How To File a Personal Injury Lawsuit in Los Angeles

Our personal injury attorneys explain the lawsuit process in California

A simple slip could lead to a complex situation. Picture this: You're walking through a grocery store, unaware of the danger ahead, when suddenly, you slip and fall on an unmarked wet floor. The result? A serious injury, such as a broken wrist, not only prevents you from working but also piles up medical bills. In moments like these, pursuing a personal injury claim or a lawsuit is critical. It's not just about managing your medical expenses or compensating for lost wages; it's also about addressing negligence to prevent similar incidents from happening to others.

When you've been injured due to someone else's negligence in the San Fernando Valley, Los Angeles, or elswhere in California, understanding the process of seeking compensation can help ensure your rights are protected and you don’t settle for less than you deserve.

This situation, though daunting, also presents an opportunity for individuals to understand their rights and fight for what's fair in a complex legal system. The experienced Los Angeles personal injury lawyers at Oaks Law Firm are committed to nurturing strong relationships with our clients and offering detailed guidance through the often complex process of filing an injury claim or lawsuit in California.

The following are common steps in the injury compensation process. It is general and may not apply in all situations. If you were injured in an accident, get information that is specific to your legal circumstances during a free case evaluation with a member of the Oaks Law Firm legal team. We are available to hear from you 24/7. If you were injured, call now!

Steps to file a personal injury claim or lawsuit in California

A personal injury case in California arises when one person suffers harm from an accident or injury due to the negligence of another person. Negligence is more or less defined as the failure to exercise the level of care that a reasonable person would under similar circumstances. Common causes for PI claims and lawsuits include car accidents, slip and fall incidents, workplace injuries, and swimming pool accidents.

Step 1. Consult a Los Angeles personal injury lawyer. After sustaining an injury, your first step should be to consult with a personal injury attorney. An initial consultation typically involves discussing the fundamentals of your case, which helps determine the viability of your claim. This step is critical. Trust an experienced attorney to offer strategic advice and will guide you on how best to document your injuries and gather the necessary evidence to build a strong case for maximum compensation.

Step 2. Investigation, documentation, and evidence collection. Gather all possible documentation related to your injury and the circumstances surrounding it. This might include medical records, witness statements, photos from the accident scene, and reports from law enforcement or other relevant entities. All these documents play an integral role in substantiating your claim. In the San Fernando Valley and the greater Los Angeles area, our personal injury lawyers conduct thorough case investigations that yield comprehensive evidence that can significantly influence the outcome of your injury claim.

Step 3. Filing the claim. Before initiating a lawsuit, most injured victims file a claim. When you file a claim, you're essentially notifying the at-fault party or their insurance company of the incident and your resulting injuries. This is your first attempt at recovering compensation for your losses without going to court – which can be more time-consuming and expensive than negotiating a settlement after a claim. Filing a claim promptly and accurately can be instrumental in ensuring that your rights are protected, and your recovery is made as fully as possible under the law. However, sometimes, no matter how obvious your rightful compensation may seem, insurance companies will stubbornly refuse to make a fair settlement offer. When that happens, you may consider filing a lawsuit.

Step 4. Filing the lawsuit. Once your lawyer has a clear picture of the incident and the damages, the next step is to file an official complaint against the parties responsible for your injuries. This complaint will state the facts of the case, the legal reasoning for holding the defendant liable, and the amount of damages you are seeking. In California, the statute of limitations for personal injury cases is generally two years from the date of the injury, so it's important to proceed promptly to avoid being barred from filing your claim.

Step 5. Discovery process. After the lawsuit is filed, the case moves into the discovery phase, where both parties exchange information through depositions, requests for documents, and interrogatories. This phase allows your attorney to gather further evidence and develop a robust argument for your compensation.

Step 6. Negotiation and settlement. Even when an injured victim must file a lawsuit in pursuit of fair compensation, most personal injury cases are settled out of court. Your attorney will engage with the defendant's representatives to negotiate a settlement that covers all your losses and damages. This might include medical expenses, loss of wages, pain and suffering, and any future medical treatments. A lawyer can leverage their negotiation skills to ensure a fair settlement that adequately compensates for your injuries.

Step 7. Trial. If a settlement cannot be reached, the case will proceed to trial. At trial, your lawyer will present your case, which includes opening and closing statements, presenting evidence, and examining witnesses. All the preparations and legal strategies cultivated over the months will be directed to convince a jury of the defendant's liability and your right to compensation.

Step 8. Award of damages. If the trial concludes in your favor, the court will issue a judgment awarding you damages. The compensation amount awarded will depend on the specifics of your case.

Contact our San Fernando Valley injury lawyers for a free case evaluation

Navigating the process of pursuing a personal injury lawsuit in Los Angeles requires sophisticated legal knowledge and a dedicated approach. At our law firm, we pride ourselves on our commitment to our clients and our thorough understanding of California personal injury law. If you have suffered an injury and believe another party is at fault, do not hesitate to reach out to us for a free evaluation of your case. Don't let the negligence of others disrupt your life without recourse. Contact our law firm today. We are available 24/7 to hear from you.