Understanding the Personal Injury Lawsuit Process

San Francisco personal injury lawsuits

A personal injury law suit in San Francisco, CA results when one party is either negligent, causes harm intentionally, or is liable regardless of fault for the damages or injuries suffered by another party.  In San Francisco, general injury lawsuits begin with the filing of a complaint by the injured party (the plaintiff) against another party who is alleged to be responsible for the injury (the defendant).  Once the defendant is served, he or she has 30 days to serve either an answer or a challenge to the sufficiency of the complaint.

The discovery process

In a San Francisco injury lawsuit, once the plaintiff has filed a complaint and the defendant has filed an answer, both parties begin the process of discovery, in which evidence is gathered by both sides.  The discovery process may include one or more of the following elements:

• Interrogatories.   These are written questions that must be answered under oath.
• Requests for admission.  Each party is asked which of the allegations involved in the case they affirm and which they deny.
• Request for production of documents.  Both parties are required to produce specific documents.
• Deposition.  The plaintiff, the defendant, and sometimes third parties, are questioned under oath in the office of the attorney for the opposing party. Depositions are documented by a court reporter.
• Subpoena documents from third party.  Parties not directly involved in the case may be required to submit requested documentation.

Throughout the process of discovery in a San Francisco personal injury law suit, the court holds a series of meetings with the attorneys for both parties to determine when the case is ready for trial.

Settlements

An injury lawsuit in San Francisco may not necessarily go to trial.  In fact, the majority of personal injury lawsuits in San Francisco are settled before they go to court.  However, if a settlement cannot be reached, then the case must be resolved in a trial. Settlement negotiations will be ongoing before the trial begins.  The settlement in a San Francisco personal injury lawsuit may be reached during a mediation session, which may be required by the court before they let the case go to trial.

San Francisco personal injury lawyers

If you need to file a personal injury lawsuit in San Francisco, the experienced San Francisco injury lawyers at the Law Offices of Michael & Michelle Mandel can guide you through the process.  Contact us today for more information.