Getting hurt in an accident can change your life in an instant. One moment, everything feels normal, and the next, you’re dealing with insurance, visiting your doctor, paying medical bills, and dealing with unexpected stress.

The good news is that if someone else’s carelessness caused your injury, a personal injury lawsuit can help you get the compensation you deserve.

But what does this process look like? If you’ve never been involved in a personal injury lawsuit before, you might imagine dramatic courtroom scenes like those on TV. But actually, most personal injury cases don’t go that far. The process is usually simpler than you might realize. In this blog, we’ll discuss the 7 stages of a California personal injury lawsuit.

  1. Seeking Medical Help Immediately After Your Accident

Getting a medical check-up right after a car accident is important, even if you feel fine or you don’t think you’re hurt. Medical practitioners know how to find injuries that you might not notice right away. Below are reasons why seeking medical help immediately after an injury is important for your personal injury lawsuit:

  • Having a complete medical evaluation after the accident helps create a record that could be crucial for any future personal injury claims or lawsuits. You might think you’re okay right after the accident, but injuries can show up later or get worse over time. If you don’t have medical records linking those injuries to the accident, the other party’s insurance or lawyer might argue that your injuries have nothing to do with the crash or that you made them up later
  • Not all injuries show up right away. After an accident, adrenaline could trick you into thinking that you’re not hurt, or one injury can overshadow another. Some injuries only become noticeable when you try to get back to your usual routine days later. By seeing a doctor or your primary care physician, you can make sure that any serious injuries don’t get missed and that any late-appearing issues are linked to the accident
  • Waiting for a long time to get a medical check-up or not following up with your doctor can hurt your case. The longer you wait between the accident and getting treatment for your injuries, the more the court will doubt how serious those injuries are and whether they really came from the accident. If you have injuries related to the crash but don’t seek treatment quickly, you miss the chance to have someone else document those injuries. That also makes it harder to argue how serious the injuries are and increases the chances that the other party’s insurance company will say the injuries were caused by something else

  1. Hiring a Personal Injury Attorney and the Investigations

After seeing your medical practitioner, you should talk to a skilled personal injury lawyer who can look at your situation and explain your legal choices. Your lawyer will review what happened to you and help you figure out what kind of compensation you should ask for. 

Experience really matters in personal injury cases, so it’s best to pick a lawyer who has worked on lots of personal injury cases. You also want a law firm that has the resources to stand up for your rights against whoever hurt you, even if that means going up against big companies.

Once you hire a lawyer, they’ll require documents related to your accident. These include:

  • Photos of the accident scene
  • Images of your injuries
  • Pictures of the damage
  • Any medical records or receipts for treatment you might have, especially if you didn’t share them during your first meeting

Your lawyer will also look into all the details they have at that point to understand how you got hurt, how serious your injuries are, what damages you’ve faced, and the costs involved. They’ll reach out to the insurance company of the person who injured you. If that person has a lawyer, they’ll contact them too.

As your attorney addresses all of this, your primary objective needs to be seeking medical care. Concentrate on healing and getting back to how you were before the accident, while your lawyer manages the investigation.

  1. Sending a Settlement Demand Letter

Not every case goes to trial. A trial is usually a last resort when both sides can’t agree. Trials take a lot of money and time and can be really stressful for everyone involved. Plus, when a case goes to trial, a jury decides if you get any money and how much. Because of this, both parties usually want to settle things privately instead of going to court.

After your defense attorney has collected all of the necessary evidence for the case, they will send a demand letter to:

  • The at-fault party
  • The at-fault party’s insurance company
  • The at-fault party’s defense attorney, if the at-fault party has one

The demand letter describes the accident, discusses the injuries, and explains how the injuries impacted living life. Furthermore, the demand letter asks the at-fault party to compensate the injured party for the injuries and let the insurance company know that if compensation does not come forward, a lawsuit will follow.

After the demand letter, the defense attorney will negotiate a settlement with the neglectful party’s attorney. If there is a settlement offer, the attorney will let the injured party know if it is a decent settlement.

Having a lawyer handle negotiations can really change the outcome of your case.

