The Personal Injury Claim Process
The Personal Injury Claim Process in Arizona, From First Call to Resolution
The personal injury claim process in Arizona usually moves from medical care and evidence gathering, to a demand on the insurer and negotiation, and, if the claim does not settle, to a lawsuit filed before the deadline. Most claims never reach a trial, but every claim runs against a filing deadline, generally two years under A.R.S. 12-542. How long a personal injury case takes depends on your recovery, whether fault is disputed, and how the insurer responds.
Reviewed by Charles Paglialunga, Esq.
- Filing deadline
- 2 years from the injury
- A.R.S. 12-542(1)
- Public entity claims
- Notice within 180 days
- A.R.S. 12-821.01
- Fault rule
- Pure comparative fault
- A.R.S. 12-2505
- Damage caps
- None on personal injury damages
- Ariz. Const. art. 2 sec. 31
The Personal Injury Claim Process From First Call to Resolution
No two claims move at the same speed, but most follow the same general path. Here is what happens, in order, and where the usual delays come from.
Right away
Get care and protect the evidence
Medical care comes first, and it creates the record that ties your injuries to the crash. Report the crash, take photographs if it is safely possible, and keep the names of witnesses. Our guide to what to do after a car accident covers the first steps.
First weeks
Investigation and notice to the insurers
The police report, photos, witness accounts and vehicle damage are gathered, and the insurers learn about the claim. Adjusters often ask for a recorded statement at this stage, and you are not required to agree to one.
During treatment
Records and bills accumulate
Every visit, test and bill becomes part of the claim. Most claims wait until your doctors can describe your recovery and any long-term limits, because the full picture has to be known before a number makes sense.
After treatment settles
The demand
A demand package, usually a letter with the records, bills and wage information, is sent to the insurer to ask for a stated amount.
Next
Negotiation
The insurer responds, often with a much lower offer, and the sides go back and forth. Insurance companies and attorneys often negotiate the percentage of fault, and that can move the number as much as the injuries do.
If talks stall
A lawsuit is filed
If the claim does not settle, a lawsuit has to be filed before the deadline. Filing preserves your rights while negotiations continue, and many cases still settle after filing.
At the end
Resolution and payment
A settlement, judgment or verdict ends the claim. A release will under most circumstances close your case permanently, and liens and reimbursement claims are paid before you receive the remainder.
How to File a Personal Injury Claim
How to file a personal injury claim depends on who caused the injury. After a crash, the usual first step is to notify the at-fault driver’s insurance company, and your own insurer if you may need MedPay or uninsured or underinsured motorist coverage. A claim is a demand for payment made to an insurer. A lawsuit is a court case, and it starts when a complaint is filed. Many claims resolve without a lawsuit, but a claim does not stop the filing deadline from running.
When you report the crash, stick to basic facts: the date, the general location and that a crash occurred. Think carefully before agreeing to a recorded statement, and read our guide to talking to insurance adjusters before the first call. Keep copies of every bill, letter and form, and do not sign a release or a blanket medical authorization until you understand what it gives up.
If a city, county, state agency or other public entity may be responsible, the process is different: a written notice of claim is required within 180 days (A.R.S. 12-821.01), with the facts and a specific sum certain. See our guide to the Arizona notice of claim.
Steps in a Personal Injury Lawsuit
If a claim does not settle, these are the usual steps in a personal injury lawsuit. In the Phoenix area, injury lawsuits are generally filed in Maricopa County Superior Court, and smaller claims can be heard in justice court (up to $10,000) or small claims (up to $5,000). See our guide to Maricopa County courts.
- 1
The complaint is filed and served
The plaintiff files a complaint that describes what happened and what is being asked for, and the defendant is formally served.
- 2
The defendant answers
The defendant files a written answer, which admits or denies the allegations and may raise defenses, including that the filing deadline passed.
- 3
Discovery
Each side exchanges documents and written questions, and may take sworn testimony in depositions. This is usually the longest stage.
- 4
Experts and records
Medical, vocational or accident reconstruction experts may be retained to explain causation, permanence and the cost of future care.
- 5
Mediation or settlement talks
Many cases settle here, often with the help of a neutral mediator, once each side understands the evidence.
- 6
Trial, if needed
A case that does not settle can proceed to trial, where a judge or jury decides fault and damages. Either side may appeal for legal error.
How Long Does a Personal Injury Case Take?
