Accident victims may put off contacting a personal injury attorney for help because they believe that preparing for a lawsuit is overwhelming and stressful. While dealing with the California legal system can be daunting, with the help of an experienced and resourceful Huntington Beach personal injury lawyer, you’ll be ready for the road ahead.
The process starts with understanding the personal injury lawsuit process in California. When you know what the process looks like and what to expect, moving forward with a personal injury lawsuit doesn’t feel as taxing, and it may be your best chance at pursuing the compensation you deserve.
Step-by-Step Process of a Personal Injury Lawsuit
Filing a personal injury lawsuit is a big step. Many accident victims find the experience stressful, but when you understand the process and legal steps for accident cases, things become more manageable, especially when you have a compassionate lawyer by your side working with you.
Where does the personal injury lawsuit process start in California? This step-by-step guide will break down the steps involved.
Contact an Experienced Personal Injury Attorney
Your case doesn’t begin until you retain effective legal representation to help you prepare and build your case. Immediately following an accident, take steps to protect yourself and your case by reporting the accident, documenting the scene as thoroughly as possible, and seeking medical attention for your injuries. Next, contact a Huntington Beach attorney for a free initial consultation to learn more about your legal rights.
After meeting with an attorney, your personal injury lawyer quickly moves to investigate the cause of the accident and gather and preserve crucial evidence to get a more complete picture of your case.
Insurance Claim
In most cases, an attorney doesn’t automatically jump to filing a lawsuit. They can help you file an insurance claim and issue a demand letter outlining your medical expenses, lost wages, and other losses. Aggressive negotiations follow, and your attorney can review the company’s settlement offer. If the parties cannot reach an agreement or the insurer negotiates in bad faith, your attorney may begin preparing to file a lawsuit.
Filing a Lawsuit
If a personal injury lawsuit offers you the best chance at a favorable resolution, your attorney prepares a formal legal complaint and files it with the appropriate California court. The opposing side served the complaint and gave time to respond.
Discovery Phase in Lawsuits
Discovery can be one of the lengthiest processes in a personal injury lawsuit. During discovery, both sides continue to gather evidence, build their respective cases, and share information. Depositions are conducted. Each side can find expert witnesses to corroborate their arguments.
Pre-trial Proceedings
Each side can also file pre-trial motions in injury cases. These filings are requests made to the court that can impact the outcome of a case. Motions to dismiss or motions for summary judgment are two of the most common motions filed in personal injury cases. Before trial, another round of negotiations may also take place. Most personal injury cases settle outside of court once both sides have a more complete picture of the strengths and weaknesses of their cases. The court may also encourage parties to engage in alternative dispute resolutions, like mediation, to see if a mutual arrangement can be reached to avoid trial.
Trial
If negotiations fail, it is time for trial. The court sets a trial date, and each side can present its evidence and make its arguments. The judge or jury evaluates the information presented, assigns liability, and determines compensation, offering their final verdict.
Post-trial Appeal
Parties cannot appeal a ruling because they disagree with the outcome. Appeals can only be filed because a legal error occurred, which should be reviewed by a higher court.
Settlement
If an accident victim recovers compensation for their injuries through a judgment or settlement, the money pays their attorney’s legal fees and any medical liens that must be satisfied. Once all financial obligations are settled, the accident victim gets the remainder of the settlement.
Personal injury lawsuit outcomes vary depending on the:
- Circumstances of the case
- Strength of the evidence
- Skill of your legal representation
How Long Does a Personal Injury Lawsuit Take?
One of the questions accident victims ask most often is how long a personal injury lawsuit takes. The answer is complicated. Some California personal injury lawsuits get resolved in as little as six months to one year, but some last much longer. The personal injury lawsuit timeline is affected by numerous factors. Your attorney can control some of them, but others, they cannot.
The complexity of the case is the most significant factor that affects how long it takes to resolve a personal injury lawsuit. The more challenging the case, the longer it will take to collect and preserve evidence, build a strategy, and resolve the situation. Simple cases with straightforward liability and injuries can be resolved relatively quickly by an attorney and the court. Complicated cases with multiple liable parties, catastrophic injuries, and difficult-to-gather evidence take time.
The willingness of the other party to negotiate can also add to the timeline of a personal injury lawsuit. When the other side is willing to engage in good-faith negotiations, a settlement can be reached much more quickly than proceeding with a trial.
A settlement can help speed up the timeline because California courts often experience backlogs and scheduling conflicts. Sometimes, a lawsuit becomes a waiting game until the court can fit your trial into its schedule.
A Huntington Beach Personal Injury Attorney Can Help
The personal injury attorneys at DJA Injury Attorneys can help you navigate the personal injury lawsuit process from state to finish, taking the burden and stress off your shoulders. We’ll make sure you know what’s happening with your case with transparent and supportive communication. You get to focus on healing, and we pursue maximum compensation for your injuries.
Let’s discuss your case today. Call us at (949) 229-7228 or contact us online to arrange a free consultation.