Personal Injury Lawsuits, Litigation, and Trials
It happens. You were injured. Someone else’s negligence, recklessness, or otherwise wrongful act caused the injury. So, what did you do? You filed your claim. Personal injury law is designed or intended to help victims become “whole” again after the injury. The personal injury claim, however, wasn’t adding up or getting anywhere and the expiration of the statute of limitations is nearing more quickly than you can imagine.
So, now what? Do you file a personal injury lawsuit? What does that mean exactly? Could it have a crippling effect on your recovery? What are your chances of getting a better settlement or compensation package?
It’s all so very exhausting when you are already reeling from a personal injury. Fortunately, if the claims process doesn’t prove successful for you, you do have another option: filing a lawsuit. Here’s what you need to know about personal injury lawsuits in California if you are thinking it may be your best option to fully recover damages the damages you are entitled to.
What is a California Personal Injury Lawsuit?
A personal injury lawsuit involves a civil complaint filed through the Superior Court to recover damages for an injury you suffered by the fault of another person or entity. The person filing the lawsuit is the petitioner or plaintiff, and the party against which the lawsuit is filed is the respondent or defendant.
Hundreds of thousands of lawsuits are filed yearly––so you would not be alone. According to the Judicial Council of California’s 2019 Court Statistics Report, during the fiscal year 2017-2018, there were:
- 444,146 limited civil cases filed statewide; and
- 221,090 unlimited civil cases filed, of which:
- 41,839 cases were motor vehicle personal injury, property damage, and wrongful death lawsuits; and
- 23,402 cases were “other” personal injury, property damage, and wrongful death lawsuits (e.g., premises liability, defective products, medical malpractice, etc.).
The difference between limited and unlimited is a monetary one. Injured parties seeking $25,000 or less are considered “limited” while victims seeking $25,000 or more are “unlimited.” If you are only seeking $10,000 or less in damages, then that would be considered a small claims matter. There are a few personal injury cases in this category, but when the damages are less than $10,000, they are almost always settled during the claims process. Plus, you should keep in mind that at the small claims level, you cannot be represented by counsel.
Also keep in mind that because you file a personal injury lawsuit, that doesn’t mean you’ll have your so-called “day in court.” Of the total number of unlimited civil cases (221,090) in 2018,
- 152,606 cases were disposed beforetrial; and
- 41,009 cases were disposed after trial.
Regarding the 444,146 limited civil cases in 2018, only 293,875 of those cases were disposed, and of that number:
- 277,233 cases were disposed before trial; and
- 16,642 cases were disposed after trial.
This means only just a little over 27% of unlimited civil cases and over 3% of limited civil cases went to trial. Now, there is a reason why more unlimited civil cases go to trial, and that’s because the stakes are higher and the cases tend to be more complex––especially in medical malpractice and defective product personal injury cases, which make up the bulk of all jury trials for personal injury civil cases.
Do You Need to File a Lawsuit in California for Personal Injuries?
The short answer: no. You do not need to file a personal injury lawsuit if:
- You can settle a personal injury claim to your satisfaction, which should mean the claim was fair and just; or
- The costs far outweigh the benefits of a lawsuit, which means your case is weak and the risks of expending unnecessary and costly resources are high.
Fortunately, in most cases, you will not need to file a lawsuit because most personal injury claims are settled during the claims process. If you and your attorney are not able to reach a just and fair settlement during the claims process, you may want to consider filing a personal injury lawsuit in Los Angeles if:
- The statute of limitations is almost up; and
- You have a viable, strong personal injury case with the evidence to support it.
According to the Bureau of Justice Statistics, nationwide most civil lawsuits involving personal injury matters include:
- Automobile accidents (60% of all personal injury civil cases);
- Premises liability involving inadequately maintained or dangerous property caused harm (17%);
- Medical malpractice (5%)
- Product liability (3%)
- Other, e.g., workplace accidents, animal attacks, dog bites, etc. (15%).
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Where is a California Personal Injury Lawsuit Filed?
Personal injury lawsuits must be filed in the correct venue, which will be the county where:
- The injury happened;
- The plaintiff lives;
- The defendant lives;
- Either plaintiff or the defendant has a principal place of business; or
- Most of the witnesses are located.