  1. Starting a Personal Injury Lawsuit

If you and the at-fault party can’t agree on a settlement after some negotiations, your lawyer might decide to take things to court by filing a personal injury lawsuit. This process begins with a document called a “Petition” or “Complaint.” You, the injured party, are now referred to as the “Plaintiff.”

The petition is the first formal document filed with the court. The court serves the petition on the party at fault, or the “Defendant.”

The Complaint will detail all the facts of your case, how you were injured, the nature of your injuries, the damages you have suffered, and why the Defendant should be liable under the law of your state.

After the Defendant receives the formal complaint, they’re probably going to want to hire their own attorney. They will need to respond to and answer your Complaint within a certain period of time, typically 30 days.

In their answer, the Defendant will either admit or deny the allegations in the Complaint, and then will provide their reasons why they should not be found responsible for the accident, or for your injuries.  Once you’re in litigation, either attorney can request that the court change those deadlines if it would be beneficial for their clients, including needing additional time to gather documents or to contact witnesses.

Because of this, the lawsuit process can take anywhere from a few months to a couple of years, based on how complicated your claim is and how much evidence needs to be collected.

  1. The Pretrial

Once the initial court documents are filed, both parties will start the discovery process. Discovery is when they gather evidence, which includes:

  • Taking depositions (interrogating witnesses and involved parties under oath with a court reporter present)
  • Requesting documents
  • Sending interrogatories (a list of questions to each party)
  • Talking to other witnesses or third parties who might know about the accident

Before the trial begins, both sides will also submit motions. These are formal requests to the court asking for actions that favor each party. Motions outline what each side can and can’t do during the pretrial phase. For instance, one party might file a motion to keep their privacy safe and stop the Defendant from looking into records unrelated to the personal injury claim.

During the legal proceeding, both sides can ask for mediation. Mediation is a way to resolve disputes without going to court, where both parties, their lawyers, and a neutral third person, called a mediator, come together. The mediator knows the law and can give private advice to each side about the benefits and drawbacks of settling. It’s a way to settle things outside of court without dealing with a jury trial.

  1. The Trial

If all the discovery is done, motions have been exchanged, and mediation didn’t lead to a good settlement, your case might head to trial. Your lawyer will prepare you in the days leading up to trial as to what to expect, what you should do, and how the trial will proceed. The usual trial process includes:

  • Picking a jury
  • Making opening statements
  • Hearing witness testimonies
  • Cross-examining witnesses
  • Presenting closing arguments
  • Having the jury deliberate
  • Reaching a verdict

When your case is brought to trial, your attorney will talk to the judge or jury about your case using the evidence and witness testimony collected up to that point. Then the other side will explain their side of the case and explain why they are not liable for your injuries. After both sides of the case present what they think occurred, the jury or judge will decide whether the defendant is liable for your injury, and if so, they will decide the damages you should receive.

  1. Awarding Damages

If the judge or jury decides in your favor, your attorney will first handle any liens. These are claims from people, like medical workers, who haven’t been fully compensated for their services. Once those liens are settled, along with the attorney’s consulting costs and any case expenses, you’ll receive a final check as your payment. Getting this award means your lawsuit is officially over.

Even after the trial, both sides can still file an appeal if they think there was a mistake during the trial. Each state has specific regulations that attorneys must follow during this process. If one side believes a rule was broken or that the judge made an incorrect decision, they can appeal. Also, if your lawyer believes there’s a reason to appeal, they’ll walk you through what that means and what to expect.

How Long Do I Have To File a Personal Injury Lawsuit in California?

A statute of limitations is a law that sets a deadline for starting legal action, like filing a lawsuit, after something happens. This time frame can differ depending on where you are and the kind of case or crime involved. If you don’t file within this time limit, you could lose your chance to take legal action for good.

In California, you generally have two years from the date of your accident to file a personal injury lawsuit. If you miss this deadline, the court will throw out your case unless a specific legal reason, like the ones mentioned below, pauses the statute of limitations.

The Discovery Rule

In California, the clock on the statute of limitations doesn’t start until you discover your injury. The discovery rule exists because there can be a delay between when an accident happens and when you realize you’re injured.

Medical Malpractice Cases

In California, you generally need to file medical malpractice claims by:

  • Three years after the injury occurred
  • One year after you discover (or should have discovered) the injury

For veterinary malpractice, the one-year limit starts from the day the injury occurs.

