guidance, you can focus on healing while your attorney manages deadlines, evidence, and negotiations, ensuring your personal injury claim is handled effectively from start to finish.
Investigation & Gathering Evidence
After hiring a lawyer, the investigation process begins. Your attorney gathers evidence such as accident reports, medical records, witness statements, and photos. This fact-finding stage builds the foundation of your case and strengthens your claim for fair compensation.
- Collect physical evidence: photos/videos of the scene, property damage, your injuries.
- Obtain witness statements: names, contact information, what they saw.
- Gather all relevant documents: medical records, hospital bills, diagnostics, therapy records, repair bills etc.
- Police reports, insurance reports, and any recorded logs or maintenance (if relevant).
- Hire experts if necessary: accident reconstruction, medical specialists, vocational experts (for last-longing or future earning capacity).
This stage is vital because it forms the core of your case. By clearly proving how the accident happened, who caused it, and the extent of your injuries, your lawyer can effectively pursue the full compensation you deserve.
Demand Letter and Pre-Suit Settlement Negotiations
In many cases, the process starts with efforts to reach a settlement before filing in court. This approach can save time, reduce costs, and resolve disputes more quickly, especially when supported by strong evidence and skilled legal negotiation.
- Your lawyer sends a demand letter to the at-fault party (or their insurance company), explaining what happened, showing evidence, and stating what compensation is being requested.
- The demand includes your damages: medical expenses, lost wages, pain & suffering, future care, etc.
- Insurance companies typically respond with counteroffers or negotiations. This back-and-forth can last weeks or months.
A large percentage of personal injury claims conclude here. When a reasonable settlement is reached, you can finalize the agreement, sign a release of liability, collect compensation, and move forward without the stress and expense of a formal trial.
Filing the Lawsuit
If settlement efforts fail, your attorney will proceed by formally filing the lawsuit in court. This step initiates the legal process and ensures your claim moves forward, requiring the defendant to respond and allowing evidence to be presented in court. Key elements include:
- Complaint / Petition: The formal document describing the parties (plaintiff and defendant), what happened, why the defendant is responsible (negligence, etc.), and what relief (damages) you seek.
- Jurisdiction and venue: The lawsuit must be filed in the correct court (for example, county or district court in Arizona).
- Statute of Limitations: Arizona has deadlines for filing personal injury lawsuits (usually two years, but some exceptions). Miss the deadline, and you may lose your right to sue.
After filing, the defendant must be legally “served” with the complaint and summons, officially notifying them of the lawsuit. They are then given a specific deadline to respond usually by filing an answer, raising defenses, or requesting dismissal of the case.
Discovery Phase
Discovery is the stage where both parties exchange information and evidence to strengthen their arguments. This process allows each side to fully understand the claims, defenses, and facts involved, ensuring the case is prepared thoroughly before trial or settlement discussions.
- Interrogatories: written questions under oath that the defendant (and plaintiff) must answer.
- Requests for Production of Documents: asks for documents (medical records, emails, repair bills, etc.).
- Depositions: oral testimony under oath in front of a court reporter. Witnesses, parties, experts may be deposed.
- Requests for Admissions: forcing the other side to admit or deny certain facts.
The discovery phase can be lengthy, often lasting several months to a year or more. The timeline depends on the case’s complexity, the court’s schedule, and how willing each side is to exchange information and cooperate during the process.
Pre-Trial Motions & Settlement Negotiations
Following discovery, either side may file motions to address specific legal issues or attempt to narrow the case. These motions can challenge evidence, seek summary judgment, or even request dismissal, potentially shaping the outcome before trial begins.
- Motion to dismiss (if law says case shouldn’t proceed).
- Motion for summary judgment (arguing there’s no dispute of key facts so a trial isn’t needed).
- Motions related to evidence, medical experts, admissibility.
Settlement negotiations typically continue throughout. Mediation or arbitration may be used as alternative dispute resolution (ADR) to avoid full trial. Your attorney will evaluate offers, advise you whether to accept or proceed.
Trial
If settlement negotiations do not succeed, the case proceeds to trial. Here, both sides present evidence, question witnesses, and make arguments before a judge or jury, who will ultimately decide liability and determine the amount of compensation awarded.
- Jury trial vs bench trial: depending on Arizona rules and case type.
- Opening statements: each side tells their version of the case.
- Presentation of evidence & witness testimony: your lawyer presents evidence, cross-examines defendant witnesses. Experts often testify.
- Closing arguments: summation and persuasion to judge or jury.
- Jury instructions and verdict: the judge instructs the jury on the law, then they deliberate and deliver a verdict (liable or not, how much damages).
Trials can be time-intensive and costly, but they may be necessary if settlement amounts are inadequate, or liability is highly disputed.
Post-Verdict & Collection
When the court delivers a verdict in favor of the plaintiff, the next challenge is collecting the judgment. Sometimes defendants pay voluntarily, but if they refuse, your lawyer may pursue enforcement methods such as wage garnishment, property liens, or asset seizure.
- The defendant may pay voluntarily. If not, your lawyer might need to file motions to enforce (wage garnishment, liens, property seizure).
- Consider appeals: either side may appeal if legal errors occurred. Appeals take extra time and resources.
Even after winning a judgment, the full amount awarded may not go directly to you. Deductions such as medical liens, insurance subrogation claims, court costs, and attorney fees are often applied first, with the remaining balance paid to the plaintiff.
How Long Does It All Take? Timelines & Delays
Having realistic expectations is essential in a personal injury lawsuit. These cases often take months or even years to resolve, depending on complexity. Understanding the timeline, potential challenges, and possible outcomes helps you stay prepared and reduces unnecessary stress during the process.
