Legal Process for Car Accident Lawsuits in San Diego

If you’ve been injured in a car accident in San Diego and are unable to reach a fair settlement with the at-fault party’s insurance company, filing a lawsuit may be necessary to secure the compensation you deserve. 

This guide outlines the steps involved in filing a car accident lawsuit, the statute of limitations, and court procedures in San Diego.

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1. Understanding the Statute of Limitations

What It Is:

The statute of limitations sets the deadline for filing a car accident lawsuit in California.

Deadlines for Filing:

• Personal Injury Claims: You have two years from the date of the accident to file a lawsuit.
• Property Damage Claims: You have three years from the date of the accident to file a lawsuit for vehicle or property damage.
• Claims Against Government Entities: If the at-fault party is a government employee or agency, you must file a claim within six months of the accident.

Why It Matters:

Failing to file within the statute of limitations typically results in your case being dismissed, barring you from recovering compensation.

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2. Consulting an Attorney

Why You Need an Attorney:

• Evaluate the strength of your case and potential compensation.
• Handle communication with the opposing party and insurance companies.
• Navigate the legal process and court procedures on your behalf.

Choosing the Right Attorney:

Look for a San Diego car accident attorney with experience handling cases like yours and a track record of success.

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3. Filing the Lawsuit

Step 1: Filing a Complaint

The lawsuit begins with your attorney filing a complaint in the appropriate San Diego court. This document outlines:

• The facts of the accident.
• The damages you are seeking.
• Legal arguments explaining why the defendant is liable.

Step 2: Serving the Defendant

The defendant (at-fault party) must be formally notified of the lawsuit through a process called service of process.

Why It Matters:

Proper filing and service ensure your case moves forward without delays.

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If you have been seriously injured in a car accident, filing a lawsuit will likely be necessary to ensure you recover full and fair compensation.

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4. Pre-Trial Process

Step 1: Discovery

During discovery, both sides exchange evidence and gather information, including:

• Depositions (sworn testimony).
• Interrogatories (written questions).
• Requests for documents, such as medical records and accident reports.

Step 2: Motions

Either side may file motions to resolve legal issues or even dismiss the case entirely before trial. For example:

• Demurrer: A legal objection to the complaint that challenges its sufficiency.
• Motion to Compel: Asks the court to compel one party to provide discovery responses.
• Motion for Summary Judgment: Asks the court to rule on the case or specific issues without going to trial.

Step 3: Mediation or Settlement Negotiations

Many cases settle before trial through mediation or direct negotiation. Attorneys work to reach an agreement that avoids the expense and uncertainty of court.

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5. Trial

What Happens at Trial:

If a settlement isn’t reached, your case proceeds to trial. The process includes:

• Jury Selection: The attorneys question and excuse jurors until a jury is chosen.
• Opening Statements: Both sides present their stories of the case.
• Presentation of Evidence: Testimony from witnesses, accident reconstruction experts, and medical professionals, as well as physical evidence such as photos and reports.
• Closing Arguments: Attorneys summarize their cases.
• Verdict: The jury determines fault and awards compensation.

Why It Matters:

Trials can be lengthy and costly, but they may be necessary to secure full and fair compensation.

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6. Collecting Your Compensation

What to Expect:

If you win your case, the court will issue a judgment outlining the compensation you are owed.

• The defendant or their insurer typically pays the amount awarded.
• In some cases, further legal action may be required to enforce the judgment.

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7. Appeals

What Happens After a Verdict:

• The losing party may file an appeal if they believe errors occurred during the trial.
• Appeals are heard by a higher court, which reviews the trial court’s decisions.

Why It Matters:

Appeals can delay compensation, but having an experienced attorney ensures your case is well-represented during the appeals process.

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Key Considerations in Car Accident Lawsuits

1. Evidence Is Crucial

Strong evidence, such as medical records, accident reports, and expert testimony, can make or break your case.

2. Fault and Comparative Negligence

California’s pure comparative negligence law allows you to recover compensation even if you are partially at fault. However, your award will be reduced by your percentage of fault.

3. Be Prepared for a Lengthy Process

Lawsuits can take months or even years to resolve, especially if they go to trial.

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Hulburt Law Firm: The Path to Justice

Filing a car accident lawsuit in San Diego can be a complex process, but it may be the best way to secure the compensation you deserve after a serious accident. Having an experienced attorney by your side ensures your case is handled professionally and effectively from start to finish.

At Hulburt Law Firm, our award-winning San Diego Car Accident Attorneys specialize in representing accident victims. Our trial attorneys, Conor and Leslie Hulburt, are dedicated to fighting for justice and ensuring your story is heard.

Contact us today for a free consultation. At Hulburt Law Firm, we believe that The Truth Demands Justice. Let us guide you through the legal process and fight for the compensation you need to rebuild your life.

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Related Content:

• Compensation Available for Car Accident Victims in San Diego

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