How to File a Personal Injury Lawsuit in California

Filing a personal injury lawsuit in California starts with understanding how the legal process works from the very beginning. You need to submit a complaint to the appropriate court, serve the other party, and meet several deadlines that affect how your case moves forward.

A personal injury lawyer from DiMarco | Araujo | Montevideo can help you track each step, but it helps to know what is coming before you start.

What Starts the Personal Injury Lawsuit Process in California

The lawsuit officially begins when you file a complaint in civil court. This document lays out what happened, how you were hurt, and why you believe the other party should be held responsible. From there, the court requires a few more steps before the case can start moving forward.

Filing the Complaint and Serving the Defendant

The process starts when you file a civil complaint that explains how you were injured, who was involved, and what kind of compensation you are seeking. After filing, the court requires that the defendant be formally served with the paperwork, which usually happens through a process server or by certified delivery.

The Defendant’s Response and Early Scheduling Steps

Once the defendant is served, they must file a written response called an “answer,” where they admit or deny the claims. From there, the court often schedules a case management conference to go over deadlines and next steps, which your legal advocate helps prepare for behind the scenes.

What Happens Once a Lawsuit Is Underway

After the paperwork is filed and the other side responds, things start moving behind the scenes. You are not heading straight to court just yet, but the process does start picking up speed. Here are some of the steps that usually come next:

• Each side asks for documents, photos, and other key details
• You may be asked to share medical records, especially for things like broken bones
• Lawyers set up depositions, which are formal interviews with people involved
• Either side might file motions to settle legal questions early
• Experts are brought in to weigh in, especially in car accident cases
• A judge helps set deadlines and plans out the trial schedule
• You might sit down for mediation or another round of settlement talks
  

Most personal injury cases follow a rhythm, even if every story is different. According to California Code of Civil Procedure § 335.1, you only have two years to file, which makes it important to stay on track. If your case involves serious injuries or complicated facts, this is where all of the pieces start coming together.

What to Expect as the Case Moves Toward Trial

Once discovery wraps up, your case enters a new phase that focuses on tying everything together. You will see more prep work behind the scenes as both sides get ready for court. These next steps are where timelines can vary depending on how complex the issues are.

Gathering Testimony and Expert Reports

This phase often includes depositions and expert evaluations to help explain what happened and how it affected you. Under California Code of Civil Procedure § 2025.220, these depositions follow a formal process, and expert reports may focus on things like fault or medical impact.

Final Motions and Trial Preparation

Before trial, both sides may file motions to settle legal questions and limit what the jury will see. One key rule, California Evidence Code § 1151, keeps settlement talks out of trial so jurors stay focused on the facts. This is also when lawyers prep exhibits, line up witnesses, and map out the final trial strategy.

To discuss your case with a licensed attorney, schedule a free consultation today.