There is no standard answer to how long a personal injury case takes, and anyone who gives you a fixed number is guessing. These are the factors that most often lengthen or shorten the process.
| Factor | Why it matters |
|---|---|
| Medical recovery | A claim usually waits until the long-term picture is clear, so ongoing treatment means more time. |
| Severity of injury | Serious or permanent injuries need more records, more expert input and more careful valuation. |
| Disputed fault | When fault is contested, or the percentage of fault is negotiated, there is more back and forth. |
| Insurer response | Slow responses, repeated document requests and low first offers add time. |
| Policy limits | Low limits can lead to additional claims, such as underinsured motorist coverage. |
| A lawsuit being filed | Discovery, depositions and court schedules add months or longer. |
| Liens and reimbursement claims | Providers, plans, Medicare and AHCCCS must be identified and resolved before payment. |
Source: General factors only. Every case is different, and none of these is a prediction of how long your case will take.
How Long Does a Personal Injury Case Take to Settle?
How long a personal injury case takes to settle depends mostly on when you reach the end of treatment and whether the insurer disputes fault or the value of your injuries. Claims with clear fault and minor injuries can resolve sooner. Claims with serious injuries, disputed fault or a lawsuit take longer, often much longer, because each stage depends on records, experts and court schedules.
Settling early is not always better. Once you sign a release, the case will under most circumstances be closed permanently, even if your condition changes. For a closer look at timing, read our blog post on how long an injury settlement takes in Arizona.
Whatever the timeline, the filing deadline does not pause for negotiations. If an offer is not acceptable and the deadline is approaching, a lawsuit has to be filed.
Deadlines Keep Running While the Claim Moves
Most Arizona personal injury claims must be filed within two years of the injury under A.R.S. 12-542, and the clock does not stop because you are treating or negotiating. Claims against public entities have a 180 day notice requirement and a one-year lawsuit deadline (A.R.S. 12-821.01 and 12-821). Minors and a few other situations have different rules, and these rules have exceptions, so call us and we will explain how they apply to you.
Read our full guide to the Arizona statute of limitations and count your own dates early.
What to Gather Before You File a Claim
A claim moves faster when the basics are already in one folder.
- The police report number or the report itself
- Photos and video of the scene, the vehicles and your injuries
- Names and contact details for witnesses
- Medical records, bills and appointment dates
- Pay stubs, tax returns or employer letters to show lost wages
- Repair estimates and receipts for out-of-pocket costs
- Every letter, email and form from any insurer
Insurance Claim vs. Lawsuit
The claim and the lawsuit are two stages of the same effort. Most people start with a claim, and a lawsuit follows only if the claim does not resolve.
Insurance claim
- A demand for payment made to an insurer
- No court involved
- Faster when fault and injuries are clear
- Does not stop the filing deadline
Lawsuit
- A court case that starts with a complaint
- Discovery, depositions and a court schedule
- Can still settle at any point
- Must be filed before the deadline
Related pages
Questions
Questions about the personal injury claim process
What is the first step in how to file a personal injury claim?
Get medical care and report the crash, then notify the at-fault driver’s insurer, and your own insurer if you may need MedPay or uninsured or underinsured coverage. Keep every bill and letter, stick to basic facts, and think carefully before agreeing to a recorded statement.
Do I have to file a lawsuit to be paid?
No. Many claims settle with the insurance company without a lawsuit. But if the claim does not resolve, a lawsuit has to be filed before the deadline, which is generally two years under A.R.S. 12-542, or you will under most circumstances lose the right to recover.
Will I have to go to court?
Not necessarily. Most claims settle, and many lawsuits settle before a trial. Whether your case reaches a courtroom depends on the insurer, the evidence and whether the sides can agree on fault and value.
Can I file a claim if I was partly at fault?
Yes. Arizona follows pure comparative fault (A.R.S. 12-2505), so your damages are reduced by your percentage of fault, but you are not barred from recovery. Insurance companies and attorneys often negotiate the percentage of fault.
What happens if the insurer denies my claim?
A denial is not the end. You can ask for the reasons in writing, provide more records, and, if needed, file a lawsuit before the deadline. A denial does not stop the filing clock.
Why does settlement sometimes wait until treatment ends?
Because the release you sign will under most circumstances close the case permanently. Until your doctors can describe your recovery and any lasting limits, it is hard to know what your future medical costs and losses will be.
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