Short answer: Most Arizona injury claims settle without a lawsuit. When one is filed, the sequence is: complaint, answer, discovery (records, written questions, depositions), mediation or settlement conference, and only then trial. The large majority resolve before trial, most commonly at or after mediation.
Before a lawsuit exists
Treatment finishes or stabilises, records and bills are gathered, and a demand goes to the insurer. Many claims end here. A lawsuit is filed when the insurer disputes fault, undervalues the injury, or the limitation deadline is approaching.
The stages
- Complaint and service — the claim is filed and the defendant formally notified.
- Answer — usually a denial plus defences, including comparative fault.
- Discovery — the long phase. Medical records, written questions, document requests and depositions. Frequently six to twelve months.
- Deposition — you answer questions under oath. Many cases move toward settlement afterwards, once both sides have seen how you present.
- Mediation or settlement conference — a neutral helps both sides resolve it. A large share of cases end here.
- Trial — comparatively rare.
How long
A settled claim can resolve in months. A filed lawsuit commonly runs one to two years. Arizona’s deadline to file is generally two years from the injury — see Arizona injury deadlines.
What it costs you
Contingency. At Hirsch & Lyon the fee is 25% on cases settled without litigation and 30% once in litigation, plus costs. The step-up is why filing suit is a decision with a cost, not an automatic escalation.
Questions people ask
Will I have to testify at a trial?
Probably not. Most cases settle. You should expect to be deposed if suit is filed, which is a recorded question-and-answer session, not a courtroom.
What happens at a deposition?
Opposing counsel asks you questions under oath, usually for a few hours. Your lawyer prepares you beforehand. Consistency with your medical records matters more than anything else.
Does filing a lawsuit mean we are going to trial?
No. Filing is often what finally produces a serious offer. Most filed cases still settle.
Can I settle after filing?
Yes, at any point — including during trial. Most do.
Free case review
Jack Hirsch is board-certified by the State Bar of Arizona in Injury and Wrongful Death Litigation. No fee unless you recover — 25% settled without litigation, 30% in litigation, plus costs. 602-535-1900.
