What Happens After You File a Personal Injury Lawsuit in California

Filing a lawsuit is a big step. If you’ve been hurt in a car crash, slip and fall, or workplace accident, starting a personal injury case means you are standing up for yourself and asking for justice. But after the paperwork is filed, many people feel lost and wonder what comes next.

In California, the legal system follows a specific process that every civil case must go through. While it may seem slow or complicated, there’s a clear order and reason behind each step. Understanding this process can help you feel more confident and prepared as your case moves forward.

This article explains, in plain language, what happens after you file a personal injury lawsuit in California — from the first filing to trial and beyond.

1. Filing the Complaint: How a Lawsuit Begins

Every lawsuit starts with a legal document called a Complaint. This is your attorney’s formal statement to the court about what happened and who is responsible.

The Complaint includes:

• The names of the people or companies you are suing (the “defendants”).
• A summary of how the incident occurred — for example, a car accident caused by a distracted driver or a fall caused by a store’s wet floor.
• A description of your injuries and losses.
• A request for damages — the money you are asking the defendant to pay.

The Complaint is filed in California Superior Court, which is the court that handles civil cases like personal injury, medical malpractice, and wrongful death. Your attorney will choose the correct county — usually where the accident happened or where the defendant lives or does business.

Once the Complaint is filed, the court assigns a case number and a judge. Your case is now officially active.

2. Serving the Defendant: Official Notice of the Lawsuit

After filing, your lawyer must ensure that the defendant is properly served. “Service” means giving the defendant a copy of the Complaint and a court summons. This is not something you do yourself — it must be done by a neutral third party such as a process server or sheriff.

This step is crucial because it guarantees that the defendant knows they are being sued and gives them a chance to respond.

Once served, the defendant has 30 days to respond. There are several possible responses:

• Answer: The defendant admits or denies the allegations in your Complaint.
• Demurrer: The defendant claims your lawsuit is legally defective even if your facts are true.
• Motion to Strike: The defendant asks the judge to remove certain parts of your Complaint.
• No Response: If the defendant ignores the lawsuit, your attorney can request a default judgment, meaning you could win automatically.

Service of process is the first sign to the defendant that your case is serious. It also sets the timeline for the rest of the lawsuit in motion.

3. Discovery: Exchanging Information and Evidence

Once the defendant has answered, the case moves into discovery — the stage where both sides gather information and exchange evidence. Discovery is often the longest part of a lawsuit, but it’s also the most important.

Discovery allows both sides to understand the facts of the case, identify key witnesses, and evaluate the strength of each side’s arguments.

Common discovery tools include:

• Form Interrogatories: Written questions that each side must answer under oath.
• Requests for Production: Demands for documents like medical records, accident photos, and insurance policies.
• Requests for Admission: Yes-or-no questions that help narrow the issues in dispute.
• Depositions: In-person interviews where witnesses, doctors, and parties answer questions under oath before a court reporter.

In personal injury cases, the defense will often request copies of your medical records, employment records, and prior injury history. Your attorney will help you review and respond to these requests properly.

Discovery also includes the disclosure of expert witnesses — such as doctors, engineers, or accident reconstruction specialists — who can testify at trial about how the injury happened or how it affects your life.

While discovery may seem tedious, it’s a critical step. It gives your attorney the evidence needed to build your strongest case for settlement or trial.

4. Motions: Asking the Court to Decide Key Issues

During discovery, either party may file motions. A motion is a formal request asking the judge to make a ruling on a specific issue before trial.

Some common motions in California personal injury cases include:

• Motion to Compel Discovery: When one side refuses to share evidence, the other can ask the court to order compliance.
• Motion for Summary Judgment: The defendant may argue that even if everything you say is true, the law doesn’t allow you to win. If granted, the case can end before trial.
• Motions in Limine: Filed just before trial to exclude or limit certain evidence.

Motions can be used strategically — for example, to narrow the issues, pressure the other side to settle, or clarify unclear facts. Your lawyer will handle these steps and keep you informed of any rulings or hearings.

5. Settlement Negotiations and Mediation: Finding Common Ground

The majority of personal injury cases settle before trial. Settlement can occur at almost any stage — sometimes right after filing, sometimes just before trial.

Settlement discussions often begin once both sides have completed discovery and understand the strengths and weaknesses of their positions.

There are several ways a case may settle:

• Informal Negotiation: The attorneys communicate directly to agree on an amount.
• Mediation: A neutral third party (the mediator) helps both sides reach a compromise.
• Court-Ordered Settlement Conference: Many California judges require the parties to attend a settlement meeting before trial.

