How to File a Lawsuit in California

If you’ve sustained an injury after an accident, you’re on a long road to recovery. Usually, seeking medical attention is the most important thing. Unfortunately, with the high cost of medical care, you may soon be facing large medical expenses.

Insurance payouts from the at-fault party after an accident may be insufficient to cover medical expenses and damages related to the injury.

As a result, you may need to file a lawsuit against the person or entity that caused your injury to improve your chances of recovery.

If you’re unsure of the steps to take while filing a lawsuit, consult a trusted personal injury attorney in California.

Steps to Filing a Personal Injury Lawsuit in California

Step 1: Seek Medical Attention

Whether you were involved in a car crash, slip and fall, or other motor vehicle accident, you are likely injured. Despite the severity of your injuries, seeking medical attention is an integral part of your recovery efforts. Therefore, after an accident, your health should always come first.

People can react differently to the same injury. For instance, two people can take varying periods to recover from a sprained ankle or wrist. One may heal quickly because of a favorable age, lifestyle, or genetics. Another victim may need surgery to recover from this injury. Seeking early medical attention allows for a quick diagnosis and treatment, preventing long-term health problems.

If you intend to file a lawsuit, seeking medical attention helps your case in the following ways:

• Establishing Connection: If you delay seeking medical attention or fail to seek medical attention, that might be reason enough for an insurer to deny your claim. The longer you wait to seek medical attention, the more the link between the accident and the injury fades.
• Creating Hard Evidence: When you contact a healthcare provider after an accident, it creates documented evidence of your injuries. Some of the documents from a healthcare provider that prove injuries include medical bills, medication, pictures of the injuries, witness statements, and disfigurement. This evidence is crucial in any future legal procedures.

Step 2: Contact a Personal Injury Attorney

After an accident, your focus should be recovering from the accident. Hiring a personal injury lawyer from The Barnes Firm allows you to focus on recovery while we advocate on your behalf and help you get the compensation you deserve.

Choosing to hire a personal injury attorney is crucial to a successful outcome in your case.

Here’s why the right personal injury attorney matters in your case:

• Establishing Legal Standing: To file a lawsuit in California, you must establish legal standing, which demonstrates that you’re directly connected with the at-fault party who caused the injury through action or inaction. Our attorneys will also ensure you file a lawsuit in the proper civil court.
• Understanding the Complex Legal Process: The legal process can be complex, particularly for anyone who has never been involved in a personal injury claim. Our personal injury attorneys can help you navigate the process, explain the required steps and ensure you follow the correct procedures.
• Highly Experienced and Knowledgeable: As you’re dealing with the injury, you may be overwhelmed by a combination of physical pain and emotional anguish. The effects of your injury can make it challenging to deal with your claim. Our skilled and highly knowledgeable attorneys are here to help handle your claim and walk you through every step of the process.
• Fight for the Compensation You Deserve: First, your attorney will establish the severity of the injury and its impact on your life. They will then build a solid case to help recover medical expenses, lost wages, and special damages related to your injury.

Our personal injury attorneys offer free initial consultations, where they will listen and discuss your case and advise you on next steps before filing a lawsuit.

Step 3: Investigate Accident and Injuries

Our attorneys begin working on your case by interviewing you to learn more about your injuries, accident, and medical treatment. We will then request medical records from a healthcare provider that offered you treatment services after the injury incident.

In some instances, your attorney works with an accident reconstruction specialist and other experts to collect evidence.

Step 4: Establish Negligence

Most personal injury cases are based on negligence or failure to apply reasonable care, which caused harm to the victim. For example, a driver is considered negligent if they injured a victim while driving under the influence of alcohol or if they failed to stop at a red light.

While proving negligence is complicated for victims, our personal injury attorneys can help plaintiffs identify the at-fault party.

Here are four elements of negligence that lawyers demonstrate in a personal injury claim:

• Duty of Care: The accident victim must prove that the defendant owed a duty of care. For example, if another driver injured you, your attorney can confirm that all motorists are responsible for acting responsibly. Similarly, a property owner owes a duty of care to anyone who has legally gained entry.
• Breach of Duty: Establishing negligence doesn’t end after proving that the defendant had a duty of care. The court must be satisfied that the defendant breached the duty of care to the victim. Breach of care varies based on the situation; for instance, a doctor failed to request a patient’s consent when administering a treatment.
• Causation: With the help of an attorney, the victim should also prove that breach of duty led to the accident and the subsequent injuries. Another thing to consider is whether the defendant could have foreseen if their actions could cause harm.
• Damages: Because a victim suffered a loss that a reasonable person could expect or foresee, monetary compensation is the only relief for these injuries.

Step 5: Serve Notice of Claim

If you file a personal injury lawsuit, you must inform all parties involved of your intention to process the matter in court. This step is also known as ‘’service of process’’. Usually, the notice is delivered by a court official, law enforcement officer, or a professional process server.

Step 6: Initiate Settlement Talks

The victim’s lawyer may make demands to the defendant’s attorney or insurance company before taking the matter to the courts. For instance, the lawyer may send a demand letter to the defendant’s insurance company.

A demand letter explains how the defendant is responsible for the accident and the subsequent injury. It also describes the severity of the injury, treatment received, and other related expenses. More importantly, the demand letter places a specific dollar amount they’re looking forward to receiving.

At this stage, the plaintiff and the defendant’s attorney will try to negotiate an acceptable settlement for both parties. Most personal injury claims settle at this stage; however, it sometimes proves difficult to reach an agreement.

Step 7: Determine the Venue of the Lawsuit

When you choose a suitable venue, you increase your chances of obtaining a favorable outcome.

For best results, file the lawsuit in a country where:

• Your principal address of the business or where you live
• Where the injury occurred
• The majority of your witnesses are located
• The defendant lives, and their place of business is situated in that location

When there’s more than one place appropriate for the lawsuit, a personal injury attorney can provide expertise in making the ideal choice.

Step 8: File a Lawsuit

If you disagree on a fair settlement with the defendant, you can process the matter in court. Filing a lawsuit initiates the discovery process, where each party will investigate and establish the other party’s claims and defenses.

You must file the lawsuit within the statutes of limitations to obtain personal injury damages. You lose your right to file a lawsuit if you miss the deadlines. Each state has rules of limitation, which vary depending on the type of injury.

For instance, you need to file a personal injury claim 2 years from the date of injury in California.

Before the case goes to full trial, the defendant and the plaintiff have another chance to find a solution. The process is known as mediation, which involves a meeting between the parties and a neutral third party.

The mediator will try to deal with the matter in a way that satisfies both parties. However, if mediation efforts fail, the case proceeds to full trial.

A full trial is complex and time-consuming as it involves case preparation, witness testimonies, finding new evidence, witness cross-examinations, and numerous back-and-forths between the parties.

Get Fair Compensation From an Experienced Personal Injury Attorney

Most injuries leave victims with mounting medical bills, physical disfigurement, emotional anguish, and lost income. Although injured victims are entitled to compensation, they often receive low offers that hardly cover injury-related damages.

With that in mind, consider working with The Barnes Firm, who are highly trusted and ready to represent you in a personal injury lawsuit.

Contact us online or call us at (800) 800-0000 for a free case evaluation.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes