An Overview of the Personal Injury Lawsuit Process
The personal injury lawsuit process in California usually moves through five stages: filing the complaint, serving the defendant, exchanging information in discovery, attempting settlement and, if needed, trial. Each stage has its own deadlines and tasks. Most cases settle before trial, often after depositions or at mediation. Still, knowing what each stage involves helps an injured person prepare and avoid surprises along the way.
Filing the Complaint
A case begins with a complaint filed in superior court. The complaint names the parties, describes what happened and lists the legal claims, such as negligence. In addition, the Judicial Council offers form complaints for personal injury cases, and many lawyers use them. Courts also require a Civil Case Cover Sheet that helps classify the case.
Filing must happen before the deadline. For most injury cases, that deadline is two years. For more, see California injury filing deadline.
Serving the Defendant
After filing, the plaintiff must formally deliver the complaint and summons to each defendant. That step, called service, gives the defendant notice and starts the time to respond. Then the defendant files an answer or a motion challenging the complaint. Insurance companies usually assign defense lawyers at this point.
Discovery in the Personal Injury Lawsuit Process
Discovery is the information exchange. Each side can send written questions called interrogatories, request documents and ask the other side to admit facts. Depositions allow lawyers to question witnesses under oath, with a court reporter present.
The defense may also request a physical exam by a doctor it chooses. California’s Code of Civil Procedure sets rules for those exams. Discovery often takes the most time in a case, sometimes many months.
Experts
Many injury cases rely on expert witnesses. Doctors explain injuries and future care. Accident reconstruction experts analyze how a crash happened.
Economists estimate lost earnings. Each side usually exchanges expert information before trial, then takes expert depositions.
Case Management
Courts track each case through case management conferences. At these hearings, the judge checks progress, sets deadlines and may assign a trial date. Lawyers usually attend, and the client rarely needs to appear. Still, the dates set there shape the rest of the case, so ask your lawyer to share them.
Delays happen for many reasons, such as court calendars, scheduling conflicts or new medical treatment. As a result, a trial date may move more than once. Patience helps, and so does keeping your lawyer updated about any change in your health or work.
Motions
Either side can ask the court to decide certain issues before trial. For instance, a defendant may file a motion for summary judgment arguing the plaintiff cannot prove the case. Other motions address discovery disputes or what evidence the jury will hear.
Rulings on these motions can shape settlement talks. For example, a ruling that keeps out a key piece of evidence may push one side toward a deal, while a denied summary judgment motion often prompts the defense to take the case more seriously.
Mediation and Settlement
Many courts encourage or require settlement efforts. Mediation brings both sides together with a neutral person who helps them negotiate. Mandatory settlement conferences before a judge also occur in many cases. If the parties settle, the plaintiff generally must notify the court, and the case ends with a dismissal.
For more on settlement terms, review any release carefully before signing. Then confirm how the lawyer will pay fees, costs and liens from the recovery.
Trial in the Personal Injury Lawsuit Process
Cases that do not settle go to trial. Jury selection comes first. Then each side gives opening statements, presents witnesses and evidence and makes closing arguments. The judge instructs the jury on the law.
In California civil cases, the plaintiff usually must prove the case by a preponderance of the evidence, meaning more likely true than not. Also, three fourths of the jury must agree on a verdict under the California Constitution. For proof standards, see personal injury proof standard.
After Trial
After a verdict, either side may file motions asking the judge to change or set aside the result. Appeals are also possible. These steps can add months or years.
Meanwhile, the parties may still settle. A judgment also has to be collected, which may involve the defendant’s insurer or, in some cases, other collection steps.
The Injured Person’s Role
- Answer written discovery honestly and on time
- Prepare for and attend a deposition
- Keep treating and keep records current
- Attend mediation and any settlement conference
- Testify at trial if the case goes that far
Your lawyer handles most of the work. Still, your cooperation matters at every stage. Also, avoid posting about the case online, since the other side may review public posts.
How Long the Personal Injury Lawsuit Process Takes
Timelines vary widely by court, case complexity and the parties’ schedules. Simple cases may resolve within a year. Complex cases with several defendants or serious injuries can take much longer.
Ask your lawyer for a realistic estimate based on the local court. For questions to raise when choosing counsel, see hiring an injury attorney.
This article is general information, not legal advice. Laws change and every situation is different.