Mediation is common in personal injury cases because it allows for creative solutions. The mediator doesn’t decide the outcome but helps the parties find a number that works for both sides.

Your lawyer’s role during settlement is to advocate for full and fair compensation. That includes the value of your medical bills, lost income, pain and suffering, and any future care needs. Your attorney may also work to reduce medical liens and insurance reimbursements so that you receive more of the final settlement amount.

If the defendant makes a low offer, your lawyer may recommend continuing toward trial — but all settlement decisions are ultimately yours to make.

6. Pre-Trial Preparation: Getting Ready for Court

If no settlement is reached, the case moves into pre-trial preparation. This phase is about getting organized and ready for the courtroom.

Both sides must:

• Exchange witness lists and exhibit lists.
• Finalize expert reports.
• File pre-trial motions (often called motions in limine).
• Attend a final status conference, where the judge confirms that everyone is ready.

Your attorney will also prepare your testimony, exhibits, and demonstrative evidence (such as photos, timelines, or medical illustrations).

California courts often schedule trial readiness conferences to ensure the case can proceed smoothly. During this time, many cases still settle because both parties now fully understand what trial will involve.

7. Trial: Presenting Your Case to a Jury

If the case does not settle, it goes to trial. Trials can last anywhere from a few days to several weeks, depending on complexity.

A California civil trial typically unfolds in these stages:

1. Jury Selection (Voir Dire): The judge and attorneys question potential jurors to ensure fairness and impartiality.
2. Opening Statements: Each attorney explains what the evidence will show.
3. Plaintiff’s Case: Your attorney presents evidence, witnesses, and experts to prove that the defendant was negligent and caused your injuries.
4. Defense Case: The defense presents its own witnesses and evidence.
5. Closing Arguments: Both sides summarize their cases and ask the jury for a verdict.
6. Jury Deliberation and Verdict: The jury decides who is responsible and how much compensation should be awarded.

If you win, the court will issue a judgment in your favor. The defendant may owe you money for damages, court costs, and possibly interest from the date of the verdict.

Trials are the most public and unpredictable part of the process, but they also give injury victims a chance to tell their story and seek justice before a jury of their peers.

8. After the Verdict: What Happens Next

Even after trial, your case might not end immediately. If you win, your attorney will work to collect the judgment from the defendant or their insurance company.

Sometimes, the defense will file post-trial motions or an appeal, asking a higher court to review the outcome. Appeals can take several months or even years, but many cases still resolve through settlement during that period.

If the defendant’s insurance company agrees to pay, your lawyer will make sure liens and costs are resolved and then distribute your net recovery to you.

If you lose, your attorney can discuss options for appeal or potential post-judgment negotiation.

9. How Long Does the Process Take?

Personal injury lawsuits in California usually take one to three years from start to finish, though complex cases can take longer.
Here’s a rough timeline:

• Filing and service: 1–3 months
• Discovery: 6–12 months
• Settlement discussions and mediation: Ongoing
• Pre-trial motions and prep: 3–6 months
• Trial and post-trial matters: several weeks to several months

Delays can occur due to crowded court schedules, expert availability, or continued settlement discussions.
While it can feel slow, the process is designed to ensure fairness and give both sides time to gather evidence and prepare.

10. Tips for Clients During a Lawsuit

• Stay in communication with your lawyer. Update them on medical treatment or address changes.
• Follow your doctor’s orders and keep all appointments.
• Be patient. Court cases take time, but every step moves you closer to resolution.
• Avoid posting details about your case or injuries on social media.
• Keep records. Save medical bills, photos, and notes about how the injury affects your daily life.

Your active participation helps your lawyer present the best case possible and can improve your chances of a favorable settlement or verdict.

Key Takeaways

• Filing the Complaint starts the lawsuit.
• The defendant must be served before the case can proceed.
• Discovery is where both sides exchange information and evidence.
• Motions help resolve issues before trial.
• Most cases settle through negotiation or mediation.
• If not, the case proceeds to trial and possibly appeal.
• The process can take up to three years but is designed for fairness and transparency.

Talk to a California Personal Injury Lawyer

Filing a lawsuit can be intimidating, but it’s often the only way to recover the compensation you deserve.
At Anderson Franco Law, we guide injured clients through every stage — from filing and discovery to settlement and trial.

We understand how stressful this process can feel, especially when you’re trying to heal. Our job is to handle the legal fight while you focus on recovery.

If you’ve been injured in California and are considering filing a lawsuit, contact us today for a free consultation. We’ll explain your rights, review your case, and help you understand what to expect.

Let our team fight for your justice — step by step.