- Most personal injury lawsuits in Arizona take 1-2 years from filing to resolution, if they go to trial. Many are resolved earlier via settlement.
- Delays can come from discovery, insurance company tactics, court scheduling, expert report preparation, etc.
Your attorney will provide regular updates on your case, explain upcoming steps, and prepare you for potential delays. By keeping you informed and involved, your lawyer ensures you understand the process and remain confident in how your claim is progressing.
Types of Damages You Can Recover
Understanding compensation in practice means looking beyond the total dollar amount. It involves identifying the different categories of damages you may recover such as medical costs, lost wages, pain and suffering, and future care needs so you know exactly how your settlement supports recovery.
- Economic damages: medical bills (past & future), lost wages, property damage, out-of-pocket expenses.
- Non-economic damages: pain & suffering, emotional distress, loss of enjoyment of life.
- Punitive damages: in rare cases, when the defendant’s conduct was especially egregious.
In Arizona, certain cases such as medical malpractice may have restrictions on specific types of damages. These legal limits can affect how much compensation you can recover. An experienced personal injury attorney will explain which caps apply and strategize to maximize your claim.
Why Having a Skilled Lawyer Matters
Handling a personal injury case without legal guidance can put your rights and compensation at risk. A skilled attorney provides critical advantages, including knowledge of Arizona law, strong negotiation skills, access to expert witnesses, and trial experience—ensuring your case is built and presented effectively from start to finish.
- Knowledge of Arizona laws, deadlines (statute of limitations), court procedures.
- Ability to gather and preserve evidence properly.
- Rapport with expert witnesses (medical, engineering, vocational).
- Strong negotiation skills to deal with insurance companies.
- Preparedness for trial if settlement fails.
Your attorney serves as both an advocate and advisor, managing complex paperwork, court filings, and legal motions on your behalf. They also explain your options clearly, helping you make informed decisions at every stage so you remain confident throughout the process.
What to Expect in Costs & Fees
It’s completely normal to be concerned about the cost of hiring a lawyer. Fortunately, most personal injury attorneys work on a contingency fee basis, meaning you pay nothing upfront and only owe legal fees if your case is successfully resolved.
- Most personal injury lawyers in Arizona (and elsewhere) work on a contingency fee basis: you pay only if you win or settle. They take a percentage of the recovery.
- You may also be responsible for out-of-pocket costs like expert fees, deposition fees, court filing fees, medical record retrieval, etc. Often those costs are advanced by the lawyer and recovered from the final settlement/judgment.
- Your attorney should explain all fees/costs upfront.
Understanding how legal fees work can give you peace of mind during an already stressful time. By choosing a trusted Arizona personal injury lawyer who is transparent about contingency fees and costs, you can focus on recovery while knowing your case is being handled with your best interests in mind.
Key Arizona-Specific Rules You Should Know
Since you’re in Arizona, it’s important to understand state-specific rules that affect personal injury cases. These include the statute of limitations, comparative negligence laws, and potential damage limits. Knowing these factors helps ensure your claim is filed correctly and on time.
- Arizona statute of limitations: generally 2 years for most personal injury claims. Some government entity claims have shorter timelines.
- Comparative fault rules: Arizona allows comparative negligence, meaning if you are partly to blame, your recovery may be reduced proportionally.
- Caps on certain damages: In some cases (e.g. medical malpractice), there are limits on non-economic damages.
Always consult your lawyer about the specific limits or exceptions that may apply to your case. Every personal injury claim is unique, and an experienced Arizona attorney can explain how state laws affect your potential recovery and legal strategy.
Protect Your Rights After an Injury Gallagher Law Group Is Here to Help
Suffering a personal injury can leave you dealing with more than just physical pain. Medical bills pile up, wages are lost, and insurance companies often try to undervalue your claim. The stress of navigating Arizona’s legal system on your own can feel overwhelming and unfair at a time when you should be focused on healing.
At GLG Personal Injury Lawyer, we step in to relieve that burden. Our experienced Arizona personal injury attorneys handle every step of the process from gathering evidence and negotiating with insurers to fighting in court if necessary. We are dedicated to securing the maximum compensation you deserve so you can rebuild your life with confidence. Contact us today for a free consultation and let us put our experience to work for you.
FAQsDo all personal injury cases go to trial?
Most personal injury cases never reach trial. The majority are resolved through pre-suit negotiations, mediation, or settlement during discovery. Trial is typically a last resort if fair compensation cannot be reached, requiring a judge or jury’s decision.
What if I was partially responsible for the accident?
Arizona follows comparative negligence rules, meaning you can still recover damages even if partly at fault. However, your compensation is reduced proportionally to your share of responsibility. An experienced personal injury lawyer ensures fault is fairly assigned in your case.
How much is my case worth?
The value of a personal injury case depends on the severity of injuries, medical costs, lost wages, and future needs. Non-economic damages such as pain and suffering also apply. Strong evidence and skilled legal representation increase potential settlement amounts.
What happens if the defendant refuses to settle or acknowledge fault?
If the defendant will not negotiate or accept liability, your case moves into litigation. This involves discovery, depositions, and potentially a trial. A judge or jury will ultimately decide fault and determine compensation if settlement efforts completely fail.
Can I switch lawyers once I’ve started?
Yes, you can change lawyers in most cases. While contractual details must be reviewed, transitioning to a new attorney is possible. A skilled personal injury lawyer will manage the switch smoothly and protect your rights without delaying your case.
How long do I have to file a personal injury lawsuit in Arizona?
Arizona law gives most personal injury victims two years from the date of the accident to file a claim. Cases involving government entities may have shorter deadlines. Acting quickly with legal help ensures you meet all filing requirements.
