People come into our office having never been in a lawsuit before and wanting to understand, in plain language, what they have just agreed to. Here is the honest version.
A personal injury claim in California is the legal process of asking the person who hurt you, or more precisely their insurance company, to pay for what they did. It sounds simple. The execution is where it gets complicated.
Phase one: medical treatment and investigation
The first phase of any case happens before a lawsuit is filed. Your job in this phase is to get better. The lawyer's job is to gather evidence: the police report, witness statements, photographs, scene measurements, video footage from nearby businesses, vehicle damage analysis, and any electronic data that may be available.
Your medical records are being built in this same phase. Every appointment, every diagnosis, every treatment becomes part of the case file. There is a reason we tell clients to attend every appointment and follow every recommendation. Gaps in treatment are the single most common defense argument against injury claims. We explain why in the importance of medical documentation.
Phase two: the demand
Once you have reached what doctors call maximum medical improvement, the point where further treatment will not change the outcome, your lawyer puts together a demand package. This is a comprehensive document sent to the insurance company that explains who was at fault, what your injuries are, what your treatment cost, what your future treatment will cost, what you have lost in earnings, and what your case is worth in pain and suffering.
The demand starts the formal negotiation. The insurer responds with an offer. Sometimes that offer is reasonable. More often it is not, and what looks like a negotiation is really a test of whether your lawyer is prepared to file suit. The pattern of what insurers do in these early rounds is covered in insurance company tactics.
Phase three: litigation
If the case does not settle, your lawyer files a complaint in California Superior Court. The defendant has thirty days to answer. Then discovery begins: written interrogatories, requests for documents, depositions of you, the defendant, witnesses, and any experts on either side. Discovery typically lasts six to twelve months and is by far the longest phase of the case.
Most cases settle during or shortly after discovery, because the evidence has been developed enough that both sides can value the case realistically. The cases that do not settle go to mediation, then to a settlement conference with a judge, and finally to trial.
Phase four: trial or settlement
In California, personal injury trials are usually heard by twelve person juries. The trial itself can take anywhere from three days to several weeks depending on complexity. After closing arguments, the jury deliberates and returns a verdict.
If you win at trial, the defendant has the right to appeal, which can delay payment by another year or more. Most plaintiffs settle before that point, even after a favorable verdict, because certainty has value. The question of how long the whole process takes is covered in how long a personal injury case takes.
What you can recover
California recognizes two main categories of damages: economic and non economic. Economic damages cover medical bills, lost wages, and future earning losses. Non economic damages cover pain, suffering, loss of enjoyment of life, and emotional distress. In rare cases involving particularly bad conduct, punitive damages may also be available. The detail on each is in what compensation injury victims can recover.
What you owe your lawyer
Personal injury work in California is almost always done on contingency. You pay nothing up front. The lawyer fronts case costs and earns a percentage of any recovery, typically 33 to 40 percent depending on whether the case is settled or tried. If you lose, you owe nothing. That arrangement aligns the lawyer's interests with yours.
One last thing. The statute of limitations in California is generally two years from the date of injury. Government claims require notice within six months. Missing either deadline ends your case before it starts. We explain the deadlines and the exceptions in California's statute of limitations. And if you want to know what separates a winning case from a marginal one, our piece on what makes a strong personal injury case covers the four factors that drive value.
To talk with an attorney about your situation, reach out to Jennie Levin through our contact page, or learn about our practice areas.