After a major accident in Fresno, you may feel uncertain and overwhelmed, particularly when it comes to understanding your legal rights. We often hear a question from clients: How to file a personal injury lawsuit in California? In many cases, pursuing legal action is essential to safeguard your financial well-being, whether your injuries resulted from a car accident, a slip and fall, or another form of negligence. It’s completely normal to feel confused about the process, deadlines, and possible results. Taking the first step might be intimidating without legal guidance, especially if you’re focused on healing.

A personal injury claim can help you recover money for medical expenses, lost wages, emotional suffering, and ongoing care. At SSD Law Firm PC: Star Accident Injury and Immigration Law Firm, Sarwinder Dhanjan will guide you through the process with clarity and support, committed to helping injured individuals explore their legal options and navigate each case phase with personal attention, clear communication, and a legal strategy built around their unique situation.

What Is a Personal Injury Lawsuit in California?

A personal injury lawsuit allows someone who’s been physically, emotionally, or financially harmed by another person’s negligence to seek justice through the legal system. In California, these claims can stem from various incidents, such as car crashes, slips and falls, dog attacks, or even dangerous or defective products. The main purpose is to hold the at-fault party accountable and help the injured person recover damages. This may include costs like medical treatment, lost wages, property damage, and emotional suffering. Compensation can also extend to future care or long-term medical needs in more serious cases.

According to the California Courts, a person who suffers an injury in an accident due to someone else’s negligence has the legal right to pursue compensation by filing a lawsuit against the responsible individual or business.

To succeed in a personal injury lawsuit in California, you must prove:

• The defendant had a duty of care.
• That duty was breached.
• The breach directly caused your injury.
• You suffered measurable damages as a result.

Each of these elements is essential for proving legal responsibility. If you can’t show all of them, your claim could be denied or dismissed. Supporting evidence—like accident reports, medical records, and expert testimony—can help strengthen your case and show the full impact of your injuries.

How to File a Personal Injury Lawsuit in California: Step-by-Step Process

If you’re wondering how to file a personal injury lawsuit in California, here’s a step-by-step overview to help you feel more prepared and confident:

1. Confirm Legal Standing

Only the injured person (or a representative if the injured party is deceased or incapacitated) can bring a lawsuit. Legal standing is essential to start a claim, and without it, the court will dismiss the case. In situations where the injured individual is a minor, incapacitated, or has passed away, a parent, guardian, or estate executor may take legal action on their behalf. This ensures that someone files the lawsuit with a legitimate and direct interest in the outcome.

2. Understand the Statute of Limitations

In California, the general statute of limitations for filing a personal injury lawsuit is two years from the date the injury occurred. If the case involves a government entity, the deadline to file an administrative claim is six months. Missing these deadlines can result in losing the right to seek compensation. It’s important to note that exceptions may apply in specific circumstances, such as delayed discovery of an injury, cases involving minors, or claims related to medical malpractice.

3. Gather Evidence

Collect as much documentation and proof as possible. This includes:

• Photos or videos of the scene and injuries
• Police or incident reports
• Witness statements
• Medical bills and treatment records
• Employment records if there’s income loss

This evidence will help establish liability and quantify damages.

4. Determine the Venue

Venue refers to the appropriate location to file your lawsuit. In most cases, this is the county where the injury occurred or where the defendant resides. For incidents in the Central Valley, this often means filing in Fresno County Superior Court. Filing in the wrong venue can delay the process or risk dismissal. 

Additionally, venue selection may influence jury demographics, convenience for local witnesses, and even how efficiently the court handles personal injury cases. Strategic venue decisions can strengthen your case from the outset.

5. File the Complaint

The complaint is the official paperwork that starts a personal injury lawsuit. It names the person or party being sued, explains the legal reasons behind the claim, and lists the damages being requested. This document must be submitted to the right California court and follow certain formatting and content rules. After it’s filed, the defendant has to be formally served within 60 days. From there, they have 30 days to respond. If they don’t reply on time, the court may issue a default judgment in favor of the injured party.

6. Pretrial Negotiations

Once the case is underway, both sides exchange evidence in a process called discovery. This includes written questions (interrogatories), requests for documents, and depositions. The discovery phase helps clarify the facts, assess the strength of the case, and establish each party’s position. After discovery, attorneys often enter settlement negotiations to avoid trial. Most personal injury cases in California settle during this phase, as both parties generally prefer to avoid the unpredictability, cost, and time commitment of going to court.

7. Go to Trial (if necessary)

If a settlement cannot be reached, the case proceeds to trial. A judge or jury will hear the evidence and decide the outcome. A trial is where your story is told—through insights, witness testimony, and legal arguments designed to support your case. This phase requires careful preparation and strategic presentation. Although trials are less common, they are essential for resolving cases where liability or damages are disputed. A trial can also bring closure to clients seeking a public ruling on accountability, especially when negotiations have stalled or the defense denies responsibility entirely.

The American Bar Association explains that when you file a personal injury lawsuit, you become the plaintiff, and the person who caused your injury becomes the defendant. Both sides gather facts through discovery, which includes exchanging documents, written questions (interrogatories), and depositions (in-person, sworn questioning). Most cases settle after discovery, and only a small percentage go to trial.

