Los Angeles, CA personal injury attorney Narbeh Shirvanian talks about the car accident lawsuit process. He mentions that when a car accident case does not resolve during the pre-litigation stage, filing a lawsuit becomes necessary. After preparing a detailed settlement demand and allowing roughly 30 days for the insurance companies to respond, a lawsuit is filed if payment is not received. The litigation process involves several essential steps.

The first step is identifying all potential defendants, which may include the driver, the registered owner, an employer, or an involved company. Once identified, the lawsuit is filed in the appropriate courthouse. Private investigators are often retained to locate and serve all named defendants with the summons and complaint, a process that can be time-consuming, particularly if individuals are difficult to find.

Once service is complete, defendants generally have 30 days to file a responsive pleading, usually an answer to the complaint. The case then enters the Discovery phase, a fact-finding process that includes written interrogatories, document exchanges, and deposition notices. Depositions—oral interviews conducted under oath—provide critical information for building the case.

Discovery may also reveal additional potential defendants, requiring an iterative approach. After initial Discovery, the insurance company may schedule an independent medical examination conducted by a defense-hired medical expert to evaluate or potentially challenge the extent of the injuries.

As the case develops, the strengths and weaknesses become clearer. Resolution may occur through private mediation, or the case may advance to expert Discovery, where both sides exchange information about retained experts, including doctors, engineers, biomechanical specialists, and accident reconstructionists. This phase prepares the case for a potential trial, which may result in either a settlement at the courthouse or presentation before a jury, ensuring the client receives appropriate and just compensation.