Short answer: Most Arizona injury claims settle without a lawsuit ever being filed. Suing is worth it when the insurer disputes fault, undervalues a serious injury, or delays past the point of good faith. It is usually not worth it for minor injuries fully covered by an early offer. Finding out costs nothing.
Suing and claiming are not the same thing
Most people asking this question are really asking whether to pursue a claim at all. The vast majority of injury claims are resolved with the insurance company directly and never become a lawsuit. Filing suit is a step you take when negotiation stops working.
When it is usually worth pursuing
- You needed real medical treatment, not just a check-up
- The insurer is disputing who was at fault
- The offer does not cover your medical bills, let alone lost income
- Your injury has not resolved and may be permanent
- The at-fault party has meaningful insurance coverage
- You are being pressured to sign or record a statement quickly
When it usually is not
- No injury and no treatment — a property-damage-only claim rarely needs a lawyer
- The insurer has already offered everything the policy holds and the coverage is genuinely capped
- The deadline has passed — see Arizona filing deadlines
What it costs to find out
Nothing. Arizona injury firms work on contingency — no fee unless you recover. Hirsch & Lyon charges a discounted 25% on cases settled without litigation and 30% in litigation, plus costs, against a common market rate of a third or more. See what a personal injury lawyer costs.
The risk people underestimate
The real risk is not suing and losing. It is accepting an early offer before the medical picture is clear, then discovering the injury is permanent. A signed release ends the claim — you cannot reopen it because the injury turned out worse than you thought.
Questions people ask
Will I have to go to court?
Probably not. Most claims settle. Even filed lawsuits usually resolve before trial.
Can I be sued back?
Not for bringing a good-faith claim. If you share fault, Arizona’s pure comparative negligence rule reduces your recovery by your percentage rather than exposing you to a counterclaim in most cases.
How long do I have to decide?
Generally two years from the injury under A.R.S. § 12-542, and only 180 days to file a notice of claim against a government entity. Deadlines vary by facts — confirm yours with a lawyer.
What if I was partly at fault?
You can still recover. Arizona uses pure comparative negligence: your award is reduced by your share of fault, not eliminated.
Ask before the deadline decides for you
A free case review takes one call and commits you to nothing: 602-535-1900.
