What is the Personal Injury Trial Process in California?

If you’ve been injured and are preparing for trial, understanding the personal injury trial process in California is crucial.
What is the personal injury trial process in California?
The personal injury trial process in California involves jury selection, opening statements, presentation of evidence, witness testimony, closing arguments, jury deliberation, and verdict.

As a California-based law firm with decades of litigation experience, we’ve guided countless victims through every step with clarity and confidence.

What Is the Personal Injury Trial Process and Key Concepts

The personal injury trial process in California is the formal legal procedure used when a personal injury claim cannot be resolved through settlement. It occurs in civil court and is initiated after filing a lawsuit.

Key Terms to Know:

• Plaintiff: The injured party bringing the lawsuit

• Defendant: The party accused of causing the injury

• Complaint: The legal document filed to start the case

• Discovery: Pre-trial evidence exchange between both sides

• Burden of Proof: The obligation of the plaintiff to prove their case by a preponderance of evidence

Understanding these terms will help you follow the trial process and make informed decisions throughout your case.

Why the Trial Process Matters to Injured Victims in California

For injured victims in California, the trial process can be a critical path to justice. While many personal injury cases settle, some require a trial to secure fair compensation—especially when the defendant disputes fault or damages.

Why It’s Important:

• Insurance companies may refuse to offer a fair settlement.

• Disputes over liability or injury severity require a court’s decision.

• Trials may result in larger awards than settlements.

Early signs you may go to trial include:

• The insurer denies liability

• The other side refuses to negotiate

• You’re claiming significant medical expenses, pain, or lost income

Step-by-Step Guide to the Personal Injury Trial Process in California

Follow these steps if your case is going to trial in California:

1. File a Complaint

• Draft and submit your complaint in the proper California Superior Court

• Include details of the injury, legal grounds, and damages sought

2. Serve the Defendant

• The defendant must be formally served with the complaint and summons

• Service must occur within 60 days of filing the complaint

3. Defendant Responds

• The defendant files an answer admitting or denying allegations

• May include affirmative defenses or counterclaims

4. Discovery Phase

• Both sides exchange evidence through:

  • Interrogatories (written questions)

  • Depositions

  • Requests for documents

• This phase can take 6 months to over a year

5. Pre-Trial Motions

• Motions such as summary judgment may resolve part of the case

• Motions in limine limit what evidence is presented

6. Jury Selection

• Attorneys question potential jurors during voir dire

• The jury is selected to ensure neutrality and fairness

7. Opening Statements

• Each side presents their case outline to the jury

• Sets expectations for evidence and witnesses

8. Presentation of Evidence

• Plaintiff goes first, presenting witnesses, expert testimony, medical records, and more

• The defense then presents its case and evidence

9. Closing Arguments

• Each attorney summarizes their case and urges the jury to decide in their favor

10. Jury Instructions and Deliberation

• The judge provides legal instructions

• The jury deliberates and must reach a unanimous verdict in most cases

11. Verdict and Post-Trial Motions

• Jury delivers a verdict

• The losing party may file motions or appeals

Trial Options and Alternatives in California Personal Injury Cases

If you’re heading toward trial, it’s helpful to understand your alternatives:

• Settlement Negotiations

  • Pros: Faster, less expensive, guaranteed result

  • Cons: May offer less compensation

• Mediation

  • Pros: Neutral third-party helps resolve the dispute

  • Cons: Non-binding unless agreement is reached

• Arbitration

  • Pros: Private, less formal than trial

  • Cons: Binding decisions limit further legal action