Short answer: Most Arizona car accident claims settle without a lawsuit. Filing becomes the right move when the insurer disputes fault, undervalues a documented injury, or the two-year deadline is approaching. Filing does not mean going to trial — most filed cases still settle, often at mediation.

When filing is the right call

• Fault is disputed and negotiation has stalled
• The offer does not reflect documented medical costs
• The insurer is delaying past the point of good faith
• The limitation deadline is approaching — filing preserves the claim
• Multiple parties or policies need to be brought in

What it involves

Complaint, answer, discovery, deposition, mediation, and only rarely trial. Commonly one to two years. Full detail: how a personal injury lawsuit works.

What it changes about the fee

At most firms the contingency percentage rises once suit is filed. At Hirsch & Lyon it moves from 25% to 30%, plus costs. So filing is a decision with a cost attached — worth making deliberately, not reflexively.

The deadline

Generally two years from the crash under A.R.S. § 12-542; only 180 days to notify a government entity. See how long you have to sue.

Questions people ask

Does filing mean we are going to trial?

No. Filing frequently produces the first serious offer. Most filed cases settle.

How much does it cost to file?

Court filing fees are a case cost, not something you pay up front on a contingency arrangement.

Can I still settle after filing?

Yes, at any stage — including during trial. Most cases do.

What if the deadline is close?

Call today. Filing preserves the claim; missing the deadline ends it regardless of merit.

Free case review

Board-certified specialist Jack Hirsch. No fee unless you recover — 25% settled without litigation, 30% in litigation, plus costs. 602-535-1900.