Understanding the personal injury lawsuit process in California

​Whether or not you should file a lawsuit in your personal injury cases depends on many factors.  However, if your case is solid, and if there is a strong likelihood a jury would return a verdict well in excess of your costs/fees, it might make sense to file.  In California, a personal injury lawsuit typically goes through several phases, including:

1. Pre-filing: The injured party (claimant) may consult with a lawyer to evaluate his/her case and determine whether to file a lawsuit. If they decide to file a lawsuit, the attorney will draft a complaint and file it with the court.  There are filing fees involved depending on a variety of factors.  Ideally, if you can, try to settle your case before filing a lawsuit if it makes sense.
2. Discovery: This phase involves both sides to the lawsuit gathering evidence through various means - typically, depositions, interrogatories, and requests for documents. Both parties exchange information to build their cases.  If you have residual injury from your accident, the other party might ask that you be examined by their own doctor.  
3. Pre-trial: This phase may include arbitration, mediation, and informal settlement negotiations. The goal is to resolve the case before it goes to trial, but if a settlement cannot be reached, the case proceeds to trial.  If you settle the case prior to trial, you have some control over the outcome.  Otherwise, you are often leaving the decision to 12 jurors who don't know you from Adam.  Some may even resent you for bringing the claim if they don't think it's worthy.  Many jurors have given up a week or more of their lives.  If they feel your claim is modest, they may take it out on you and your lawyer with a lousy verdict. 
4. Trial: During the trial, each party presents their case to a judge or jury, and the decision is made based on the evidence presented.  While your lawyer will do his/her best, there is no controlling what a judge or jury will do.  Some jurisdictions are notoriously stingy when it comes to awarding money in injury cases.  
5. Post-trial: This phase involves appeals, if either party disagrees with the verdict.

Some strategies that may be effective in a personal injury lawsuit include:

1. Gathering strong compelling evidence, including medical records, helpfull witnesses, and expert opinions.
2. Hiring an experienced attorney who specializes in personal injury cases.
3. Documenting everything related to the injury, including medical bills, lost wages, and pain and suffering.  If something is not mentioned in your medical records or otherwise documented, it's as if it never happened.  
4. Keep things civil with the other party and/or their insurance company.  Sometimes, taking a very antagonistic position can backfire. 

Remember that filing a lawsuit should not be taken lightly.  If things do go well, you may be on the hook for significant costs and fees.  While your lawyer may choose to advance the costs in order to present your case, those costs are usually deducted from the verdict.