Primary Location
Phoenix Personal Injury Lawyers
2700 N Central Ave Suite 320, Phoenix, AZ 85004, United States
Phone: (602) 905-7766
Call us at (855) 855-8910
Call us at (855) 855-8910
You got hurt. The insurance company made an offer that barely covers your ER bill. Now what?
That's where litigation comes in. It's the legal process of taking your injury case to court when the insurance company won't pay what your claim is actually worth. Your litigation attorney handles the whole thing, from writing the initial demand letter all the way to standing in front of a jury and arguing your case.
In practice, that means filing your complaint in Maricopa County Superior Court [1], drafting motions, running discovery with depositions and expert reports, negotiating at every turn, and going to trial when nothing else works. Not every case needs to go that far. But when yours does, you want an attorney who's done it before.
One thing worth knowing: Arizona follows a pure comparative fault rule under A.R.S. 12-2505 [2]. Even if you were partly at fault for the accident, you can still recover damages. Say the other driver was 80% responsible. You get 80% of your damages. Insurance adjusters love to shift blame onto you. This law makes sure that tactic doesn't kill your case.
We tell clients all the time, litigation is just a tool. When it's the right one, our Phoenix trial attorney practice, it gives you leverage that makes the insurance company sit up and take notice. Backed by our Phoenix personal injury office, every case is trial-ready.
People want to know the timeline. Fair enough. Here's how a personal injury lawsuit actually moves through the system in Phoenix, step by step.
It starts with a case evaluation. We look at the facts, your injuries, the evidence, who did what wrong. If filing a lawsuit makes sense, we go. Sometimes a strong demand letter wraps things up without ever going to court. That's fine too.
Next comes filing the complaint. This is the document that officially kicks off your lawsuit in Maricopa County Superior Court [1]. Once it's filed, the defendant gets 20 days to respond under Arizona's rules. The clock starts ticking.
Then discovery. Both sides hand over information. We're talking written questions called interrogatories, document requests, and depositions where people answer questions under oath with a court reporter taking it all down. Arizona's Rule 26.1 forces earlier and broader disclosure than a lot of states. The defense can't sit on evidence hoping you'll miss it.
After that, mediation. Maricopa County judges usually require it before you can get a trial date. A neutral third party sits down with both sides and tries to find middle ground. Plenty of cases settle right here. But if their number is still insultingly low, we keep going.
Trial is where everything comes together. Your attorney presents the evidence, questions witnesses, and makes your argument to a jury or judge. All that preparation you went through during discovery? This is where it pays off.
And then the verdict. The jury decides. If the other side doesn't like it, they can appeal, and your attorney handles that too.
Here's something that catches people off guard: Arizona's statute of limitations gives you just two years to file your case (A.R.S. 12-542) [3]. Two years. Miss it and you're done. Doesn't matter if your accident was in Maryvale, Central City, or the other side of the Valley. That deadline is firm.
So should you settle or go to trial? Depends on the situation.
Settling makes sense when the number on the table is fair. When it actually covers your medical bills, your lost income, and compensates you for what you've been through. If the evidence is rock solid and the insurer knows a jury would hammer them, they'll often pay up to avoid that risk.
But sometimes they won't. They lowball you and dig in. Liability gets disputed. Your injuries are serious enough that the gap between their offer and the real value of your case is enormous. That's when going to trial becomes the right move.
Keep in mind that Maricopa County schedules civil trials months out. Mediation can wrap things up faster if both sides cooperate. But if they don't? Trial is how you get paid what you're owed.
And here's a thing most people don't consider. Insurance companies keep track of which law firms actually try cases. They know who settles everything and who will fight. When they see your attorney has a track record of winning verdicts, the settlement numbers change. Our attorneys have taken cases all the way and won, including a $21.2 million jury verdict in a premises liability case and a $7.2 million verdict for a retail store slip and fall. Learn more about our trial attorney services in Phoenix.
Discovery is where the real work happens. Both sides are building their case piece by piece. If you're going through this in Phoenix, here's what it looks like from your side.
Interrogatories are written questions that the other side has to answer truthfully and under oath. Your attorney uses these to lock down their version of events so they can't change their story later.
Document requests cover everything relevant. Medical records, the accident report, any surveillance footage, employment records showing your lost wages. Nothing gets hidden.
Depositions are face-to-face questioning sessions. Witnesses and the parties involved sit down, answer questions under oath, and a court reporter records every word. The defense attorney will try to trip you up or get you to downplay your injuries. That's their job. Your attorney's job is to prepare you so none of that lands.
Expert witnesses bring the technical side. Doctors explain your injuries in terms a jury can understand. Accident reconstruction experts piece together what happened. Economists calculate what your injuries will cost you over a lifetime.
Pre-trial motions shape what the jury actually sees. Attorneys argue over which evidence gets in and which gets excluded. Good motion work can make or break a case before the jury even hears opening statements.
