What to Expect During the Personal Injury Litigation Process
Suffering an injury due to someone else’s negligence is often a life-altering experience. Whether you were involved in a car accident, a slip and fall, or another type of incident, the emotional, physical, and financial toll can be overwhelming.
At the Law Offices of Sherry Anne Lear, we understand how confusing and stressful the legal process can be when you're trying to heal. If you are considering or have already begun a personal injury lawsuit, knowing what to expect during the litigation process can provide peace of mind and help you prepare.
We proudly serve clients in the Los Angeles area who have personal injury claims. We are committed to protecting your rights and guiding you through every stage of your case. Below is a comprehensive breakdown of the personal injury litigation process in California.
A Guide to Personal Injury Litigation
What is Personal Injury Litigation?
Personal injury litigation refers to the filing of a court action to obtain compensation (damages) as a result of the harm suffered due to the negligent or intentional acts of another person or company. While many personal injury claims are resolved without litigation, a fair amount of personal injury claims result in formal lawsuits when a fair settlement cannot be reached or the opposing side refuses to accept responsibility.
When is Litigation Necessary?
Litigation typically becomes necessary when:
The insurance company denies liability or refuses to make a reasonable settlement offer.
The at-fault party disputes the facts of the case.
The injuries sustained are severe and involve long-term or permanent disability, making the damages difficult to quantify.
The insurance carrier disputes the nature of the injuries claimed, the amount and type of medical treatment and/or the amount of the medical charges.
There are multiple parties involved, such as in auto accidents or product liability cases.
In these situations, pursuing a personal injury lawsuit is necessary to protect your rights to seek full compensation. In California, there is a two-year statute of limitation to bring a lawsuit for personal injury.
Initial Consultation and Case Evaluation
The first step in any personal injury claim begins with an initial consultation with your attorney. It is important that you seek a consultation early on after your accident.
During this meeting, we will review the facts of your case, assess potential liability, and determine whether your claims are viable. We will also review and discuss your medical records, accident reports, and other relevant documents. At the Law Offices of Sherry Anne Lear, we offer personalized attention to understand the unique circumstances of your situation.
Investigation and Evidence Gathering
This phase is critical in building a strong foundation for your claim. The following may be collected: police or incident reports, witness statements, surveillance footage or photographs, medical records and bills, and employment records documenting lost wages. Attorney Sherry Lear will also conduct a detailed interview about the accident, your injuries and medical treatment. It is important to get these details memorialized early as memories fade over time.
This detailed approach helps accurately document your claim which will become critical in the litigation process.
Filing the Complaint
If a settlement cannot be reached, we will proceed by filing a formal complaint with the court.
This document, known as a "complaint", outlines your allegations against the defendant, the legal basis for the lawsuit, and the damages being sought. Once the complaint is filed, the defendant is served with the legal documents and given a deadline to respond, typically 30 days in California.
The defendant typically files an answer denying the claims, or they may submit other legal motions. Regardless of how they respond, we will be prepared to move forward.
Discovery Phase
The discovery phase is often the longest and most detailed part of litigation.
During discovery, both sides exchange information and evidence relevant to the case. This helps make sure that each party has a clear understanding of the facts and allows for the resolution of disputes based on the merits of the case without the need to go to trial. At the Law Offices of Sherry Anne Lear, we serve the defendants with discovery demands in every personal injury case - many personal injury lawyers do not do this.
There are several key components of discovery:
Written Discovery
This includes interrogatories (written questions), requests for admission (asking the other party to admit or deny certain facts), and requests for production of documents (such as medical bills or insurance policies).
Depositions
Depositions are in-person interviews conducted under oath. Attorneys question the parties involved, as well as witnesses and experts. A deposition transcript is then prepared and can be used in court.
Independent Medical Examinations (IME)
In some cases, the defense may request that you undergo a medical examination by their chosen doctor to verify the extent of your injuries. We will prepare you thoroughly for this process to make sure your rights are protected and we always send a nurse or other professional to accompany you to the IME to document what has occurred there and make certain that nothing improper occurs.
