Even though there are literally hundreds of car accidents every day in Southern California, many people manage to live their entire lives without ever being involved in one that results in a lawsuit. But I can tell you that, when a severe car accident does occur, filing a lawsuit to recover the damages you are owed is usually the best approach to pursue a full recovery as a personal injury lawyer in California who frequently represents victims of car accidents. The outline of a typical California car accident lawsuit is shown below.

Refrain from accepting any Payouts or Making Admissions Until You Hire a Lawyer

Defendants, particularly those who might be corporate employers of drivers who were at work, may try their hardest to prevent you from filing a lawsuit for your complete recovery. One of these two approaches—or even both—is frequently used for this:

1. attempting to convince you to accept a rapid settlement for your damages in the hopes that you won't file a lawsuit; and
2. persuading you to acknowledge that the defendant was not at blame or that you were at fault.

It is often difficult for someone to judge whether one of those choices was made correctly because they are not a lawyer, and each may preclude the injured person from filing a case in the future. Instead, speak to a lawyer who can explain your case to you.

Initial Investigations Following the Car Accident

By getting in touch with a personal injury lawyer as soon as possible after your case, your lawyer can start the process of looking into the accident scene and the damage to your car, speaking to eyewitnesses, and gathering additional evidence so that he or she can present your case for fault on the other driver's part as well as get ready to answer claims from the defendant that you were at fault.

How to Determine Your Damages?

Your lawyer will work with your medical providers and other professionals to determine the amount of damages you are awarded in your lawsuit, along with investigating the defendant's liability (which will be crucial for winning a lawsuit). This might be a difficult estimate because you are entitled to compensation for all damages, not just those suffered at the time of the lawsuit. Damages that may be recouped include:

• Medical expenses, including those for equipment and in-home care
• Pain and suffering
• Property damage to your car
• Lost income from being unable to work at previous levels

Negotiations with the Defendants

Your lawyer can then engage in negotiations with the defendants for a fair settlement that will satisfy all of your demands after they have a firm understanding of the likelihood of establishing liability and the extent of your damages. The ideal scenario is for the defendant to be aware of what you are owed, be aware of your chances of winning at trial, and be open to settling out of court.

Lawsuit Filing

In the event that a speedy settlement cannot be achieved, your lawyer will file a lawsuit on your behalf against all responsible defendants (including drivers' employers) that details the defendants' legal wrongdoing as well as the damages you are entitled to.

Pre-trial Discovery

Through all phases, settlement negotiations may go on, but the defendants will have a right to reply after the lawsuit is filed. After that, pre-trial discovery will start, which may involve sharing medical records, discussing accident-related evidence, and taking relevant parties' depositions.

Trial

Many parties will settle at the conclusion of pre-trial discovery as the evidence that will be presented at trial becomes evident at that point, but if there is still no settlement, the case will move forward to a trial where a jury will determine fault and the amount of damages awarded to the plaintiff.