A lawsuit begins a process, not an immediate trial
Filing a personal injury complaint starts litigation, but significant work may occur before a possible trial. Attorney Norman Gregory Fernandez explains the general stages in this video. The steps and timing depend on the claims, parties and court. This overview is a guide to understanding the process, rather than a schedule or a substitute for instructions in your own case.
Filing, service and the response
The complaint identifies the claims and requested relief. Proper service and the defendant’s response are important next steps. Court deadlines may apply throughout the case, and motions can affect how it proceeds. Keep counsel updated about addresses and documents that may identify the correct parties. Do not assume that opening an insurance claim has already started a lawsuit or satisfied a court requirement.
Discovery develops the evidence
During discovery the parties can seek information through written questions, document requests and depositions. Other discovery procedures may apply depending on the case. Gather requested records carefully, preserve relevant electronic information and tell your attorney when something is missing or uncertain. A response must be accurate; copying an assumption from an earlier form can create problems later. Ask counsel how to handle confidential material before sharing it.
Depositions and expert work require preparation
A deposition involves testimony under oath. Your attorney can explain the procedure and help you review relevant information without scripting an untrue account. Some cases also require expert investigation or testimony concerning responsibility, medical issues or losses. These tasks can involve expense and scheduling. Ask what participation is needed from you and promptly report changes in treatment or work that may affect the evidence.
Resolution may occur before trial
Settlement discussions can continue during litigation, including through mediation. Counsel should explain proposed terms, risks and financial deductions so you can make an informed decision. If the case remains unresolved, the parties prepare for trial, subject to the court’s procedures and schedule. The California Courts’ civil lawsuit resources describe the general process, but your attorney’s case-specific instructions should guide your participation.
General information, not legal advice. Viewing this article does not create an attorney-client relationship. Outcomes and applicable requirements depend on the facts.
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