What happens in a personal injury lawsuit?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalA lawsuit starts with court papers and notice to the other side. The parties then share evidence. They may reach a deal. Some cases go to trial.
In this guide
Here’s an example
Both sides share records. Lawyers ask witnesses questions before a meeting to discuss a settlement.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
The person who sues is the plaintiff. The person or business sued is the defendant. Each side has a chance to present proof and dispute the other side’s claims.
Legal references: [1] California Courts — Civil lawsuits · [3] Code of Civil Procedure § 437c — Summary judgment
What can change the answer?
The court’s schedule and disputes about the facts may change the steps. More parties can add time too.
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Aguilar v. Atlantic Richfield Co.
Supreme Court of California · 2001
25 Cal.4th 826, pp. 843, 850–851
The court explained when a judge can rule without a trial. The key is whether a real dispute over an important fact needs a trial.
This was not an injury case. It does not set a timetable or promise a trial in every lawsuit.
Case applicability reviewed as recorded above.
A useful next step
Ask what the next step means. Find out what you need to give the lawyer and which dates you must attend.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- California Courts — Civil lawsuits ↗Court guidance · Review recorded above
- Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826 ↗Case law · Review recorded above
- Code of Civil Procedure § 437c — Summary judgment ↗Statute · Review recorded above
Updated 2026-11-04. Read our editorial standards.