john@representmyinjury.com | January 16, 2026 | California Law
What Happens After Filing a Lawsuit?
If you’ve been in a car crash or face a wrongful death claim, filing a personal injury lawsuit in California starts a key process. This guide explains what happens after filing a personal injury lawsuit. We focus on California law. It helps you understand the steps in a car crash personal injury lawsuit or wrongful death case.
After filing a personal injury lawsuit in California, the case moves into formal litigation. This step is critical in what happens after filing a personal injury lawsuit. The defendant gets served. They respond. Then comes extensive Discovery. This means evidence exchange, depositions, and medical exams. Next are Settlement Negotiations or Mediation. If no deal, a Trial happens. A judge or jury decides. Appeals may follow. But most cases settle before trial.
Service and Defendant’s Response
The process begins with service. Lawyers serve the complaint in California. They do this within 60 days of filing. This follows CRC 3.110. You prove service to the court in 60 days.
After serving a copy of the lawsuit, the defendant answers in 30 days. They admit or deny claims. Or they file dismissal motions. For amended complaints, serve in 30 days. This step often takes at least three months from your first lawyer meeting in car crash personal injury lawsuits.
Discovery: The Longest Phase
Parties gather facts in discovery. Both sides share evidence. This shows case strengths and weaknesses.
The defendant uses written requests like interrogatories. They ask for documents. The parties take sworn depositions.
Plaintiffs start discovery 10 days after service. Defendants start anytime. Answers come in 30 days, or 35 if mailed.
For depositions, plaintiffs give 20 days notice after service. Defendants give notice anytime. They schedule at least 10 days out, or 15 if mailed.
Doctors may examine injuries. Parties subpoena medical records. For employment records, serve custodian 15 days ahead. Serve employee 5 days before.
This phase shapes settlements in wrongful death or car crash cases. It lasts months.
Pre-Trial and Settlement
Courts mandate Settlement Conferences (MSC). Parties mediate with a neutral. They aim to settle without trial, another critical stage in what happens after filing a personal injury lawsuit.
Mediation typically occurs 9-18 months after the accident. It lasts one or two days. Your lawyer meets their lawyer and a mediator. You decide on offers.
Most California personal injury lawsuits settle here. About 95% avoid trial. Talks intensify after discovery.
Trial: If No Settlement
No deal leads to trial. California starts trials within 24 months of filing, although this differs from county to county. Trials last days to weeks.
A judge or jury hears evidence. They see testimony. They decide liability and damages.
Discovery ends 30 days before trial. Parties demand experts 70 days out. They disclose experts 50 days before.
You get five years from filing to start trial. This final phase illustrates the duration of what happens after filing a personal injury lawsuit.
Post-Trial
After verdict, the loser can file an appeal. This adds months or years. No appeal means you enforce judgment. You collect payment. Cases often settle during the appeals process.
Your Role in a Personal Injury Lawsuit
You help as the client. Provide documents, photos, and records. Attend mediation. Go to trial if needed.
Work with your attorney. Make key decisions. Stay involved in your car crash or wrongful death case.
Important Considerations for California Personal Injury Lawsuits
Cases differ. Severe injuries or complex wrongful death claims take longer. You reach maximum medical improvement first. This impacts timing.
Trials delay for judge conflicts or witness issues.
Statute of Limitations
File in two years from injury in California. Exceptions apply. Act fast for car crash personal injury lawsuits.
Other Factors
Motions follow deadlines. Noticed motions: 16 court days before hearing. Add days for mail.
Ex parte motions: Notify by 10 AM the day before.
Summary judgment: 75 days notice. Hear 30 days before trial.
998 offers: Up to 10 days before trial.
Notice to appear at trial: 10 days without documents, 20 with.
Why Choose the Law Office of John J. Roach?
A personal injury lawsuit in California challenges you. From car crash to wrongful death cases, we guide you. Contact us today. Let our experts handle your claim. Get the justice you deserve.
If you’ve suffered a serious injury or lost a loved one in a car accident, don’t go it alone. Visit https://representmyinjury.com/ or call 415-851-4557 for a free consultation with a top car accident attorney. Let’s discuss your recovery—fluent in English and Spanish, I’m here to fight for you every step of the way.
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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.