Tolling

In California personal injury cases, the statute of limitations can pause if the at-fault party is:

  • Under 18 years old
  • In a state prison (not just a county jail)
  • Out of California
  • Legally insane

The time limit can start again once the reason for the pause is no longer there.

If you were a victim of serious crimes like kidnapping, rape, or attempted murder, you have 10 years from when the defendant finishes their parole to file a lawsuit. For less serious felonies, you have one year after the defendant’s judgment to take legal action.

When the Victim is a Child

If you were a minor when your accident happened, you usually have until you turn 18 to file a lawsuit in California. That’s when you can legally make decisions. There are some exceptions, though:

  • If you experienced child sex abuse, you can sue your abusers by either your 40th birthday or five years after you find out about the abuse, whichever comes later
  • If the injury happened before or during birth, you have six years from the birth date to file a lawsuit
  • For medical malpractice cases, minor victims need to file lawsuits within three years of the alleged wrongdoing, or if they were under six at the time of the injury, by their eighth birthday

Suing the State or Government

If you want to sue a government agency in California for negligence, you need to file an “administrative claim” within six months after your injury. The agency has 45 days to reply.

If they deny your claim, you can file a personal injury lawsuit against them within six months of that denial. If they don’t respond at all, you have up to two years from the date of your injury to take legal action.

A typical claim against these agencies involves them being careless about keeping roads safe and signs clear, which might have led to your auto accident.

Types of Compensatory Damages in a California Personal Injury Case

In California, when you’re hurt because of another person’s actions, compensatory damages are the money the wrongdoer pays to make up for your losses. These are different from punitive damages, which are meant to punish the wrongdoer and stop others from acting the same.

Compensatory damages, also known as actual damages, fall into two main categories:

Economic Damages

Economic damages are the costs that you can easily put a dollar amount on. Also called special damages, these cover the actual money you’ve spent or will need to spend in the future.

Economic losses can include:

  • Past and future medical bills (including home health care, prescription meds, mental health treatments, etc.)
  • Damage to your property
  • Reduced ability to earn money
  • Lost wages or earnings

Non-Economic Damages

Non-economic damages don’t always have a specific dollar amount attached. Often called general damages, these cover more personal and subjective losses, such as:

  • Pain and suffering
  • Loss of enjoyment in life
  • Physical impairment
  • Emotional distress and mental anguish
  • Unjust hardship
  • Disfigurement
  • Inconvenience
  • Loss of companionship

What are Punitive Damages in a California Personal Injury Case?

In California, if you want to get punitive damages, Civil Code 3294 states you need to show clear and convincing evidence that the person who hurt you acted with fraud, oppression, or malice.

Punitive damages aim to punish the defendants in personal injury cases and discourage others from making the same mistakes. There isn’t a set rule for how much punitive damages can be awarded in these cases.

When deciding whether to grant punitive damages and how much to give, the jury looks at:

  • How bad the defendant’s actions were
  • Whether the punitive damages relate reasonably to the harm you suffered or might suffer
  • If the defendant’s behavior is part of a pattern
  • What amount would effectively punish the defendant and prevent future wrongdoings
  • If the defendant ignored the health and safety of others
  • If the defendant tried to take advantage of your financial situation.

Your personal injury attorney can present all available evidence to the jury to highlight how awful the defendant’s actions were and why it’s only fair for them to pay a significant punitive penalty.

Judges don’t factor in the defendant’s wealth when deciding if punitive damages are appropriate or how much should be awarded.

Find a Personal Injury Law Firm Near Me

California’s court system has a helpful guide for anyone thinking about handling their own personal injury lawsuit. However, if you feel uncertain about this process, you should seek advice from a personal injury lawyer. Having a knowledgeable attorney is especially important if you have sustained significant injuries or have suffered serious financial damages. Your lawyer will help you assess your options and choose how to proceed in your particular situation.

At The LA Personal Injury Law Firm, we know that selecting the right personal injury attorney can make a difference in your case. We’ve got what you need. The experience, great communication, a solid track record, and most importantly, a focus on our clients’ well-being.

To set up a free consultation with our team, just give us a call at 310-935-0089. We’re proud to help clients all over Los Angeles.