How Much Does It Cost to File a Personal Injury Lawsuit in California?

One of the most common concerns among injured clients is affordability. Fortunately, most personal injury law firms in California, including ours, operate on a contingency fee basis. This means you don’t pay unless we win your case, which can be a major relief for those already facing medical debt and lost income.

Typical costs involved may include:

• Filing fees: Generally between $435 and $450, depending on the court.
• Court reporter fees for depositions or hearings.
• Qualified witness fees if needed.
• Medical record retrieval fees.

We often cover these upfront litigation costs and only recover them if your case is successful. This approach allows injured individuals to pursue compensation without financial strain. According to the State Bar of California, all fee agreements with your attorney are legally required to be in writing and must clearly outline the costs you will be responsible for and specify the legal services being provided.

How Long Does the Personal Injury Lawsuit Process Take in California?

The timeline for a personal injury lawsuit can vary significantly based on the case’s complexity and whether it settles early or proceeds to trial. Each phase requires preparation, legal documentation, and coordination between both parties, which can influence the overall duration of the process.

Here’s a general timeline:

• Filing to response: 1–2 months
• Discovery phase: 6–12 months
• Pre-trial negotiations or mediation: 3–6 months
• Trial preparation and court dates: 1–3 months

Altogether, the process can take anywhere from 6 months to 2 years or more. Factors such as the availability of witnesses, complexity of evidence, court backlogs, and willingness to negotiate can all affect how long your case will take. Settlements often happen earlier, while contested cases may require extended timelines.

Do You Need a Lawyer to File a Personal Injury Lawsuit in Fresno, California?

While it’s possible to represent yourself, working with a personal injury lawyer is highly recommended in most cases. Personal injury law involves procedural rules, strict filing deadlines, extensive paperwork, and legal negotiations that can overwhelm an individual without formal legal training. Missing a single step could result in delays or even the dismissal of your case. 

The California Courts note that either side may benefit from legal counsel, but legal guidance becomes particularly important in certain situations:

Major Injuries or Long-Term Damage

Severe or disabling injuries—especially those with unclear long-term effects—can make it difficult to determine the full extent of what’s been lost. You may not know if you can return to work or whether long-term care will be necessary. These cases often require medical evaluations, supporting testimony, and detailed financial documentation to understand the impact fully.

High Financial Stakes

Situations involving high medical costs, long-term rehabilitation, or significant projected losses require detailed documentation and evaluation. Insurance companies tend to defend these claims more aggressively, making legal representation critical.

Unclear or Shared Liability

In cases where the fault is unclear, multiple parties might share responsibility. A Fresno personal injury lawyer helps identify who is liable and builds the evidence needed to support your claim, including accident reconstruction, third-party investigations, or subpoenaed records.

Why Work with a Fresno Personal Injury Lawyer?

Hiring a Fresno personal injury attorney offers many benefits. From understanding local court dynamics to providing one-on-one guidance throughout your case, attorney Sarwinder Dhanjan can simplify a complex legal process and help you pursue maximum compensation efficiently and effectively.

Local Court Experience

Our Fresno lawyers are familiar with the specific rules, timelines, and expectations of local courts. That local experience helps us file paperwork correctly, meet deadlines, and avoid mistakes. Having handled numerous cases in Fresno County, at SSD Law Firm PC – Star Accident Injury and Immigration Law Firm, we’re also familiar with local judges and opposing counsel, which can inform more strategic case preparation and negotiation.

Personalized Support

Attorney Sarwinder Dhanjan takes the time to understand the unique details of your injury and how it has affected your life physically, emotionally, and financially. We don’t believe in one-size-fits-all strategies. Instead, we tailor each case plan to fit the client’s goals and recovery timeline, staying in close contact to adjust our approach as new medical or legal developments arise.

No Upfront Fees

We handle personal injury claims on a contingency basis, which means you pay nothing out-of-pocket to start your case. Our fee only comes from a successful resolution—no recovery, no fee. This structure ensures that quality legal representation is accessible, even if you’re struggling financially after an accident.

Access to Local Resources

Our longstanding presence in Fresno gives us access to trusted local professionals—doctors, physical therapists, accident reconstructionists, and investigators—who can support and strengthen your case from start to finish. These connections are especially helpful when gathering timely evidence or scheduling evaluations to substantiate your claim.

Direct Attorney Access

Our team works directly with clients, not through case managers or call centers. You’ll always know who is handling your case, and you’ll have access to consistent communication, clear updates, and a legal strategy tailored to your situation every step of the way. 

Get a Free Case Review with a Fresno Personal Injury Attorney Today

Experiencing a personal injury in Fresno can be life-changing, and acting quickly is often critical to your recovery. The sooner you take action, the better your chances of preserving evidence, protecting your rights, and securing the support you need.

Reaching out early allows attorney Sarwinder Dhanjan to start building your case while details are fresh and witnesses are easier to contact. Evidence can be lost or compromised, so a timely response can significantly strengthen your claim. Call us today at (559) 342-2000 for a free consultation.

At SSD Law Firm PC: Star Accident Injury and Immigration Law Firm, we’re here to fight for the compensation you deserve. Let’s take the first step together.