Question 1

How long do I have to file a personal injury claim in Arizona?

Accepted Answer

Arizona's standard statute of limitations for most personal injury claims is two years from the date of injury. Workers' compensation claims must be filed within one year. Claims against a city, county, or state agency must be preceded by a Notice of Claim filed within 180 days. Wrongful death claims also generally have a two-year deadline. These deadlines are strict — if you miss them, your case is permanently barred regardless of how strong it is. The two-year clock can be paused ("tolled") in limited situations, like for minors. Because exceptions are narrow and fact-specific, you should consult an attorney as soon as possible after an injury.

Question 2

Do I need a lawyer for my injury case?

Accepted Answer

Not always — but in any case involving meaningful injuries, missed work, or disputed liability, having a lawyer typically increases your recovery substantially even after fees. Insurance companies have entire departments designed to minimize what they pay you. An experienced attorney levels the playing field, handles negotiations, gathers evidence, and knows how Arizona courts and adjusters value cases. Most personal injury attorneys, including Saguaro, work on contingency — there's no upfront cost and no fee unless we recover for you.

Question 3

What is contingency fee representation?

Accepted Answer

A contingency fee means your attorney's fee is a percentage of what they recover for you, rather than an hourly bill. If we don't win or settle, you owe no attorney fee. The standard fee is 33⅓% of the recovery for cases resolved before a lawsuit is filed and 40% for cases that proceed to litigation. Case costs (filing fees, expert witnesses, medical records) are typically advanced by the firm and reimbursed from the recovery. This structure makes it possible for anyone — regardless of finances — to have skilled representation.

Question 4

How long will my case take?

Accepted Answer

It depends on the complexity, the severity of your injuries, and whether the insurer cooperates. Simple soft-tissue cases often resolve within 4–8 months once treatment is complete. Cases involving surgery, disputed liability, or serious permanent injuries can take 12–24 months or longer, especially if a lawsuit is necessary. We don't recommend settling before you reach maximum medical improvement, because doing so risks under-valuing your future medical needs.

Question 5

What if I was partially at fault?

Accepted Answer

Arizona follows a pure comparative fault rule. Even if you were partly responsible, you can still recover — your award is simply reduced by your percentage of fault. For example, if you were 25% at fault and your damages are $100,000, you can still recover $75,000. Many people give up valid claims because they assume partial fault bars recovery. It does not.

Question 6

What if my injury didn't show up until days after the accident?

Accepted Answer

This is extremely common. Adrenaline masks pain, and soft-tissue injuries (whiplash, herniated discs, concussions) often take 24–72 hours — sometimes longer — to fully manifest. Get medical attention as soon as you notice symptoms and tell your provider it followed an accident. Delayed treatment makes your case harder to prove, but not impossible. We work with medical providers and experts to document the link between the accident and your injuries.

Question 7

Should I accept the insurance company's first settlement offer?

Accepted Answer

Almost never. The first offer is designed to close your file cheaply before you understand the full extent of your injuries or talk to a lawyer. Insurers know that once you've cashed a settlement check, you typically can't reopen the claim — even if your medical bills triple. Always have an experienced attorney evaluate the offer before you accept anything.

Question 8

What if the at-fault driver doesn't have insurance?

Accepted Answer

Roughly 1 in 8 Arizona drivers is uninsured. If you carry uninsured motorist (UM) or underinsured motorist (UIM) coverage on your own policy, you can file a claim against your own insurer for damages the at-fault driver can't cover. UM/UIM is one of the most valuable coverages a driver can buy and often the only meaningful source of recovery in serious crashes.

Question 9

How is fault determined in an Arizona car accident?

Accepted Answer

Fault is established through a combination of the police report, witness statements, photo and video evidence, vehicle damage analysis, and (in serious cases) accident reconstruction experts. Arizona's pure comparative fault rule means fault is often apportioned among multiple parties on a percentage basis rather than going to one person.

Question 10

Can I recover damages if I was rear-ended?

