The personal injury claims process in California begins with preliminary proceedings, including insurance negotiations and a demand letter. A claim is escalated to court with a summons and complaint before the statute of limitations expires. Preliminary proceedings include evidence gathering, exchanging information, and motion hearings regarding the trial. The parties may engage in settlement discussions, but a case may also proceed to trial and have post-trial proceedings.
The experienced Century City personal injury lawyers at LA Century Law explain the personal injury case process for California.
Seven Steps to the Personal Injury Case Process in California
1. Preliminary Matters
Before you take steps to pursue your compensation, you must investigate. You must determine several important elements.
- Legal fault—Who may be liable to pay compensation? Does a company have liability because of the actions of its employees? Are there causes that are not immediately apparent? Is fault shared?
- Jurisdiction and venue—What court is the appropriate court to hear the case? Where is the jurisdiction?
- Laws that apply—Do state laws apply to the case? Are there regulations that may impact the case? What legal standards will determine fault? Can these questions be disputed?
- Causes of action—What basis will you use to hold the defendant liable to pay compensation? What evidence proves liability?
- Damages—What is your case worth? How much are you seeking in compensation?
- Sources of compensation—Are there insurance policies that may provide payment? How will you collect compensation?
You may talk to witnesses and engage experts to examine the issues in the case.
By investigating these issues, you can create an effective case plan and proceed.
Seeking medical treatment and documenting your injuries
An important preliminary step in the personal injury claims process in California is your medical treatment. Medical care creates a timeline of events. When you seek medical attention immediately, it makes it harder for the defense to question the nature of your injuries. It can prevent the defense from saying you’re not doing everything to recover.
2. Initial Pursuit of the Case
Often, the initial pursuit of a case does not start with filing the case in court. You may pursue a claim directly through insurance. You may also pursue it directly with a defendant or their attorney, but this is less common.
Filing the claim with insurance
To file the claim with insurance, report the accident and your injuries to them. Request the amount of compensation you believe is appropriate. When presented with the evidence, the insurance company may offer a fair payment amount. However, insurance companies often try to minimize their payment amounts at this stage.
Demand letter
A more formal way of initially pursuing the case, but still outside of court, is through a demand letter. A demand letter summarizes the case, the basis for liability, and the amount requested. This letter is sent to the defense or the insurance company. It might prompt settlement talks early in the case. For it to be effective, a demand letter must be the result of careful investigation and case strategy.
3. Filing Your Case in Court
When insurance refuses to pay, the next step in the California personal injury process is filing your case in court. A case filing asserts your legal right to compensation and brings the defense to court. The defense can ignore the summons, but then they would automatically be liable.
You file your case with a summons, a document that says you’re starting a case. You attach a complaint, which states the facts of the case, causes of action, and the relief that you are seeking. You file the case, pay the filing fees, and serve a copy on all defendants.
Statute of limitations for personal injury in California
Pay attention to deadlines! You have a limited amount of time to file a personal injury claim in California. This is called the statute of limitations.
4. Formal Evidence Gathering
The defense may file responsive pleadings. Their response states whether they agree or disagree with your filing, and of course, they usually disagree.
The parties may gather evidence through inspections, tests, investigations, depositions, and informal witness questioning. You may prepare expert witnesses. The parties typically exchange lists of witnesses and exhibits. There is a process for using an expert witness in court.
5. Preliminary Court Appearances
The next step in the personal injury claims process in California is preliminary court appearances. These appearances and filings typically ask how much court time the parties think the case will require for trial. There may be conferences, evidentiary hearings, and mandatory settlement negotiations. The exact procedure can vary from court to court.
6. Settlement Negotiations
Each case process involves settlement negotiations. These negotiations may be formal or informal. The parties will see if they can settle the case without a trial. Accepting a settlement is voluntary.
Negotiating a settlement offer
Negotiating a settlement offer as part of the case process takes a legal strategy. You must know when to present information and what to keep confidential. As part of legal representation, your California personal injury lawyer can represent you during mediation and in informal settlement negotiations.
Note: Some cases may proceed to arbitration, which presents a summary of the case to a neutral party to issue an opinion on the case value. Arbitration may be binding or non-binding.
7. Trial
While very few cases go to trial, you do have the right to a trial.
At trial, you choose a jury, questioning prospective jurors for their ability to serve impartially. Each side may make an opening statement and present a case. You may question the other side’s witnesses and make objections. The court provides jury instructions for deciding the case.
8. Post-Trial Proceedings
Usually, the personal injury claims process in California ends with a settlement or trial. However, there may be appeals and other post-trial proceedings.
Contact an Experienced Century City Personal Injury Lawyer
You may have an experienced Century City personal injury lawyer at LA Century represent you throughout the claims process for personal injury in California. Call or message us now.