Updated October 16, 2026.
Litigation is the formal court process for resolving a dispute. Filing an injury lawsuit does not mean a trial is inevitable or a payment is guaranteed. It creates procedural obligations that continue even while settlement is discussed.
Filing and service are distinct
A complaint states the claims and requested relief. Filing it with the proper court and serving defendants under the applicable rules are different steps. Defendants may answer, challenge the pleading or raise defenses.
The California Courts guide introduces injury cases. Do not assume a claim reported to an insurer is already a lawsuit, or apply a response deadline without checking service, document type and relevant rules.
Discovery develops the evidence
Discovery can involve document requests, written questions, depositions and other authorized procedures. Parties may seek information about responsibility, injuries, treatment and claimed losses. Disputes about scope or confidentiality may require legal resolution.
Preserve original records and communicate candidly with your attorney. Do not delete potentially relevant material because it seems unhelpful. Ask how to respond to a request you do not understand rather than guessing or ignoring it.
Preparation may include expert issues and motions
Medical causation, reconstruction or economic questions may require appropriate expert evidence. A motion can address procedural or legal issues before trial. Neither an expert’s involvement nor a favorable motion automatically guarantees the final result.
Court schedules, evidence disputes and case complexity affect timing. A generic month-by-month chart is not a promise for your case.
Settlement remains possible
The parties may negotiate or use mediation while litigation continues. A mediator helps facilitate agreement rather than automatically deciding the case. If a proposal is made, ask about its amount, release, costs, payment conditions and unresolved risks.
Do not assume every offer is unfair or every trial produces more money. Read why injury cases settle for decision questions.
Trial and later steps are separate
If unresolved issues proceed to trial, evidence is presented under the governing rules and the court or jury decides the matters submitted. A judgment, possible appeal and collection can involve further procedures. Winning a verdict is not the same as immediate distribution of funds.
Know your own responsibilities
- Respond promptly to your legal team’s requests.
- Keep contact details and availability current.
- Provide complete, truthful information about treatment and prior records.
- Prepare for testimony without inventing or rehearsing false facts.
- Ask for clear explanations of decisions and financial terms.
Different filing, service and case-management deadlines apply. Public-entity claims can require earlier procedures. Do not wait until treatment ends to obtain advice about timing.
Request a free Fairmont case review at (800) 324-7666. Intake assistance is available 24/7 in English and Spanish.
General information, not legal advice or a procedural instruction for an individual case.