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

Key Takeaways for Filing a Personal Injury Lawsuit in California

• A personal injury lawsuit begins with filing court papers, not with opening an insurance claim or sending a demand letter.
• Pre-suit investigation, medical documentation, and settlement discussions can occur before filing and help develop the claim.
• California imposes filing deadlines, with substantially shorter procedures for claims involving government entities.
• After filing, the defendant must be served and given an opportunity to respond before the case moves forward.
• Discovery, case management, settlement efforts, and trial preparation occur after the lawsuit is underway.

What Happens Before a Personal Injury Lawsuit Is Filed?

Several important steps occur before a lawsuit is filed. Medical treatment, investigation, damage documentation, and settlement demands help develop the claim. They are not formal court filing steps, but they affect the strength and direction of the case.

Why Does Medical Documentation Matter Before Filing?

Medical records document symptoms, diagnoses, treatment, and timing that are relevant to causation and damages. Prompt medical care after an accident creates a record that is tied to the event.

A gap in care can make it harder to document when symptoms began and how they progressed. It can also raise questions about whether ongoing limitations remain connected to the injury. Detailed medical records are important evidence in a personal injury case.

What Happens During the Claim Investigation?

Claim investigation identifies what happened, what evidence exists, who may be legally responsible, and what losses resulted. The investigation reviews accident reports, witness information, physical evidence, and relevant records.

Some cases require input from accident reconstruction, medical, engineering, or financial professionals. The type of assistance depends on the circumstances of the case.

A negligence claim generally requires proof of four elements:

• The other party owed a legal duty of care
• The party breached that duty through their actions or inactions
• The breach was a substantial factor in causing the injury, meaning it contributed more than negligibly to the harm
• The injured person sustained damages because of the breach

Without sufficient evidence supporting each element, the claim cannot succeed. Investigation builds the factual foundation before any legal filing occurs.

How Are Damages Documented Before a Lawsuit?

Documenting damages requires gathering records that support each category of loss. Personal injury claims in California can involve several types of damages:

• Economic damages, including medical bills, lost wages, and other financial losses
• Non-economic damages, including pain and suffering, impairment, and diminished quality of life
• Future losses such as reduced earning capacity and ongoing medical treatment, supported by medical or economic evidence
• Punitive damages when the defendant’s conduct meets the heightened legal standard

Medical records document treatment and restrictions. Employment and financial records document economic losses. Future losses depend on supporting evidence from medical, vocational, or economic professionals.

Does Every Personal Injury Case Require a Demand Letter?

A pre-suit demand letter is not a legal prerequisite before filing an ordinary personal injury lawsuit. Filing deadlines, disputed legal issues, or other case-specific concerns can affect whether settlement discussions happen before filing.

When a demand is sent, it summarizes the factual basis of the claim, the injuries, documented losses, and proposed settlement terms. The other side may respond with a counteroffer, and negotiations may follow. If the parties do not reach an agreement, filing a lawsuit is one possible next step, subject to the claim’s deadline and circumstances.

How Long Do You Have to File a Personal Injury Lawsuit in California?

Most California personal injury actions have a two-year limitations period after the claim accrues under Code of Civil Procedure § 335.1. Accrual and the accident date are not always the same. The deadline depends on the specific facts.

Some claims have substantially shorter procedural deadlines. For many personal injury claims involving a California public entity, Government Code § 911.2 generally requires the initial administrative claim to be presented within six months after accrual. Missing the initial six-month deadline can jeopardize the claim and trigger additional procedures for seeking permission to present it late. 

What Happens After a Personal Injury Lawsuit Is Filed?

Filing the complaint starts the court case. The defendant is then served, the court sets case management procedures, and the litigation process moves through discovery, possible motions, settlement efforts, and potentially trial.

How Does the Plaintiff Start the Lawsuit?

The plaintiff files the required civil court papers, including a complaint, summons, and applicable court forms. The complaint tells the court and defendant what claims the plaintiff is bringing and the basic facts supporting them.

The complaint identifies the legal basis for holding the defendant liable for damages.

What Happens After the Defendant Is Served?

After the plaintiff files the case, the summons and complaint must be properly served on the defendant. A defendant personally served with the summons and complaint generally has 30 days to respond. Different service methods can affect that deadline.

The defendant’s response can take several forms. The response may admit or deny the allegations, raise legal defenses, or address procedural issues. The defendant may also allege that the plaintiff shares responsibility for the injury.

What Happens at a Case Management Conference?

California courts use case management conferences to address how the case will proceed after the initial pleadings. The court and parties discuss the status of the case, scheduling, discovery, alternative dispute resolution, and preparation for later stages. Case management conferences help the court set deadlines and keep litigation moving toward resolution.

What Happens During Discovery?

Discovery allows the parties to obtain information and evidence from each other and, through subpoenas, from third parties. California’s civil discovery rules govern the process.

Common discovery tools include:

• Interrogatories, which are written questions requiring written answers
• Requests for production of documents and records
• Requests for admissions on specific facts
• Depositions, which involve sworn oral questioning
• Subpoenas directed to third parties

Discovery creates a record of information, documents, admissions, and sworn testimony that can matter at later stages of the case. It gives both sides access to the evidence relevant to disputed issues.

What Happens Before Trial?

Before trial, either side can ask the court to decide legal or evidentiary issues through motions. Depending on the case, motions can address admissibility of evidence, discovery disputes, or whether some or all claims can be resolved without trial.

The court may also schedule a settlement conference. Mediation can also be used in appropriate cases.

Can a Personal Injury Case Still Settle After Filing?

Filing a lawsuit does not end settlement discussions. The parties can negotiate while litigation is pending, and a case can resolve through settlement before trial. Discovery can give both sides additional information for evaluating disputed facts, damages, and litigation risk.

What Happens at a Personal Injury Trial?

In a jury trial, the plaintiff presents the case first, followed by the defendant. Each side can call witnesses and offer evidence for the jury to consider.

The plaintiff bears the burden of proof on the negligence claim. The standard is preponderance of the evidence, meaning the required facts are more likely true than not. If punitive damages are sought, those require the higher clear-and-convincing standard, meaning the facts must be highly probable.

If the jury finds for the plaintiff, the jurors decide how much the defendant pays for damages. The jury can also find that the plaintiff shares responsibility.

California follows pure comparative fault. When the plaintiff shares fault, the damages are reduced according to the plaintiff’s percentage of responsibility. Partial fault does not eliminate the claim.

Can Either Side Appeal?

An eligible party can seek appellate review of an appealable judgment or order, subject to strict procedural deadlines. An appeal is not another trial or an opportunity to retry the facts. It addresses whether legal errors affected the outcome. 

Do You Need a Lawyer to File a Personal Injury Lawsuit?

California does not require an adult civil litigant to hire a lawyer to file a personal injury lawsuit. However, litigation involves procedural rules governing filing, service, evidence, discovery, motions, settlement, and trial.

At M&Y Personal Injury Lawyers, one attorney manages each accepted case from the first call through resolution. Several of our personal injury attorneys previously represented insurers or corporate defendants. We prepare every case as though it will be tried. That preparation guides how we document the claim and address disputed issues.