Litigation means taking your personal injury claim into the court system when a fair settlement cannot be reached through negotiation. It is the formal legal process used to resolve disputes when the insurance company or responsible party refuses to take accountability for the harm you have suffered.
Many law firms try to avoid litigation. It takes time, money, and real courtroom experience. Preparing a case for trial means digging deep into evidence, hiring experts, and standing firm against large insurance companies. For some firms, that level of commitment is too much.
While many firms look for fast settlements, we are built for serious cases that demand real trial work. We know that while settlements can be quicker, litigation often leads to the largest and most just results.
At Miller Kory Rowe, litigation is not something we avoid. It is what we do best.With more than 50 years of combined litigation experience, our attorneys know what it takes to win complex personal injury and wrongful death cases in Arizona courtrooms.
Before Litigation: When Negotiation Is Not Enough
Most personal injury cases start outside of court.
Your attorney gathers medical records, witness statements, and other evidence to support your claim and begins negotiations with the insurance company or the person or business responsible for your injuries.
Arizona courts note that most civil disputes, including personal injury claims, are resolved through negotiation or settlement discussions between the parties before trial.
Ideally, the insurer or at-fault party evaluates the facts and offers a fair settlement. But when they refuse to accept responsibility or minimize your losses, the next step is to file a lawsuit.
Litigation does not mean your case will automatically go to trial. It simply means your attorney is formally asking the court to intervene to protect your rights and move your claim forward under Arizona law.
What Litigation Actually Means
Litigation is more than filing paperwork.
It is a structured process designed to uncover the truth. Once your case enters the Arizona court system, both sides must exchange evidence, answer questions under oath, and comply with strict deadlines.
That process creates accountability. It prevents insurance companies from delaying, denying, or ignoring legitimate claims. It also gives you and your attorney access to documents, testimony, and expert opinions that can make the difference between an unfair offer and a just result.
Litigation levels the playing field. It ensures that justice is not determined by negotiation tactics, but by facts.
Why Some Cases Need Litigation
While many Arizona personal injury claims settle before court, some cases need litigation to uncover the truth. Common reasons include:
- The defendant denies fault or liability.
- The insurance company’s offer does not cover all your losses.
- Your injuries are catastrophic and involve long-term care.
- Multiple parties are responsible for your accident.
In these situations, litigation gives you access to evidence and testimony that insurance adjusters might otherwise withhold. It creates transparency, something every injured person deserves.
The Journey Through a Personal Injury Lawsuit in Arizona
1. Filing the Complaint
Your attorney prepares and files a complaint, a legal document that explains how you were injured, who is responsible, and what compensation you are seeking. Once it is filed, the defendant is formally served with the complaint and summons. Under Arizona rules, a defendant generally has 20 days from service to respond with a written answer.
To understand what your attorney must prove in this stage, read The Elements You Must Prove in a Personal Injury Lawsuit in Arizona.
2. Discovery Phase
After the answer is filed, both sides begin “discovery,” the process of gathering and exchanging evidence. This may include written questions (interrogatories), document requests, depositions (sworn statements), and expert reports. Discovery can take months, but it is one of the most important stages for building or defending the case.
3. Mediation and Settlement Talks
Even after a lawsuit is filed, settlement discussions continue. Arizona courts often encourage mediation, where a neutral mediator helps both sides explore a fair resolution. Many cases settle here once the defense sees that your attorney is ready and willing to go to trial.
4. The Trial
If settlement fails, the case proceeds to trial. At trial both sides present evidence, witnesses testify, and the judge or jury decides liability and damages. The goal is to show the full impact of your injuries and hold the responsible party or the defendant accountable.
Trials in Arizona can last from a few days to several weeks depending on how complex the case is.
5. After the Verdict
If the court rules in your favor, the defendant must pay the amount awarded. Sometimes appeals follow, but most cases resolve once a verdict is issued. Your attorney ensures payment is processed and your rights are protected throughout the final steps.
Filing Deadlines for Personal Injury Lawsuits in Arizona
In Arizona, most personal injury cases must be filed within two years of the injury under A.R.S. § 12-542. Missing that deadline usually means losing your right to compensation.
If your case involves a government agency or public employee, you must file a Notice of Claim within 180 days of the incident. These deadlines are strict, which is why early legal guidance is so important.
The Emotional Side of Litigation
Legal processes are technical, but they are also deeply personal. Litigation can bring up anxiety and frustration, especially when you are already dealing with recovery and financial strain.
That is why the team at Miller Kory Rowe focuses on more than just legal results. We prepare clients emotionally as well as legally, making sure you always know what is happening, why it matters, and what to expect next.
When you understand the process, it becomes less intimidating and far more empowering.
When a family comes to us after a serious injury or wrongful death, they have already faced months of uncertainty. Litigation is not about prolonging that pain. It is about shining light on what really happened and demanding accountability where it has been denied, and securing the fair compensation needed to rebuild their lives.
— Gabriel V. Kory, Partner, Litigator
How Miller Kory Rowe Guides You Through the Litigation Process
Litigation does not have to feel overwhelming. With Miller Kory Rowe, you are never left guessing. Our approach combines preparation, communication, and compassion.
FAQs About Litigation in Arizona Personal Injury Cases
Q: Does filing a lawsuit mean I will have to go to trial?
Q: How long does the litigation process take?
Q: What if the person who caused my injury lives outside Arizona?
Q: How does Arizona handle shared fault?
Q: Can I settle after filing a lawsuit?
Contact Our Phoenix Phoenix Personal Injury Attorneys today
Litigation may sound daunting, but in reality, it is a path toward truth and accountability. It is how Arizona’s courts protect people when insurance companies refuse to act fairly.
At Miller Kory Rowe, we see litigation not as a fight, but as a way to restore balance. Our attorneys are committed to giving every client a clear voice and a fair chance to be heard.
If you are facing a serious injury and unsure what comes next, reach out to our team. We will explain your options, handle the process, and stand beside you until justice is done.
With offices in Tucson and Phoenix, our firm is uniquely positioned to serve clients across the state of Arizona.
Need help navigating a difficult case? The attorneys at Miller Kory Rowe offer skilled, compassionate support right here in Arizona. Contact us today at (602) 654-1095 for a free initial consultation and review of your case.
