How a personal injury lawsuit works in California, step by step

"Lawsuit" can sound frightening. Many people picture a dramatic trial that starts a few weeks after the accident. Real cases are slower and much more predictable than that. Here is how a typical personal injury case moves forward in California, from the first letter to the insurance company through trial.

Step 1: Treatment, investigation and the demand

Most cases start without a lawsuit. While you get medical care, we gather the police report, photos, witness statements, medical records and bills, and proof of lost income. When your treatment has reached a point where we understand your injuries, we send the insurance company a demand: a package that explains what happened, what it has cost you and what we are asking for.

The insurer may accept, make a lower offer or deny the claim. Back-and-forth negotiation is normal. Many cases settle at this stage. Settling too early, before you know how serious your injuries are, can be a mistake, because a settlement is final.

Step 2: Filing the complaint

If the insurer won't make a fair offer, or a deadline is getting close, we file a complaint in the Superior Court. The complaint is the written document that starts the lawsuit. It names the people or companies being sued (the defendants) and explains why they are responsible.

Timing matters here. Most injury lawsuits must be filed within two years of the injury, and claims against a government agency need a written claim within six months first. Our post on the two deadlines that can end your case explains both.

Step 3: Service and the answer

Each defendant must be formally given a copy of the complaint and a summons, a court paper telling them they have been sued. This is called service. Once served, a defendant generally has 30 days to respond (Code of Civil Procedure § 412.20). Usually the defendant's insurance company hires a lawyer, who files an answer denying responsibility. That is routine. It does not mean your case is weak.

Step 4: Discovery and depositions

Discovery is the stage where each side gathers information from the other. It is usually the longest part of the case. It can include:

• Written questions (called interrogatories) that must be answered under oath.
• Requests for documents, such as medical records, photos and pay stubs.
• Depositions: question-and-answer sessions under oath, with a court reporter, usually in a lawyer's office or by video. You will likely be deposed, and we will prepare you ahead of time.
• A medical exam by a doctor the defense chooses.
• Expert witnesses, such as doctors or accident reconstruction experts. See why the right expert witness can make or break your case.

Step 5: Mediation and settlement talks

In mediation, both sides meet with a neutral person, often a retired judge or experienced lawyer, who helps them try to reach a settlement. The mediator does not decide the case. Nothing is settled unless you agree. Courts may also hold a settlement conference closer to trial.

The large majority of personal injury cases settle before trial, often after depositions or at mediation, once both sides understand the evidence. A case that is well prepared for trial tends to settle on better terms, because the insurance company knows we are ready to go to court.

Step 6: Trial

If the case doesn't settle, it goes to trial. In most injury trials, a jury of 12 people hears the evidence: witnesses, medical records, experts and you. In a California civil case, the verdict does not have to be unanimous; at least nine of the 12 jurors must agree (California Constitution, article I, § 16). The jury decides who was at fault and how much money, if any, to award. Steven has tried cases to jury verdict and prepares every case as if it will go to trial. No lawyer can promise a result, but preparation matters.

How long does it all take?

Every case is different. A case that settles before a lawsuit can sometimes resolve within months once treatment is finished. A case that goes into litigation often takes a year or more, and getting a trial date depends on the court's calendar. Serious injuries usually take longer, because no one can value the case until the medical picture is clear. California also has rules that require a case to move forward and be brought to trial within set time limits, and we track those for you.

What about small claims court?

Small claims court is a simpler court for smaller disputes, and lawyers generally cannot represent you there. It has a dollar limit that is too low for most injury cases involving real medical treatment, and if you sue in small claims you give up the right to recover more than that limit for the same injury.

Thinking about a lawsuit?

We can walk you through what your case would look like, from the first demand to trial. Learn more about our personal injury practice, including car accident cases, or read our injury FAQs. Consultations are free, and you pay no attorney's fee unless we recover money for you. Call (562) 612-7806 any time or request a consultation.

• Sources: Cal. Code of Civil Procedure § 412.20
• Cal. Constitution, art. I, § 16
• Cal. Code of Civil Procedure § 335.1

This article is general information, not legal advice. Every case is different, and past results do not guarantee a similar outcome.