What Are the Steps to Filing a Personal Injury Lawsuit in California?

If you were involved in an accident that resulted in injuries and other damages, you may be entitled to compensation. In most cases, you’ll pursue compensation by filing an insurance claim. Filing a personal injury lawsuit is another option, however, the majority of personal injury lawsuits are settled out of court. If the insurance company or other party involved in refusing to make a reasonable settlement offer, learning how to file a lawsuit can help you determine the best course of action moving forward.

Can I File a Lawsuit Without Hiring a Personal Injury Lawyer? 

You are not required by law to hire a personal injury lawyer to file a lawsuit on your behalf and represent you in court. If you decide to file a lawsuit without legal representation and you suffered a major injury, hiring a personal injury lawyer can increase your chances of a successful outcome.

Below are the standard steps you must follow to pursue a lawsuit against the at-fault party:

Gather Information

Regardless of the type of accident you were involved in, it’s important to document the accident scene as thoroughly as possible. If you sustained severe injuries and are unable to gather evidence, ask a friend or family member to do it for you.

If you’re able to document the scene yourself, obtain the following types of evidence:

• Photos of the accident scene and any personal property damage
• Photos of your injuries
• Photos of skid marks, road debris, missing signage, etc.
• Witness contact information and statements
• Video footage
• Police report
• Write down as many details about the accident as possible, including what happened before the accident, how the accident occurred, and the actions of the other party involved after the accident.

Other evidence you should gather for your case includes:

• Medical documentation for every doctor’s visit or medical procedure
• Medical bills
• Documentation from your employer regarding lost wages
• Vehicle or personal property repair estimates

Determine Who Was Liable

Knowing who to file the lawsuit against is another important step in the personal injury lawsuit process. You must be able to prove the other party involved was negligent and their negligence resulted in your injuries.

File the Lawsuit Within the Statute of Limitations

In California, you will have two years from the date of the accident to file a lawsuit. If you miss the statute of limitations your case may be dismissed and you will be unable to pursue compensation for your medical bills and other losses.

Determine if You Were Partially At-Fault for the Accident

In California, you can still pursue compensation after an accident, even if you were 99% at fault. However, your award will be reduced based on your percentage of fault.

File the Summons and Complaint

If you have tried negotiating with the insurance company or other party with no success, the next step is to file the summons and complaint. The summons notifies the other party that they are being sued. The complaint outlines how you were injured, the other party’s liability, and what you’re demanding in damages.

Once the complaint has been filed, you must prepare for trial. This can involve contacting witnesses, hiring expert witnesses, gathering more evidence, and waiting for the trial date. This can be extremely overwhelming for an accident victim with no experience in personal injury law, especially if they have sustained life-changing injuries.

Should I Hire a Personal Injury Lawyer?

Many people hesitate to hire a personal injury lawyer, worried they don’t have enough money to cover the cost of legal fees. Fortunately, many leading personal injury attorneys work on a contingency fee basis. This means there are no upfront costs, and you will only pay legal fees if your case is successful. If you don’t win, you pay the attorneys nothing. Hiring an experienced personal injury lawyer is the best step you can take following an accident. They will handle every aspect of your claim, including evidence gathering, consulting with experts, interviewing witnesses, and filing the appropriate paperwork. If the insurance company refuses to make a reasonable settlement offer, your attorney can file a lawsuit on your behalf and represent you in court. While your attorney handles every aspect of your case, you can focus on your recovery and moving on with your life.

Contact Us Today!

If you've been injured in an accident, don't wait to get help. Contact us today to schedule a free consultation with one of our experienced accident attorneys. We will listen to your story, answer all of your questions, and provide you with the legal guidance and support you need to recover fair compensation for your injuries. With our help, you can focus on your recovery while we handle the legal aspects of your case.