The Process of Filing a Personal Injury Lawsuit in California

An accident can happen unexpectedly. One moment, you’re going about your day, and the next, you’re facing an unexpected injury. Whether you’ve been hurt in a car accident, a slip and fall, or due to someone else’s negligence, the process of filing a lawsuit might seem like an insurmountable challenge. At Neale & Fhima, we get it—dealing with an injury is stressful enough without having to worry about complex legal procedures.

Filing a personal injury complaint in California can feel like a monumental task. But with the right support and guidance, you can navigate this process and receive the compensation you deserve. At Neale & Fhima, our California personal injury attorneys are dedicated to helping people just like you. We’ve walked this path many times before, and we’re committed to walking it with you now.

Initial Steps in a Personal Injury Claim

Filing a personal injury lawsuit in California can seem complex if you’re not familiar with the legal process. Here’s a guide to filing a personal injury complaint in California.

1. Consult a Personal Injury Lawyer

Personal injury law can be complex, making an experienced attorney invaluable. A good lawyer will evaluate your case, explain your options, and guide you on the best course of action. They can take the burden off your shoulders, allowing you to focus on recovery.

2. Investigation

Your lawyer will thoroughly investigate your claim. This involves gathering evidence like medical records, police reports, and witness statements. They might also work with accident reconstruction experts or medical experts to strengthen your case.

3. Filing a Personal Injury Complaint

Once your attorney has everything needed, they’ll file a complaint on your behalf. This document lays out your case, including who you believe is at fault and how much you’re claiming in damages.

4. Serving the Defendant

After the complaint is filed, the defendant must be served with a copy of the complaint along with a summons. The defendant then has a specific time frame to respond to the complaint.

5. The Discovery Phase of a Personal Injury Claim

This phase involves a deep dive into the details of the case, where both sides exchange information related to the lawsuit. Expect lots of documents, questions, and possibly depositions, where you might have to answer questions under oath.

6. Personal Injury Settlement Negotiations

Many personal injury cases settle out of court. Settlement can be quicker and less stressful than going to trial. Your lawyer will handle negotiations to try to get you a fair compensation amount. If both parties agree on a settlement, the lawsuit ends here.

7. Trial (If Necessary)

If a settlement isn’t possible, your case will go to trial. Trials can be lengthy and complex, with each side presenting evidence and arguments. Ultimately, a judge or jury will decide the outcome.

8. Post-Trial Procedures

If your case goes to trial, you’ll also need to consider the post-trial procedures. These involve post-trial motions, such as the motion for a new trial. This can occur if there is any misconduct, newly found evidence, or errors in law during the trial.

You may also need to file an appeal to the higher court if you aren’t happy with the outcome of the trial. These are just some of the procedures that can happen after trial.

Steps to Take Immediately After an Accident

If you’ve just been involved in an accident, it’s essential to take the right steps not only to ensure your safety but also to protect your legal rights. Here are the steps you should take immediately after an accident:

• Check for Injuries: Before anything else, make sure that you and anyone else involved in the accident are okay. If there are any injuries, call 911 immediately. Don’t try to move anyone who’s been injured unless there’s an immediate danger (like a fire), as this could potentially worsen their injuries.
• Seek Medical Attention: Even if you feel fine, it’s a good idea to see a doctor after an accident. Injuries from car accidents may become apparent only hours or days later. Plus, having a medical record on file can be important if you later decide to pursue a legal claim for your injuries.
• Call the Police: Even for minor accidents, a police report is essential. It is important for insurance claims and legal purposes. The officers will document the scene and can help determine who’s at fault in the accident.
• Exchange Information: Get the names, addresses, phone numbers, insurance information, and license plate numbers of all drivers involved. If there are witnesses, it’s helpful to get their contact information as well. Avoid discussing fault when talking with other drivers; stick to just exchanging information.
• Document the Scene: Take photos of the accident scene, including all vehicles involved, any visible damage, and any relevant road conditions or signs.
• Notify Your Insurance Company: Inform your insurance company about the accident as soon as possible. Be honest about the incident and the extent of your injuries. Many policies require immediate reporting and full cooperation.
• Avoid Admitting Fault: When talking to the other parties or the police, stick to the facts and avoid admitting fault or making statements that could be interpreted as accepting blame. Fault determination will be made later based on evidence and official reports.
• Consult with an Attorney: If the accident involves serious damage injuries or if the insurance settlement seems inadequate, consulting with a personal injury attorney might be advisable. They can provide guidance specific to your situation and help protect your rights.

Why Choose Neale & Fhima?

At Neale & Fhima, we aren’t just lawyers; we’re your advocates, guides, and partners throughout this challenging time. Here’s why you should choose us:

Valuable Experience

With decades of combined experience, our attorneys focus on in personal injury law. We’ve handled countless cases across California, giving us a deep understanding of the nuances and complexities of the legal system.

Expertise and Resources

Handling personal injury claims requires expertise and resources. From investigating the accident to negotiating with insurance companies or preparing for trial, we have the necessary resources to handle every aspect of your case effectively, ensuring you get the best possible outcome.

Proven Success History

Results matter, and our track record speaks for itself. We have successfully secured millions in compensation for our clients, helping them recover from their injuries and reclaim their lives. Our success stems from our meticulous preparation, aggressive negotiation skills, and unwavering dedication to achieving the best possible outcomes.

Direct Access to Your Lawyer

We believe in personal attention. When you choose Neale & Fhima, you get direct access to your attorney. This means you can have your questions answered and your concerns addressed promptly, ensuring you always know where your case stands.

Clear Communication

Legal processes can be confusing and overwhelming. We pride ourselves on clear, open communication. From Day One, we’ll keep you informed about the progress of your case, answer your questions, and provide the guidance you need to make informed decisions.

How We Can Help with Your Case

Building a strong case requires thorough investigation. We take the time to gather all pertinent details—this includes securing accident reports, medical records, witness statements, and, when necessary, working with experts who can support your claim.

We handle the paperwork. Legal processes involve a lot of paperwork, deadlines, and procedures. We take care of all of that for you so you can focus on your recovery.

We have built a network of resources, such as medical professionals, accident reconstruction experts, and other specialists, whom we can call upon to strengthen your case. Access to the right experts can be a game-changer in personal injury lawsuits, providing the critical evidence needed to support your claim.

Furthermore, insurance companies often try to minimize their payouts, but we don’t back down. Our lawyers are skilled negotiators who fight to get you the compensation you deserve. We handle all communications with the insurance companies so you can focus on your recovery.

Finally, we are known for our assertive approach in negotiations and our tenacity in the courtroom. We fight to secure the best possible outcome for you. Our goal is to ensure that you receive the maximum compensation you deserve, not just the first offer on the table.

Statute of Limitations for Personal Injury Claims

Accident victims with bodily injuries have two years from the date of the accident to file for damages. Failing to do so within this period may result in losing the right to compensation.

There are exceptions, when the statute of limitations can vary. It may be shortened if the government is at fault, or it could be extended under specific extenuating circumstances. If you hire a lawyer immediately after your accident, they will ensure that your claims are filed within the appropriate time frame.

Contact Our Personal Injury Lawyers at Neale & Fhima

Facing a personal injury is more than just dealing with legal procedures — it’s about navigating a life-altering event that can leave you feeling vulnerable and uncertain about the future. At Neale & Fhima, we believe that every individual deserves access to justice and the best legal representation. We know that this isn’t just about seeking compensation—it’s about restoring your peace of mind and securing your future.

We’re your advocates and partners in this journey, as well as being your legal representatives. When you choose to work with us, you’re gaining a supportive team dedicated to fighting for what you rightfully deserve.