If you were injured in a car accident in Arizona, you may be worried that pursuing compensation means you will have to appear in court. The good news is that most car accident claims are resolved without a trial. In many cases, the injured person can negotiate an insurance settlement without ever appearing before a judge or jury.

However, every case is different. If the insurance company disputes fault, refuses to offer fair compensation, or raises other issues, filing a lawsuit may become necessary. Even then, filing a lawsuit does not necessarily mean your case will ultimately go to trial.

What Happens After an Arizona Car Accident?

After a collision, the insurance claims process typically begins. Arizona requires drivers to maintain liability insurance, with minimum limits of $25,000 for bodily injury or death to one person, $50,000 for bodily injury or death to two or more people, and $15,000 for property damage.

An injured person may pursue compensation from an at-fault driver’s insurance company. Depending on the circumstances, compensation could cover losses such as:

  • Medical bills
  • Lost wages
  • Reduced earning capacity
  • Property damage
  • Pain and suffering
  • Other accident-related expenses

During the claims process, evidence can be collected to establish fault and document the extent of the victim’s damages. The parties can then negotiate over an appropriate settlement.

If an acceptable agreement is reached, the claim can generally be resolved without going to court.

When Might I Have to File a Car Accident Lawsuit?

You may need to file a lawsuit if the insurance claims process does not produce a fair resolution. For example, an insurer might deny that its policyholder caused the crash or argue that your injuries are not as serious as you claim.

A lawsuit may also become necessary when:

  • Multiple parties disagree about who caused the accident
  • The insurance company makes an unreasonably low settlement offer
  • Your damages exceed the available insurance coverage
  • There are disagreements about the cause or severity of your injuries
  • The deadline for filing a personal injury lawsuit is approaching

Filing a lawsuit preserves your ability to ask the court to decide your case. However, settlement negotiations can continue after the lawsuit is filed.

Does Filing a Lawsuit Mean My Case Will Go to Trial?

No. Filing an Arizona car accident lawsuit does not automatically mean you will have a trial.

After a lawsuit begins, both sides enter a process known as discovery. During discovery, the parties exchange information and evidence relevant to the accident. This might include medical records, photographs, witness testimony, accident reports, and information about lost income.

You may also have to give a deposition. A deposition involves answering questions under oath, but it typically takes place outside a courtroom.

As each side learns more about the evidence, settlement negotiations may continue. A case can settle at virtually any point before a verdict is reached.

What Happens If My Car Accident Case Goes to Trial?

If the parties cannot reach a settlement, the case may proceed to trial. At that point, you will generally need to participate in the court proceedings.

During a trial, both sides can present evidence, question witnesses, and make arguments about liability and damages. You may be asked to testify about the accident, your injuries, your medical treatment, and how the collision has affected your life.

A judge or jury will ultimately determine whether the defendant is responsible and, if so, how much compensation should be awarded.

What If I Was Partly Responsible for the Accident?

Being partially responsible for an Arizona car accident does not necessarily prevent you from pursuing compensation.

Arizona follows a pure comparative negligence system. This means your compensation can generally be reduced according to your percentage of fault. For example, if you sustained $100,000 in damages but were found 20% responsible for the crash, your recovery could be reduced to $80,000.

Disagreements over each driver’s share of responsibility can complicate settlement negotiations and may make litigation more likely.

How Long Do I Have to Decide Whether to Go to Court?

You cannot negotiate indefinitely. Arizona generally gives accident victims two years to file a personal injury lawsuit under the state’s statute of limitations. Certain circumstances can change the applicable deadline, so it is important to determine the specific timeframe for your case.

Waiting can also make a claim more difficult. Evidence may disappear, witnesses can become harder to locate, and memories can fade.

Contact an Arizona Car Accident Lawyer at KRLG Injury Lawyers for a Free Consultation 

You do not automatically have to go to court after a car accident in Arizona. Many claims can be resolved through negotiations with the insurance company, while others may require a lawsuit to pursue appropriate compensation.

If you were injured in a crash, an experienced lawyer can review your circumstances, explain whether litigation may be necessary, and help you understand your legal options.

For more information, please contact the personal injury attorneys at KRLG Injury Lawyers at our nearest location to schedule a free consultation today.

We serve Scottsdale, Phoenix, Maricopa County, & Arizona’s surrounding areas.

KRLG Injury Lawyers
7702 E Doubletree Ranch Rd #150, Scottsdale, AZ 85258
(623) 303-5754

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