Stages in the Personal Injury Lawsuit Process (California)
While every case is unique, the stages of California personal injury lawsuits are similar. How long each of these phases lasts is what affects how long the legal process will take.
The way your case is resolved will also affect your lawsuit timeline. For example, your claim will resolve more quickly if it is able to be settled before a lawsuit is filed. A lawsuit that is settled during mediation will be shorter than a case that is tried in court.
Basics of a Personal Injury Lawsuit
The following are the general stages of a California personal injury lawsuit:
Receiving Medical Treatment
You must provide evidence that you suffered injuries as a result of the accident. This evidence should be documented in your medical records, which is why obtaining treatment for your injuries is necessary. Further, you should have a complete understanding of the extent and implications of your injuries so you can make the best decisions possible for medical care and medical expenses to help take care of your injured accident victims.
Investigations
After you retain a skilled personal injury lawyer, they will investigate your accident claim to determine liability and collect the necessary evidence to prove your personal injury damages. This investigation usually involves taking photographs of the accident scene, collecting and reviewing medical records and medical bills, obtaining witness statements, reviewing lost wage information, and hiring legal experts to support your claim. The more complicated your accident is, the longer this investigation process will take. For example, being involved in a muti-car accident is more complicated than an accident case
Pre-suit Negotiations
Prior to filing a lawsuit, your personal injury attorney will send a demand letter and negotiate with the liable party to attempt to reach a fair and reasonable resolution. These negotiations typically involve the responsible party’s insurance company.
It is important to recognize that the main goal of insurance adjusters is to pay out as little as possible for your injuries. Because of this, negotiations may take some time as your attorney pushes back to get a fair settlement offer for you. If the insurance company does not meet your demands, your lawyer may advise that your next step is to file a lawsuit to get the compensation you deserve.
Filing Your Lawsuit
California Statute of Limitations
In California, the statute of limitations for personal injury cases is typically two years, meaning you must file your lawsuit within two years of your accident date. After your lawsuit is filed, the defendant must be served with the complaint within 60 days and is given 30 days to answer it. Sometimes, the liable party will request an extension of time to answer, which can lengthen the time your lawsuit takes.
Discovery Phase
The discovery phase of a personal injury lawsuit typically consists of several steps. These steps often include depositions, independent medical examinations, and expert witness reports. The discovery process can take longer as the number of witnesses and amount of evidence increase. Other delays can arise from scheduling difficulties.
Settlement Negotiations
Mediation is a type of alternate dispute resolution involving a neutral third party who attempts to help the parties reach a settlement. Pursuant to California law, a judge can order that the parties participate in mediation in personal injury claims with damages under $50,000. Lawsuits that are resolved in mediation are often shorter and less expensive than those that go to trial.
Lawsuits that are resolved in mediation are often shorter and less expensive than those that go to trial.
Trial
If your personal injury case cannot be settled out of court, your lawsuit will go to trial. The length of time this will take depends on several factors, including the number of witnesses, the amount of evidence, and the judge’s timeline. Your case will also be affected by the caseload of your court.
If your personal injury case cannot be settled out of court, your lawsuit will go to trial.
As you can see, there are many factors throughout the litigation process that can cause the length of your lawsuit to vary. At Curtis Legal Group, we will aggressively negotiate with the insurance adjusters to attempt to resolve your case quickly. However, if a resolution is not possible, our personal injury lawyers in Northern California will be prepared to try your case in court and present the evidence needed to establish liability and demonstrate your damages.
Retaining a lawyer to handle your case could help your personal injury lawsuit move faster because we will aggressively negotiate to reach a favorable resolution on your behalf. At Curtis Legal Group, our California personal injury attorneys will work hard to reach a fair and quick resolution to your claim, and if we are unable to do so, we will be ready for trial. Contact us today for a free consultation to discuss how we can help you get compensation for the injuries you obtained in your personal injury accident.