Typically, the lawsuit is filed where the injury occurred or where the plaintiff lives. If you suffered a personal injury in Los Angeles, your claim will be filed in one of two already-mentioned venues:
- Small claims court if the sum of damages is $10,000 or less; or
- County of Los Angeles Superior Court if the sum of damages is more than $10,000.
The procedures for either venue are strict and demanding, and have their own specifications.
Los Angeles Small Claims Court
Any personal injury claim can be filed here if the damages sought are equal to or less than $10,000. Here, you’ll have to file with the court clerk:
- nominal filing fees; and
- an SC-100 form (Plaintiff’s Claim and ORDER to Go to Small Claims Court).
Once filed, a trial date will be set. To the trial, you must bring:
- Photos and relevant documents;
- Medical records;
- Bills, receipts, invoices; and
- Other important evidence.
An attorney cannot represent you at small claims court, so you are on your own. But again, most personal injury claims with damages totaling less than $10,000 are usually settled during the claims process.
Los Angeles County Superior Court of California
Lawsuits filed for $10,000 or more in damages are more complicated cases that must be filed at the Superior Court in the County of Los Angeles. To start the process, you must file:
- Summons, which notifies the defendant that he, she, they, or it is being sued; and
- Complaint, which identifies your legal standing and outlines:
- the facts and circumstances of the injury
- the defendant’s liability; and
- the damages you seek.
Once the complaint is filed, the defendant must respond to it. Then, the bulk of the lawsuit proceedings will begin, which may include:
- Hearing
- Pleadings
- Discovery
- Trial preparations
- Trial.
Throughout the proceedings, your attorney will continue communicating and negotiating with the defendant’s attorney. Settlements can be reached at any time, and almost all cases are (as indicated above) settled prior to trial. That said, even during trial, a settlement can be reached.
Once the lawsuit is filed, the attorney won’t need much from you but the evidence you have (like W-2 statements, medical records, etc.). The most you have to do next is worry about your own recovery and let your attorney do the legal work.
What Mistakes to Avoid when Filing a Personal Injury Lawsuit in Los Angeles?
Filing a lawsuit is an important matter. You don’t want to make a mistake because that mistakes can be costly––financially, mentally, emotionally, and physically. Here are five commonly made mistakes you want to avoid:
1. Investigate. Investigate. Investigate even more than during the claims process. The claims process is one thing, but there’s no standard of proof. At the lawsuit level, you’ll have to prove your case by a preponderance of the evidence. This is particularly critical if the case does go to trial and if the defendant tries to argue you contributed to the accident. Many people assume the evidence and supporting documentation at the claims process will be enough, but it often isn’t.
2. Wait before you settle. A key strategy to get to a settlement is filing a lawsuit. With that said, you still want to make sure that the settlement is right. You must consider the long-term effects of your injury before you settle. Don’t jump at the first opportunity like so many victims want to do after filing a lawsuit; they get anxious and want the whole thing to be over, but a little persistence can render big results. Your attorney will know when the settlement offer is right.
3. Build a relationship with your attorney. Once you give your attorney the evidence, you can then focus on recovery, and that’s important. But you still want to build a relationship with your attorney. There should be trust and respect between you, which will nurture this relationship. And having a relationship means an investment––your attorney will become invested and committed to obtaining the best possible outcome for you.
4. Do not wait to file the lawsuit. Last-minute isn’t good enough. You need a little time to draft a smart, well-documented petition. Plus, you can’t afford to let the statute of limitations expire. Doing so means any lawsuit you file will be timely dismissed.
5. Know you can afford it. Most personal injury attorneys work on a contingency fee basis. That means you don’t pay anything to your attorney upfront because the attorney is paid only after obtaining payment for you. Once a settlement is reached or an award is ordered, the attorney will take out attorney fees and all costs associated with the lawsuit before you get your settlement funds.
With an experienced attorney advocating your rights and representing your interests, you can be confident the at-fault parties will be held accountable and you will be compensated.
Retain a Practiced, Strategic Personal Injury Attorney in Los Angeles Today
A personal injury lawyer in Los Angeles can compassionately and timely represent your personal injury lawsuit. Contact us today so that we can help you find a smart, strategic personal injury attorney who will strongly advocate your best interests before a judge and, possibly, a jury.