Settlement Negotiations and Pre-Trial Motions
As discovery proceeds, the parties almost always participate in some sort of settlement negotiations. In fact, most personal injury cases are resolved before going to trial. Settlement attorney may participate in:
Informal negotiations with the opposing counsel. To facilitate this, our office will work closely with you to prepare a detailed settlement demand which does more than just recite what is in your medical records but explains how your injuries limited you or changed your day to day life activities.
Mediation sessions where a neutral third party who helps facilitate a settlement.
Settlement conferences which are supervised by a Judge at the court.
If a fair settlement offer is presented, we will advise you of your options and help you make an informed decision. If not, we are fully prepared to go to trial.
The Court will set a Trial Date as part of the litigation process. If settlement is not reached, then both parties may file pre-trial motions. These motions can address various legal issues, such as requests to exclude evidence or to decide parts of the case before trial. We use this time to evaluate the strengths and weaknesses of the case and strategize accordingly.
Trial
If the case proceeds to trial, it will be heard in front of a judge or jury.
The trial process typically includes the following stages:
If the trial involves a jury, jury selection will take place first, where attorneys from both sides choose impartial jurors to hear the case.
Both parties then present their opening statements, outlining the facts they intend to prove at trial.
The plaintiff and defendant each present evidence and call witnesses to support their claims. The plaintiff's part of the case goes first. then the defendant and then the plaintiff will get to put on rebuttal evidence.
After all evidence has been presented, both sides deliver their closing arguments to summarize their positions.
The Court will give the jury instructions, the jury then deliberates and ultimately renders a verdict based on the evidence and the judge’s instructions.
Trials can last anywhere from a few days to several weeks, depending on the nature of the case. At the Law Offices of Sherry Anne Lear, we are experienced litigators who advocate fiercely for our clients in the courtroom.
While trials can be unpredictable, they can also offer the opportunity for full and fair compensation when other avenues have failed.
Compensation You May Be Entitled To
A successful personal injury lawsuit will result in an award of damages, which are broken down to economic and non-economic damages.
Economic damages provide compensation for medical bills, both current and future, lost income, reduced earning capacity and property damage (in cases involving motor vehicles or personal belongings). Non-economic damages are harder to quantify and include pain and suffering, emotional distress, and loss of enjoyment of life. In rare cases, a plaintiff may receive punitive damages, where the defendant’s conduct was especially egregious.
How Long Does Personal Injury Litigation Take?
One of the most common questions we hear is, “How long will my case take?”
While there is no one-size-fits-all answer, most personal injury litigation cases can take anywhere from several months to a few years to resolve, depending on factors such as:
The nature of the case.
The willingness of the other party to settle.
The severity of your injuries and how long it takes you to reach maximum medical improvement.
The court’s schedule and backlog.
We understand that time is of the essence when you are dealing with medical bills and lost income. That’s why we are committed to resolving your case as efficiently as possible while pursuing the compensation you deserve.
Tips for Going Through the Litigation Process
Litigation can be emotionally and mentally taxing. Here are a few tips to help you through the journey:
Stay organized: Keep records of all medical appointments, receipts, and correspondence related to your case. Keep a pain journal and document day to day the effects of the accident and your injuries.
Be honest with your attorney: Full transparency allows us to anticipate challenges and protect your interests.
Avoid discussing your case publicly: This includes posts on social media, which can be used against you.
Be patient and trust the process: Your attorney is working diligently to build the strongest case possible.
We are here to support you every step of the way. We will provide you updates throughout the process and will ask that you do the same. If you ever have a question, Sherry Lear will respond to you directly because she takes a hands on approach to all of her clients.
Schedule a Consultation Today
The sooner you speak with an attorney, the better your chances of preserving key evidence and securing maximum compensation for a personal injury litigation. We serve clients in Torrance, Los Angeles, Long Beach, San Pedro, and Redondo Beach. Let us handle the legal burden so you can focus on your recovery. Contact the Law Offices of Sherry Anne Lear today to schedule a free consultation