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Step by Step: Learn What is Involved in a Typical California Personal Injury Case

You may have suffered an injury as a result of another person’s negligence or recklessness. If this is the case, you may have grounds for filing a personal injury claim. Despite the fact that every case is different, there are four probable phases that the majority of instances may go through. Continue reading to find out more about them. To schedule a free legal consultation, call Law Offices of Fernando D. Vargas at 909-982-0707 or fill out our online contact form.

The summons and complaint are served on the defendant

If we determine that you have a case and that we will pursue it, the first step is to serve the defendant with a Summons and Complaint. It outlines the grounds for the suite and/or the reasons for which you are suing a person or organization for compensation for damages. There are several possible causes for this, including breach of contract, carelessness, product responsibility, and so on.

The document must be physically served by a person who is 18 years old or older and who is not a party to the action; in most circumstances, we will use the services of a licensed civil process server to fulfill this requirement.

The defendant has 30 days after being served with the Summons and Complaint to file a response to the summons and complaint. They can react with an Answer, in which they deny the accusations and identify defenses, or with a Motion, such as a Motion to Strike, in which they challenge the validity of the claim in question.

The Discovery process is a series of steps that takes place over time

Discovery begins after all pleadings have been filed, served, and replied to, and after all responses have been filed. It entails the exchange of information that either verifies or disproves a certain assertion. It can contain the following items:

  • Questions in writing that must be responded to
  • Requests for documentation
  • Admission requests in which one party asks the other to accept or deny certain facts
  • Notices of deposition
  • Subpoenas are issued to persons or businesses requiring them to produce records

As soon as the Discovery process is concluded, all parties should have full access to all of the evidence that has been collected.

Negotiations

Most of the time, after discovery, there will be a period of discussion to try to reach a settlement that both parties can agree on. It might take the form of an informal negotiation between attorneys, or it can take the shape of a formal procedure like mediation or arbitration. Personal injury claims are settled before they go to trial in 90–95 percent of instances.

Trial

Despite the fact that the great majority of cases are settled before they go to trial, this is not always the case. The plaintiff will be able to testify about what happened during the trial, and other witnesses will be able to speak as well. In addition, the defendant has the opportunity to be cross-examined. In contrast to a criminal trial, just 9 out of 12 jurors must agree on a decision in order for it to be considered valid.

Get in touch with us right away to find out if you should proceed with the procedure

Whether you have been injured in a vehicle accident in which someone else was at blame, a train accident, or any other sort of accident in which someone else was at fault, it is a good idea to speak with a personal injury attorney to find out what your legal options are. Right now, you may call Law Offices of Fernando D. Vargas at 909-982-0707 to schedule a free first legal consultation.