What happens if I can't reach a settlement in my case?

If you are unable to reach an agreement with the other party in your personal injury case, you may have to go to court and have a judge or jury decide the outcome. In California, the process for filing a personal injury lawsuit is the same for everyone. You must file a complaint in the county where your accident occurred and have it served on the defendant. Then, both parties may engage in a process called “discovery” where documents and information relevant to the case are shared. After this, your lawyer will attempt to negotiate a settlement with the other party. If they are unable to come to an agreement, the case will go to trial. During the trial, each party will present evidence to support their side of the case and a judge or jury will decide who is liable and how much money the defendant should pay you in damages. After the judgment is handed down, the defendant will be responsible for paying you the damages awarded. If they cannot or will not pay, you may need to take additional legal measures to collect the money.

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