A Step-by-Step Look at What Happens After You Take Legal Action in Arizona
If you’ve suffered an injury because of someone else’s negligence, you may already know that filing a personal injury claim can help you recover compensation for your medical bills, lost wages, and pain.
What many people do not know is what happens next.
At Gallagher & Kennedy, our experienced Phoenix personal injury lawyers help clients navigate every phase of the process—from initial filing through negotiation and, if necessary, trial.
Here’s what to expect once your claim is officially underway.
A Period of Investigation and Evidence Gathering
After filing a personal injury claim, your attorney will begin a detailed investigation of the incident. This stage focuses on collecting proof that shows how the other party’s negligence caused your injuries.
Evidence may include:
- Police or accident reports
- Witness statements and video footage
- Photographs of the scene and injuries
- Medical records and bills
- Employment records verifying lost income
The goal is to build a complete picture of fault and damages so the insurance company cannot minimize your claim.
Communicating With the Insurance Company
Once your claim is filed, the insurance company representing the at-fault party will assign an adjuster to evaluate your case.
Your lawyer handles these communications to prevent insurers from using your words against you or pushing for an unfair settlement.
At this stage, you may receive requests for statements or authorizations—always review them with your attorney before signing anything.
Medical Treatment and Recovery Documentation
It is important to continue all medical treatment prescribed by your doctors. These records are vital to proving the full extent of your injuries and future care needs.
If you stop treatment prematurely or miss appointments, insurers may argue your injuries are not as serious as claimed.
Your lawyer will track all medical visits, expenses, and progress reports to ensure your damages reflect your real experience.
Determining the Value of Your Claim
Every personal injury case is unique, and so is its value. Once your medical condition stabilizes or reaches maximum medical improvement, your attorney will calculate a settlement demand.
Damages may include:
- Past and future medical bills
- Physical therapy or rehabilitation costs
- Lost wages and diminished earning capacity
- Pain, suffering, and emotional distress
- Permanent disability or disfigurement
- Property damage (if applicable)
At Gallagher & Kennedy, we rely on expert analysis and real economic data—not guesswork—to determine fair compensation.
The Demand Letter and Settlement Negotiation
Once your attorney has assessed your damages, they will send a formal demand letter to the insurance company outlining your injuries, liability evidence, and financial losses.
From there, the insurer can either:
- Accept and pay the demand amount
- Make a counteroffer (most common)
- Deny liability altogether
Negotiations may involve multiple rounds of offers and counteroffers. Your attorney’s job is to keep pressure on the insurer and guide you toward the best possible outcome.
Mediation or Alternative Dispute Resolution
If initial negotiations do not produce a fair settlement, your case may move into mediation—a structured process led by a neutral third-party mediator.
Mediation often helps both sides find a resolution without going to trial, saving time and legal costs. Gallagher & Kennedy’s attorneys are skilled negotiators who approach mediation with preparation and precision.
Filing a Lawsuit (If Needed)
When settlement efforts stall, your lawyer may file a formal lawsuit to protect your rights before the statute of limitations expires.
This does not necessarily mean your case will go to trial. Many lawsuits settle during pre-trial phases once the insurance company sees your attorney’s evidence and trial readiness.
In Arizona, you generally have two years from the date of the injury to file a lawsuit (A.R.S. § 12-542). Exceptions apply to claims involving government entities or minors.
Discovery Phase: Exchanging Information
During discovery, both sides share evidence through written questions (interrogatories), document requests, and depositions.
Your attorney will prepare you for any interviews or questioning, ensuring your statements are accurate and protected.
This is also when your legal team may depose witnesses, experts, or the defendant to solidify liability.
Settlement Conferences and Pre-Trial Motions
Courts often require settlement conferences before trial. Your lawyer will present evidence, prior settlement offers, and new documentation to push for resolution.
If a fair offer still is not reached, your case proceeds to trial preparation—which includes witness coordination, exhibits, and trial strategy.
Trial: Presenting Your Case in Court
Should your case go before a jury, Gallagher & Kennedy’s trial lawyers are fully equipped to present your evidence in court.
Trials may take days or weeks, depending on complexity, and typically end with a jury verdict awarding damages.
Even after a verdict, additional post-trial motions or appeals may occur. Throughout every step, your attorney keeps you informed and supported.
After Settlement or Verdict: Receiving Compensation
Once a settlement or judgment is finalized, your attorney manages payment collection and lien resolution.
Medical providers, insurers, or government programs (like AHCCCS) may have reimbursement rights.
Your lawyer ensures those are handled correctly so you receive the maximum net recovery possible.
Practical Tips During the Claims Process
- Keep records organized. Save every bill, prescription, and written communication.
- Stay consistent. Attend all medical appointments and follow treatment plans.
- Limit discussions. Avoid posting details on social media about your case.
- Stay patient. Personal injury claims take time—thorough preparation often leads to better outcomes.
- Ask questions. Your lawyer is your advocate. Do not hesitate to request updates or clarification.
Frequently Asked Questions About Filing a Personal Injury Claim
1. How long does a personal injury claim take?
Most personal injury claims resolve within several months to a year. However, complex or high-value cases may take longer, particularly if a lawsuit or trial becomes necessary.
2. Do I have to go to court?
Not necessarily. The majority of personal injury cases are settled out of court through negotiation or mediation before reaching trial.
3. How much does it cost to hire a personal injury lawyer?
At Gallagher & Kennedy, you pay no upfront fees. Our attorneys work on a contingency fee basis, meaning we only collect if we successfully recover compensation on your behalf.
4. What if the insurance company denies my claim?
A denial is not the end of your case. Your attorney can appeal the decision, submit additional evidence, or file a lawsuit to pursue the compensation you deserve.
Why Choose Gallagher & Kennedy
- Proven Arizona Injury Lawyers: Decades of experience handling complex personal injury cases across Phoenix and the Southwest.
- Client-Focused Representation: You heal—we handle everything else.
- Trial-Ready Approach: Insurers know we prepare every case as if it will go before a jury.
- No Fee Unless We Win: You pay nothing unless we recover compensation for you.
Contact Gallagher & Kennedy Today
Every injury case starts with a conversation. Whether you are in Phoenix, Scottsdale, or anywhere in Arizona, our attorneys are here to help you understand your rights and take the next step.