Accepted Answer

Almost always. Arizona drivers are required to maintain a safe following distance. Rear-end collisions are presumed to be the fault of the rear driver in nearly every case. The most common defense is that you stopped suddenly without reason, but Arizona law generally rejects this — drivers must be prepared for sudden stops.

Question 11

What if I was a passenger in the at-fault driver's car?

Accepted Answer

You can still recover. Passenger claims are typically among the strongest because the passenger has no role in causing the crash. You can claim against the driver's liability policy even if the driver is a friend or family member — the claim is against the insurance, not the person personally.

Question 12

Can I be fired for filing a workers' comp claim?

Accepted Answer

Arizona law prohibits retaliation against workers for filing legitimate workers' compensation claims. If you are fired, demoted, or harassed because of a claim, you may have a separate retaliation lawsuit on top of your comp benefits. Document everything and contact an attorney immediately if you suspect retaliation.

Question 13

What if my employer says my injury isn't work-related?

Accepted Answer

The Industrial Commission of Arizona — not your employer — decides whether your injury is compensable. If the carrier denies the claim, you have the right to a hearing before an Administrative Law Judge. Many denied claims are eventually accepted with proper legal representation.

Question 14

Can I sue someone besides my employer?

Accepted Answer

Yes — these are called 'third-party claims.' If a non-employer caused or contributed to your injury (a negligent driver, a defective product manufacturer, a property owner), you can file a personal injury lawsuit against them in addition to your workers' comp claim. Third-party recoveries can dramatically exceed what workers' comp alone provides.

Question 15

What if my workers' comp claim is denied?

Accepted Answer

You have 90 days from the denial notice to request a hearing before the Industrial Commission. Don't accept the denial as final. Many denials are reversed at hearing, especially with experienced legal representation that can develop the medical record and present testimony.

Question 16

How long do workers' comp benefits last?

Accepted Answer

Medical benefits continue as long as you need treatment causally related to the work injury. Wage-loss benefits (temporary total or temporary partial disability) continue until you reach maximum medical improvement. Permanent impairment ratings can result in additional, ongoing payments depending on severity.

Question 17

Can I see my own doctor for workers' comp?

Accepted Answer

Generally, the carrier directs initial care, but you can request a change of physician through the Industrial Commission process. After your condition stabilizes, your treating physician's opinion carries significant weight in determining benefits and impairment ratings.

Question 18

Should I give a recorded statement to the insurance company?

Accepted Answer

Not without talking to an attorney first. The at-fault driver's insurance adjuster is trained to ask questions designed to lock you into damaging statements. You are not required to give a recorded statement to the other driver's insurer. Your own insurer may be entitled to one under your policy — but even then, an attorney should help you prepare.

Question 19

What is uninsured motorist coverage and do I need it?

Accepted Answer

UM coverage protects you when the at-fault driver has no insurance. UIM covers the gap when the at-fault driver's coverage isn't enough. Given Arizona's high uninsured driver rate and low minimum liability limits ($25,000), UM/UIM is one of the most cost-effective coverages available. Most drivers should carry meaningful UM/UIM limits.

Question 20

What is Med Pay coverage?

Accepted Answer

Medical Payments coverage pays your medical bills regardless of fault, up to your chosen limit. It's relatively inexpensive and provides immediate cash flow for medical bills while liability claims are being negotiated. Unlike health insurance, Med Pay doesn't require copays or in-network providers.

Question 21

Will my insurance rates go up if I file a claim?

Accepted Answer

Generally not for not-at-fault claims. Arizona insurers are restricted in how they can surcharge for accidents you didn't cause. Filing a UM/UIM claim against your own policy typically should not raise your rates, although practices vary by carrier.

Question 22

Can the insurance company access my medical records?

Accepted Answer

Only with a signed authorization or by court order. Adjusters frequently send blanket medical authorizations early in a claim — never sign one. They can use unrelated records to argue your injuries are 'pre-existing.' An attorney will produce only the records that are relevant to your accident.

Question 23

How is the value of my case determined?

Accepted Answer

Case value depends on the severity and permanence of injuries, total medical bills, lost wages, the strength of liability evidence, available insurance limits, and how a jury in your venue would likely view the case. Past results in comparable cases provide guidance, but no two cases are identical. Honest valuation requires a complete medical picture, which is why we don't promise dollar figures upfront.

