You start by filing a civil complaint in the Los Angeles County Superior Court. Your complaint names the at-fault party as the defendant and explains how their negligence caused your injuries. You must pay a filing fee, serve the defendant under California service rules, and file proof of service with the court. The case then moves into discovery, motions, and possibly trial if it does not settle. Most personal injury cases fall under the court’s unlimited civil jurisdiction when damages exceed $25,000.
The California Civil Code is the primary body of law that defines personal injury rights and responsibilities. It covers negligence, liability, damages, and legal duties owed between people. Sections like Civil Code 1714 establish the duty of reasonable care, which sits at the core of most personal injury cases. Courts rely on the Civil Code to decide who acted wrongfully and what compensation you can recover.
The California Code of Civil Procedure controls how lawsuits move through the court system. It sets the rules for filing deadlines, service of process, discovery, motions, and trials. In personal injury cases, it also governs statutes of limitations, depositions, subpoenas, and trial procedures. Even a strong claim can fail if you miss a deadline under this code.
California law generally gives you two years from the date of injury to file a personal injury lawsuit. This deadline comes from California Code of Civil Procedure section 335.1. If you miss it, the court will likely dismiss your case forever. Claims involving government entities have much shorter notice deadlines, often as little as six months.
The California Department of Motor Vehicles requires you to report certain accidents using Form SR-1. You must file this report within 10 days if the accident caused injury, death, or property damage over the statutory threshold. The DMV can suspend a driver’s license for failure to report or for lack of insurance, but it does not decide fault or compensation. That happens through insurance claims or court cases.
Negligence describes careless behavior, such as speeding or failing to yield. Liability means legal responsibility for the harm caused by that behavior. In a California personal injury case, you prove negligence to establish liability. Once liability exists, the at-fault party becomes financially responsible for your damages.
Insurance companies protect their profits, not your recovery. A personal injury attorney understands California liability law, insurance tactics, and court procedures. Legal representation helps you gather evidence, calculate damages, negotiate settlements, and file lawsuits when insurers refuse to act fairly. Most injury attorneys work on contingency, so you pay nothing unless you win.
A denial does not mean your case lacks value. Insurers often deny valid claims to pressure you into giving up. You can appeal the denial, submit additional evidence, or file a personal injury lawsuit in California court. Once litigation starts, the insurer must defend its position before a judge or jury.
The value of your claim depends on medical expenses, lost income, pain and suffering, future care, and how the injury affects your life. California law allows recovery for both economic and non-economic damages. There is no fixed formula, but serious injuries, permanent limitations, and clear liability increase case value. An experienced personal injury lawyer can estimate your claim based on similar California cases and settlement data.