What to expect in a personal injury trial in California.

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In California, as in most states, there are phases to filing a suit and the trial process. Once you have decided to hire an attorney to assist you in your claim, an Information Gathering phase will begin. Attorneys and experts with investigate the facts and intricacies of your injury, the circumstances, take witness statements, etc. Your attorney will usually send forms to relevant people involved in order to gather information surrounding the claim.

The Negotiation phase usually is the next stage of the process in a personal injury claim. Personal Injury matters rarely reach the stage of trial and most are settled in the earlier stages. This usually occurs when the client has reached maximum medical health or treatments are concluded. Your attorney will use the information gathered to present an offer package to the insurance agency, and their responses will be communicated to the client through the attorney. Attorneys will advise you of their opinions regarding acceptance, counter-offers or rejections, but the decision is ultimately the client’s. Negotiations conclude when the matter is settled or a verdict is reached.

Some personal injury matters may come to litigation, which begins when the client is not satisfied with the settlement they are offered. Litigation may be handled either in court or through arbitration. Arbitration is a form of litigation that is handled in front of a neutral court appointed third party.

Other California Personal Injury FAQs

Q: I was injured. Can I file a lawsuit in California against the party that caused my injury?
A: You can make a claim against another party if they are at fault for your injuries. In general, when a person is injured as a result of another person's … More
Q: How will my personal injury claim be processed in California?
A: A large majority of personal injury claims settle before reaching the litigation process. If the person who caused your injury has insurance, an insurance adjuster … More
Q: Under California law, who is responsible when a person is injured?
A: The law of personal injury concerns the determination of who may be responsible for your injuries and how much they should be required to pay for your damages. … More
Q: How do I decide if I need to hire a Personal Injury Attorney in California?
A: An attorney may or may not be necessary depending on the amount of injury that occurred and the complexity of the claim. California law states that a claim cannot be … More
Q: How much will a Personal Injury Attorney cost in California?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: How long do I have to hire a Personal Injury Attorney in California?
A: The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is … More
Q: How can I determine how much my personal injury claim is worth in California?
A: If you have been injured in California and wish to bring a claim against the person or company responsible for that injury you can usually expect monetary … More
Q: How do I choose an injury lawyer in California?
A: Usually the more serious your injury is, the more important it is to retain an attorney to assist you in your personal injury claim. Smaller injuries can sometimes be … More
Q: Under California law, can I include medical bills in my injury claim?
A: Yes. Your medical bills are a significant factor when assessing how much you are awarded if your claim is successful. Your medical bills are a reflection of your … More
Q: What is the collateral source rule and how does it affect my personal injury case in California?
A: California is a state that abides by the collateral source rule, although not all states adopt the rule. The collateral source rule in California states that when you … More