Question 24

What's the difference between economic and non-economic damages?

Accepted Answer

Economic damages are quantifiable losses — medical bills, lost wages, property damage, future medical care, and lost earning capacity. Non-economic damages compensate for pain, suffering, emotional distress, loss of enjoyment of life, and disfigurement. Arizona has no cap on either category for most personal injury cases.

Question 25

How are medical liens handled in a settlement?

Accepted Answer

Hospitals, health insurers, ERISA plans, Medicare, Medicaid, and lien-based providers may all have a right to be reimbursed from your settlement. Skilled lien negotiation often reduces these claims by 30–60%, putting more money in your pocket. Lien handling is one of the most underappreciated parts of personal injury work.

Question 26

Why do settlements take so long sometimes?

Accepted Answer

Settling before treatment is complete risks under-valuing your case. Insurers also drag out negotiations as a tactic. When carriers refuse fair value, filing suit and preparing for trial is often what finally moves the case. Patience usually equals more money.

Question 27

Can I negotiate my own settlement without a lawyer?

Accepted Answer

You can — but data consistently shows represented claimants recover more, even after fees. For minor property-damage-only claims, self-representation may make sense. For anything involving meaningful injury, a lawyer almost always pays for themselves.

Question 28

What does "no fee unless we win" mean?

Accepted Answer

It means you pay nothing in attorney fees unless we recover compensation for you. If your case results in $0, our fee is $0. Our compensation comes only as a percentage of what we obtain.

Question 29

What are case costs vs. attorney fees?

Accepted Answer

Attorney fees are the percentage paid for legal work. Case costs are out-of-pocket expenses — filing fees, medical records, expert witnesses, deposition transcripts, court reporters. Saguaro advances costs and is reimbursed from the recovery. If we don't recover, you generally don't owe these costs.

Question 30

What's the standard contingency fee in Arizona?

Accepted Answer

33⅓% of the recovery for cases that settle pre-suit and 40% for cases that proceed to litigation. These percentages are standard across Arizona personal injury firms.

Question 31

What if I want to switch lawyers mid-case?

Accepted Answer

You have an absolute right to change attorneys at any time. The previous attorney typically claims a lien for the proportional value of work performed, paid out of the eventual recovery. You should never feel trapped with an attorney you don't trust.

Question 32

Are referral fees allowed in Arizona?

Accepted Answer

Yes, with restrictions. Arizona ethics rules permit referral fees between lawyers if the client consents in writing and the total fee is reasonable. Referral arrangements never increase the fee charged to the client.

Question 33

How do I schedule a consultation?

Accepted Answer

Call any of our six offices or submit the contact form. We're available 24/7 by phone for emergencies. Consultations are free, confidential, and can be conducted in person, by phone, or by video call — whatever is most convenient for you.

Question 34

Will I work with the same attorney throughout my case?

Accepted Answer

Yes. Each client is assigned a primary attorney and case manager who handle your case from intake through resolution. You'll always know who is handling your case and how to reach them.

Question 35

How often will I be updated on my case?

Accepted Answer

We commit to substantive updates at every milestone (treatment completion, demand sent, offers, lawsuit filed, deposition, mediation, settlement) and to returning client calls within one business day.

Question 36

Can you help me find medical care if I don't have insurance?

Accepted Answer

Yes. We work with a network of trusted Phoenix-area providers — primary care, chiropractors, orthopedists, pain management, imaging centers, physical therapists — who treat injury patients on a lien basis. They wait to be paid from your settlement.

Question 37

What languages does your team speak?

Accepted Answer

Every office is fully bilingual in English and Spanish — attorneys, paralegals, and intake staff. We handle case documents, client meetings, and court appearances in both languages.

Question 38

Do you have offices near me?

Accepted Answer

We have six offices spanning the Phoenix metro: Avondale, Goodyear, Mesa, Glendale, North Phoenix, and South Phoenix. Most clients in Maricopa County are within 20 minutes of one of our locations.

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