Civil litigation plays a role in many California personal injury cases, especially when they are contentious, and agreements with insurance companies cannot be made. If you’re contemplating filing a personal injury claim or are currently going through the process, you may be wondering, “Do I personally have to go to court in a personal injury lawsuit in California?”
The simple answer to this question is that personal injury victims must only appear in court if their case moves forward to litigation. Understanding when litigation is required and what that requires of you during a personal injury case is crucial to ensure you retain proper legal support for these proceedings.
How Are Personal Injury Cases Settled in California?
In 2023, the United States saw over 62 million reported injuries that were preventable or accidental. These statistics demonstrate the sheer prevalence of personal injuries across the country.
In California, a victim filing a personal injury claim will work with a lawyer to calculate and request damages, negotiate with insurers, and settle their claim. Generally, most personal injury claims throughout the state are settled in negotiations outside of the courtroom. Your lawyer can work to maximize your compensation, fight deceitful tactics used by insurers, and ensure you receive a fair settlement.
In some cases, however, insurers may not make fair offers to victims, or victims believe they are entitled to more. If offers and counteroffers continue to be denied, your case will have to move to litigation. Litigation is the process of taking a personal injury claim to trial, where arguments can be presented to a judge. Your local judge will then make the final decision on your settlement.
How Does Litigation Work in a California Personal Injury Case?
If insurance companies and your legal counsel cannot come to a fair agreement through negotiations outside of the courtroom, your case will have to go through litigation. When this occurs, your claim must be heard in front of a state or federal court. If this occurs, then the personal injury attorney representing the plaintiff will file a civil complaint on their client’s behalf. Once this document is filed, it must be served on the defendant with a summons.
Personal injury cases that enter litigation in California may take much longer to settle than claims that are negotiated outside of court. Litigation is a lengthy process, where both the victim and the defendant take turns presenting their arguments with the help of a lawyer to a California judge. If your personal injury case requires litigation, it’s crucial that you hire a lawyer who can protect your rights and advocate for the compensation you deserve.
Once a defendant has been served and responds to the summons, the discovery process will begin. During this time, both parties and their legal counsel will collect evidence, identify witnesses, request information from the opposite party, and work to build a case that demonstrates why a judge should rule in their favor. Your lawyer can help to build a powerful argument that works to maximize your compensation and secure justice.
Hire a Personal Injury Lawyer and Secure Compensation Today
When you work with Guenard & Bozarth, you can trust that a dedicated Sacramento personal injury attorney can listen to your story, build a powerful claim on your behalf, and fight for the compensation you need to heal. If your case goes through litigation, you can benefit immensely from our team’s insight into local courtroom operations and comprehensive knowledge of personal injury law.
FAQs
Q: Do All Personal Injury Claims Go Through Litigation in California?
A: A personal injury claim only moves to litigation if a plaintiff and their legal counsel cannot come to a fair agreement with the defendant or an insurance company. While most personal injury claims are negotiated and settled outside of court in California, some cases must go through litigation where a judge makes the final decision on whether compensation is awarded. It’s important to work with an attorney who can help you navigate various legal proceedings.
Q: How Long Do Personal Injury Cases Take to Settle in California?
A: Because personal injury cases can vary immensely due to their severity and the liability complexities involved, a claim could take anywhere from a few months to multiple years to settle. Whether or not your case requires litigation will impact how long it takes to settle, as litigation can lengthen a case by months. An experienced personal injury lawyer can work with you to streamline your case and help you avoid unnecessary delays.
Q: How Can a California Personal Injury Lawyer Help Me During Litigation?
A: Litigation is a complex legal process that requires personal injury victims to have fierce representation. Otherwise, you may risk losing your claim or receiving a low settlement. An experienced personal injury lawyer can leverage their extensive legal knowledge, negotiation skills, and litigation experience to fight insurance companies trying to dismiss your claim. They can also protect your rights and work to maximize your compensation.
Q: How Much Is the Average Personal Injury Settlement in California?
A: No average personal injury settlement amount in California exists due to the wide variability between personal injury cases. Cases involving serious bodily injury, such as spinal cord injuries or traumatic brain injuries, may settle for higher amounts, whereas cases with milder injuries may have smaller settlements. The medical expenses associated with the victim’s treatment are also a significant factor in personal injury case settlement amounts.
Reach Out to Guenard & Bozarth Today to Schedule a Consultation
The passionate personal injury attorneys at Guenard & Bozarth have the legal knowledge and experience needed to represent victims fiercely throughout litigation. We understand how stressful navigating legal issues can be while you’re trying to recover from an injury, which is why we work tirelessly to fight for the compensation you rightfully deserve. Our team of litigators is comfortable working both in and out of the courtroom.
Contact the team at Guenard & Bozarth today to schedule a consultation and learn more about our trusted personal injury services in California.