Hiring a personal injury lawyer can help you get answers to a wide variety of questions, including “How do I know if I even have a personal injury case?” and “Once you’ve filed a personal injury case in California, what is the process from filing to completion?”
When filing a personal injury case in California, it is common for individuals not to know what the process is from filing to completion. It already took so much time, research, and energy just to get the claim submitted that you may find it difficult to imagine what comes next.
Personal injuries are one of the most common and dangerous kinds of cases in the nation. Roughly 86% of accidental deaths were caused by poisoning, car accidents, and falls. California alone had an average of 63.26 fatal injuries per 100,000 people in 2023.
Once you have filed a personal injury claim, here is what typically follows:
The Discovery Phase
Once you have filed a personal injury claim and all other involved parties have been served, the discovery phase comes next. This is typically the longest step, and it mainly centers around both parties exchanging information. Here are some of the other things that typically occur during this stage:
- Interrogatories. This part of the investigation is carried out by submitting written questions to be answered under oath. Lying during these questionnaires may be considered an act of perjury.
- Requests for production. Both sides may submit requests for a wide variety of documents, including police reports, medical records, photos, and more. This allows them to build their respective cases utilizing shared evidence.
- Depositions. Depositions involve in-person testimonies delivered under oath. The individuals called to testify may be witnesses, professionals, and/or members of either party.
- Independent medical examinations. If they so desire, the defense may require the plaintiff to see a doctor of their choosing to verify the validity of the claim.
Mediation and Negotiating a Settlement
Once the discovery phase has reached its conclusion, the next step is mediation, where the two parties can begin working toward a settlement. This usually involves the following:
- Settlement discussions. Now that both parties have gathered, shared, and examined the necessary evidence, they can begin negotiating a settlement. These negotiations can start at any time in the process, but it usually helps to wait until both sides are done with the discovery phase.
- Mediation services. Should the need arise, a neutral third-party representative can help both sides reach a settlement instead of going to trial.
- An agreed-upon settlement. Once a settlement is reached, the plaintiff signs a release of liability, and the defendant is required to send them the agreed-upon payment through their insurance company.
Trial and Final Resolutions
If the parties are incapable of reaching a settlement, the case may go to trial. This can look similar to the deposition stage of the discovery phase, where both sides can present their respective evidence, witnesses can be called to testify, and, finally, a judge or a jury can determine liability and the subsequent damages.
Both sides are legally allowed to file an appeal should they be displeased with the final result, but a judgment must be entered when the case closes.
Hire a Personal Injury Lawyer
When you choose to hire a personal injury lawyer, you can pursue the compensation you rightfully deserve. The added help of a Sacramento personal injury attorney can prove to be instrumental in achieving your desired outcomes, as well as finding the peace of mind you need to move forward with your life. You deserve justice, and the right lawyer can help you pursue it.
FAQs
Q: Does My Sacramento Personal Injury Case Have to Go to Trial?
A: Not every personal injury claim takes place in a courtroom, but if your case ends up requiring the outside assistance of the California civil court system, it is likely to be heard at the Gordon D. Schaber Sacramento County Courthouse, located on 9th Street. Your lawyer can help you prepare and deliver your case, as well as understand what to expect moving forward.
Q: How Long Do Personal Injury Cases Take to Settle in California?
A: In the state of California, the duration of a personal injury claim often differs on a case-by-case basis. There are several outside factors that may prove influential on the overall timeline of your case, including its complexity, the schedule of the other involved parties, and, should the need arise, the availability of your local courthouse. Additionally, whether you have the support of a personal injury lawyer may prove impactful.
Q: Can I Represent Myself in My Personal Injury Case in California?
A: Yes, you are legally allowed to represent yourself in a personal injury case in California, but many individuals have found that hiring a personal injury lawyer to do so on their behalf can influence the outcome of the case. This is, in part, due to the clarity that your lawyer can provide, as well as the tools and resources they can have at their disposal, which, when you enlist their help, can also be at your disposal.
Q: How Much Does It Cost to Hire a Personal Injury Lawyer in California?
A: Similar to the amount of time a personal injury case takes to be resolved, the cost of hiring a personal injury lawyer typically varies case by case in the state of California. This is mostly due to the unique influence that several different variables often have over your final price, such as who you hire to represent you, how long your case takes, and the level of complexity that your case presents.
Choose Guenard & Bozarth, LLP to Help You
At Guenard & Bozarth, LLP, we are dedicated to helping those who have wrongfully suffered due to the negligence, violence, and recklessness of others. With over 60 years of combined experience, our legal team understands just how much is at stake for each of our clients.
Refusing to treat them like just a case number or a statistic, we tailor our approach to meet every individual’s needs. Come find out how, just like the many people who came to us before you, we can help you pursue the results you want and the justice you deserve.
Contact Guenard & Bozarth, LLP, today to schedule a consultation and discover how we can help you pursue compensation and justice for your suffering.