Arizona's Rule 26.1 requires broader early disclosure than federal rules. That's a procedural detail, but it matters. Miss a disclosure deadline and you lose the right to present that evidence. Your attorney has to know these rules cold.
People always ask us how long this will take. Honestly, most Phoenix personal injury cases wrap up in 12 to 24 months. More complicated ones take longer, especially when you've got multiple defendants or catastrophic injuries in the mix.
Cases move faster when liability is clear and the evidence is solid. When your medical records are organized from the start. When your attorney files quickly and keeps pushing.
They slow down when both sides argue over fault. When you're still getting treatment and haven't hit maximum improvement yet. When the Maricopa County court calendar is backed up. And when the insurance company deliberately stalls, hoping the pressure of mounting bills will make you cave.
Your case goes through Maricopa County courts whether you live in Tempe, Scottsdale, Mesa, or Phoenix proper. Where you live doesn't change the legal process. But the court's schedule directly affects when you get your day in front of a jury.
The insurance company's favorite weapon is time. They know your bills are stacking up. They know you're exhausted. A litigation attorney worth their fee counters that by keeping the case moving and never letting it gather dust.
Getting an attorney involved early changes everything about how your case turns out.
Evidence goes fast. Phoenix summers above 100 degrees wreck road surfaces. Construction zones move. Skid marks bake off the pavement. Security cameras record over old footage. Witnesses forget what they saw. An early start means your attorney preserves evidence before it vanishes.
The insurance company will contact you within days of your accident with a quick offer. Fast money, low number. Almost always way below what your case is worth. With an attorney already on board, you don't accidentally say or sign something that tanks your claim.
Your medical treatment needs to be documented properly from day one. Gaps in treatment give the other side ammunition. They'll argue you weren't really that hurt. Your attorney makes sure the paper trail tells the full story.
And that two-year statute of limitations [3]? It sounds generous until you realize how much work goes into building a strong case. Investigations, medical records, expert consultations. Start too late and your attorney is rushing to beat a deadline instead of building the strongest case possible.
If you got hurt in Glendale, Chandler, or anywhere around Phoenix, don't sit on it waiting to feel better. Call for a free case review. Let's get the ball rolling while the evidence is fresh. Our Phoenix insurance claim lawyers start protecting your rights from day one.
When the insurance company won't budge, we take the fight to the courtroom. Here are real verdicts our trial team has won.
Our attorneys secured a $21.2 million jury verdict for a client whose fall led to thoracic and lumbar fusion surgery in a premises liability case.
A jury returned a $7.2 million award after our client slipped at a retail store and ended up needing a spinal cord stimulator.
In a case where the defense disputed both fault and the severity of injuries, our attorneys won a $1.26 million bench trial verdict for a client who needed spine surgery.
Every case is different. Past results do not guarantee a similar outcome.
Our attorneys have handled personal injury cases across Arizona and California. We know how Phoenix insurance companies operate, and we know how to push back.
That number reflects real results for real families — medical bills paid, lost wages recovered, and futures protected.
You pay nothing upfront. Our fee comes out of your settlement or verdict. If we do not win your case, you owe us nothing.
Accidents do not follow business hours. Neither do we. Call (602) 905-7766 any time — nights, weekends, and holidays.
Our Phoenix team works out of 2700 N Central Ave, Suite 320. We know the roads, the courts, and the insurance adjusters you are up against.
“After a crash, you need a team that answers the phone, explains your options, and fights for every dollar you are owed. That is what we do at The Simon Law Group.”
Over 250 years of combined attorney experience
Phoenix office at 2700 N Central Ave, Suite 320 |
Licensed in Arizona and California
Crashes caused by impaired or drunk drivers
Whiplash, back injuries, and low-speed collision claims
Hit-and-run crashes and unidentified driver claims
Serious injuries from head-on and wrong-way crashes
High-speed crashes on Phoenix freeways and surface streets
Not always. Most personal injury cases settle before trial through negotiation or mediation. Litigation means your attorney is prepared to go to court if the insurance company won't offer a fair amount. Filing a lawsuit often pushes the other side to negotiate more seriously.
Trials take longer and cost more in time and effort. But a jury verdict can be significantly higher than what the insurance company offered in settlement. Your attorney will help you weigh the risks against the potential reward based on the specifics of your case.
Most Phoenix personal injury attorneys, including our firm, work on contingency. That means no upfront fees and no cost to you unless we win your case. We front the litigation expenses and get paid from the recovery.
Bring your accident report, medical records, photos of the scene and your injuries, any insurance correspondence, and written communication with the other party. The more you bring, the faster your attorney can evaluate your case.
Yes. Mediation is common in Arizona and Maricopa County judges often require it before trial. A neutral mediator helps both sides negotiate. Many cases settle at mediation, saving time and expense while still reaching a fair result.
The most common outcome is settlement, which happens in the majority of PI cases. Other outcomes include jury verdict, bench trial verdict, directed verdict, or dismissal. Your attorney's goal is to get you the best outcome possible, whether that's at the negotiating table or in front of a jury.
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