California Car Accident: How to File a Personal Injury Case

After a car accident, you may be left with mounting bills, the stress of dealing with insurance adjusters, and a long road to recovery ahead of you. If you have been injured in a California car crash, you have the right to seek compensation. This guide will walk you through the steps you need to take, from submitting an insurance claim to taking legal action if needed.

What to Do Immediately After a Car Accident

After a crash, prioritize safety and call 911 if anyone is injured. Seek medical attention—even if you feel fine—as some injuries take time to appear.

Gather evidence at the scene: exchange contact and insurance information, take photos, speak with witnesses, and request the police report. Track medical treatments and expenses, and report the accident to your insurance company. 

California law also requires a written report to the police or CHP within 10 days if injuries, death, or damages exceed $1,000. You must also file an SR-1 form with the DMV.

Insurance Coverage

The at-fault driver’s insurance should cover your damages. File a claim with their insurer, providing documentation like medical records and repair estimates. Avoid making statements that could imply fault. You may also need to file with your own insurer if coverage falls short.

If the insurance offer is too low or your claim is denied, consult a personal injury lawyer. Car accident attorneys can negotiate on your behalf or file a lawsuit. You typically have two years from the accident date to sue in California.

How to File a Personal Injury Lawsuit in California

Whether you are planning to file a lawsuit without representation or you are hiring an experienced lawyer, it’s still helpful to understand the steps involved in a lawsuit. 

Here’s a basic overview of the personal injury lawsuit process. 

1. File the Complaint

Your attorney prepares a legal document called a complaint, outlining:

• The facts of the case
• The legal basis for holding the defendant responsible
• The damages you’re seeking

You will need to file a summons and a complaint, which must have at least one cause of action. You may use this form for a motor vehicle accident as the cause of action. If you want to request exemplary or punitive damages based on the defendant’s actions, you may attach the Exemplary Damages form. 

The complaint is filed with the appropriate California civil court and officially starts the lawsuit.

2. Serve the Defendant

Once filed, the complaint must be served on the defendant, or the person or entity you’re suing.  This gives them formal notice of the lawsuit and a deadline to respond.

The defendant typically files an answer admitting or denying the allegations. They may also file motions to dismiss the case.

4. Discovery

Both sides exchange information and evidence during a phase called discovery. This may include:

• Depositions (sworn testimony recorded out of court)
• Requests for documents
• Written questions (interrogatories)
• Expert witness reports
• Independent medical examinations

The more evidence involved, the longer the discovery may take. 

5. Pre-Trial Motions and Settlement Talks

Before trial, both sides might file motions to resolve certain issues or even dismiss the case. Settlement discussions often continue during this time.

If your lawsuit seeks $50,000 or less in damages, the court may order mediation. This is a process through which a neutral third party helps both sides try to reach a settlement agreement. Mediation can avoid the costly and lengthy trial process through compromise. 

6. Trial and Appeals

If no settlement is reached, the case goes to trial. Each side presents evidence and arguments, and a judge or jury decides the outcome.

Depending on the court’s caseload, evidence, and complexity of your case, it can take anywhere from six months or two years to reach trial. The trial itself typically takes just two to five days. 

After both sides present their case, the jury will deliberate and reach a decision. After the trial, either side may appeal the decision if they believe there were legal errors.

Consider Hiring a California Car Accident Lawyer for Help

Understanding the steps of filing a personal injury case after a car accident can help you protect your rights and pursue the compensation you are owed. The process may seem complicated, but a car accident lawyer can help you through every step.