I often have clients who want to settle their cases quickly without having to get too deeply involved in their case. I understand this, as most of my clients are hardworking, busy professionals who do not have time to stress about their personal injury case. However, in some instances, it is not possible to quickly settle the case. This is either because the client has not finished all medical treatment related to the accident prior to California’s two year statute of limitations, or because the insurance company simply won’t make a reasonable offer. Before jumping into litigation, the client needs to know what is involved in the litigation of a personal injury case like a bicycle, motorcycle, pedestrian, car, Uber accident or wrongful death case. I pride myself on being a top-notch California personal injury lawyer who educates and informs her clients throughout the process of their case. There are several phases of litigation of a personal injury case.

FILE THE LAWSUIT:

So, I explain that litigation starts by filing a lawsuit against the third party. This would entail filing the complaint with the court in the county in which the accident happened. Then, we personally serve (by way of a professional process server) the 3rd party with the summons and complaint. The 3rd party will then pass the complaint (lawsuit) along to their insurance company. The insurance company will hire an attorney to defend the 3rd party. The 3rd party (referred to as “defendant” in litigation) has 30 days from the day they were served with the complaint to file an answer to the complaint with the court.

THE DISCOVERY PROCESS:

Soon thereafter, both parties (my client will be known as the “plaintiff” in litigation) will request and exchange information in a process called “discovery.” This involves numerous written questions (called “interrogatories”) that are propounded by each side and answered by each side. In addition to these questions, both sides will also demand and exchange all relevant documents in the case, including any documents related to the accident, the scene of the accident, how the accident occurred, treatment for injuries, documents related to loss of earnings, etc. After all of these questions and documents are exchanged, the parties will take each other’s depositions. This is where one party is questioned by the opposing attorney to get more information about the case. Witnesses to the accident and/or my client’s injuries may also be deposed. Also, at some point, we will have to hire experts to support the case. These experts can relate to the liability for the accident, causation of the injuries or seriousness of the injuries. These experts are costly, but the other side will almost always have experts to dispute our case, so hiring costly experts is typically a necessary evil of litigation. Those experts will give their deposition testimony before trial and then will testify at trial.

TRIAL:

The very last event in the litigation of a personal injury case is trial. Trial will likely take place about 12-18 months after the lawsuit is filed. There is no guaranteed result at trial. The decision is in the hands of the jury and they can come back with a very favorable verdict for a large sum of money for the plaintiff, or they can come back with a defense verdict which means the plaintiff receives nothing. Only a very small percentage of cases make it to trial, but many cases go through litigation before being settled.

Accident Client

"Last March, my partner was struck by a vehicle while crossing the street. During this difficult time of healing, we knew that bills were going to pile up and his was going to be a long process. After looking at multiple law firms, we knew that Sally Morin Personal Injury Lawyers was going to be the best place to work with. Lauren and her team were patient, supportive and caring during his difficult time. His schedule was always busy with work and doctor appointments that his main source of communication was through email. Lauren and her team made it to where he didn't have to worry about anything but just sending over the paper work he got from the hospital, and other bill collectors involving his incident and they worried about the rest.

Because of all their help my partner Aaron, was able to heal with less worries on his shoulders. By end of December, everything was settled and we were pleased with the results. I'd like to give a huge thank you to Lauren & the Sally Morin team. If you're looking for a law firm for your incident, I'd definitely look at this law firm."

We're here to help with your Personal Injury claim

Check out our Personal Injury FAQ Page to learn more about how the process works.

We Handle Your Personal Injury Accident Claim So You Can Focus on Your Life

After an injury, contact the attorneys at Sally Morin Personal Injury Lawyers. We handle many areas of the law, including pedestrian and car accidents that involve speeding. We believe you should be able to focus on recovering while we handle the legal details.

We truly care about the people of San Jose and all of California. Contact us today for a

KNOW HOW TO PROTECT YOURSELF AFTER AN ACCIDENT

It is essential to know your rights after a traffic accident so you can protect yourself and the value of your claim.
This guide will help you:

  • 1Know what to do when dealing with insurance claims, police reports and lawyers.
  • 2Avoid making mistakes that undermine the value of your claim
  • 3Put yourself in a position to get the best settlement possible