How Does a Personal Injury Case Work in California?

As an experienced Orange County personal injury lawyer, I have settled hundreds of cases, and I will probably be going on my thousandth case very soon.

Personal injury cases are second nature to me now. Sometimes, when I am handling a case for my clients, I have to remind myself to explain exactly where we are.

My clients often wonder how a personal injury case works, and I am happy to talk to them about the process. With RMD Law LLP, there is never a mystery. We promise to let you know just where you are and what needs to be done next. This is the life of a typical personal injury case.


Right after you have been in a car accidentslip and fall accident, or other accident, you will be looking for an attorney. In the intake phase, a friendly RMD Law lawyer will talk to you about your accident and let you know if you have a case. Sometimes, even if you have a case, we can’t handle it. If that happens, you should always remember, you have two years to make a claim for your injuries in California, and three years for damage to your property, such as a car. This is known as a statute of limitations. If you think you have an accident case, call us at (949) 326-5000 for a free consultation.

If we take the case, you should sign our documents as soon as possible. We can’t do anything with your case until you sign a power of attorney. Delays can only hurt your case.


Now that you’re in the RMD Law family, we will be focused on getting you better, probably for the next few months. You must go to the doctor right away. The faster you seek medical help for your injury, the faster you will heal. Delaying a trip to the doctor will not help your case, as insurance companies often use gaps in treatment as an excuse to devalue your case.

When you do go to the doctor, be vocal about the treatment you need, and what caused the pain. The doctor needs to know you were in an accident and you should tell him what hurts. Your medical bills and chart notes will be evidence in the case later on.

Auto Repairs

We will also help guide you through the process of fixing your car. Usually, you can get this part done on your own, and we encourage you to do that so that we don’t charge you a fee. Sometimes, the damage to the car is complicated to fix. We are primarily personal injury lawyers, but we have a lot of experience getting cars fixed too! We will help you with this part of the claim for a small additional fee.

Once you feel better and your doctors have given you a clean bill of health, it’s time to get you’re a settlement.


Now that you feel better, RMD Law’s lawyers are really going to get heated up on your case. We will request all of your medical billing and records from your doctors, lost wages from your employer, and other information. That can take us anywhere from a few weeks to a few months, so please be patient.

Next, we will write a “demand letter” and send it to the defense. A demand letter is a formal legal demand for payment, and it usually has a 30-day time limit to respond. From there, we will start negotiating your case. Remember, every case is different in both value and handling. RMD Law will always seek to get you the best settlement. We care about our client’s recovery because the more you get the more our reputation grows. If the defense is being reasonable, we will usually settle the case without having to go to court. If not, we will file a lawsuit. That’s a different story all together. Of course, most cases settle before going to court.

In the end, once the defense has made their top offer, if you are happy, we will accept that offer and request a settlement check.

Once the medical providers are paid, we are ready to close the case and mail you a check. Every accident is different, but we find the average case settles within about six to eight months with all said and done. Some cases settle faster, and still, others go to court and take years to resolve.

Although the speed of the case is uncertain, what you can be sure of is that RMD Law will always take your calls and let you know where your injury case stands. If there is a delay, we will tell you why. We want to see you get a speedy and fair recovery. Contact us today!

Aria Miran
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