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What is Litigation with respect to your California Personal Injury case?
Litigation begins when we prepare and file a lawsuit in your California Personal Injury case. (The Pleading stage)
Once we prepare and file a lawsuit against the person, persons, or the entity, (defendant) who is responsible for your personal injury, we have 60 days to serve the defendant with the lawsuit.
Once the defendant is served with your California Personal Injury lawsuit, they have 30 days to respond.
In 99% of the California Personal Injury cases we handle, the defendant either has insurance to cover the injury they caused to you, or they are self-insured.
The defendant once served, will turn their lawsuit over to their insurance company who will then either hire an attorney, or use an in-house attorney to defend the defendant in our personal injury case against them.
Litigation almost always involves Discovery, Mediation, and Trial.
Based upon our experience, 97% of all California Personal Injury cases will settle prior to actually having to go to trial.
Even though 97% of all California Personal Injury Cases settle before trial, it is very important to hire an attorney who actually does trials, and has trial experience.
You see the insurance companies know if they are dealing with a settlement mill, (a personal injury law firm that never goes to trial and always settles no matter how small the settlement is.) or a law firm like ours who files lawsuits and goes to trial when necessary.
If your case is one of the 3% of California Personal Injury cases that does go to trial, we will prepare you and we will go to trial.
Your case will either end with a settlement or a Judgment in litigation.