How to File a Personal Injury Lawsuit

Most injury cases start as an insurance claim and a written demand; if the insurer will not pay fairly, you file a complaint in court and serve the at-fault party. In California, the lawsuit generally must be filed within two years of the injury (CCP 335.1). Texas also allows two years, Washington generally three, and government claims come first.

How do personal injury claims work before a lawsuit?

A personal injury claim begins when you notify the at-fault person’s insurance company, and sometimes your own, that you were hurt. The insurer opens a claim number, assigns an adjuster and investigates. State rules set how fast the company must move:

• California: the insurer must acknowledge a claim within 15 calendar days and answer your letters within 15 days (10 CCR 2695.5). It must accept or deny the claim within 40 days of receiving proof of claim, or explain in writing why it needs more time and update you every 30 days (10 CCR 2695.7).
• Texas: for a claim with your own insurer, such as uninsured motorist coverage, the Texas Department of Insurance says the company must acknowledge it within 15 days and accept or deny it within 15 business days after it has what it needs (TDI).
• Washington: insurers must acknowledge a claim and reply to your communications within 10 business days on individual policies (WAC 284-30-360). Failing to try in good faith to settle once liability is reasonably clear is an unfair practice (WAC 284-30-330).

Once treatment ends or the doctors can predict your future care, your lawyer sends a demand package: medical records and bills, proof of lost pay, photos and a written explanation of how the injury changed your life, with a dollar figure. The adjuster answers with an offer, and the two sides negotiate. Many injury claims settle here without a lawsuit.

When should you file a personal injury lawsuit?

Filing becomes the next step when any of these happen:

• the deadline to sue is getting close, because talks with the adjuster do not stop it;
• the insurer denies fault or offers far less than the documented losses;
• the adjuster stops responding or keeps asking for the same records;
• you need subpoenas or sworn testimony to prove what happened.

The deadline is two years from the injury in California (California Courts) and two years from the day the claim accrues in Texas (CPRC 16.003). Washington generally gives three years for injury to the person (RCW 4.16.080). Medical malpractice has separate rules.

What if a city, county or state agency caused your injury?

A crash with a city bus, a fall on a public sidewalk or a dangerous county road requires a written claim to the agency before you can sue. In California, an injury claim must be presented within six months (Gov. Code 911.2). The agency then has 45 days to respond, and after a mailed rejection you generally have six months to file suit (California Courts).

Texas gives a governmental unit the right to notice within six months of the incident, describing the injury, the time and place and what happened; some city charters set their own notice period (CPRC 101.101). Washington requires the standard tort claim form, delivered to the agent the local government appoints, and a 60-day wait before suit (RCW 4.96.020).

Where do you file a personal injury lawsuit?

Injury cases go to the state trial court in a county the law allows:

California also sorts cases by size. A case asking for $35,000 or less, not counting fees, interest and costs, is a limited civil case; anything larger is unlimited (CCP 85). Most cases with surgery, lasting pain or months off work are filed as unlimited.

How do you file and serve the complaint?

California. The plaintiff files a Summons (SUM-100), a Civil Case Cover Sheet (CM-010) and a complaint. The Judicial Council’s form complaint is PLD-PI-001, with attachments for a motor vehicle claim, general negligence or premises liability (California Courts). A neutral adult serves each defendant, often by hand, and files a Proof of Service of Summons (POS-010) (California Courts). Proofs of service are due within 60 days after the complaint is filed (CRC 3.110). A served defendant generally has 30 days to respond.

Texas. A civil suit starts with a petition filed with the clerk. The petition must state which damages range it seeks, such as monetary relief of $325,000 or less, or over $1,000,000. The clerk then issues a citation, and the plaintiff arranges service. The citation tells the defendant to answer by 10:00 a.m. on the Monday after 20 days from service (Texas Rules of Civil Procedure 22, 47 and 99).

Washington. A case starts either by filing the complaint or by serving the summons and complaint (CR 3). For the deadline, filing counts only if a defendant is served within 90 days (RCW 4.16.170). The server must be over 18 and not a party, and a defendant served in the state has 20 days to respond (CR 4).

What happens after the lawsuit is filed?

After the answer comes discovery: written questions, document requests and depositions. In California, written interrogatories are generally answered within 30 days (CCP 2030.260). See what happens after a deposition.

Most cases settle before trial, often at mediation. What is said in a California mediation is generally confidential (Evidence Code 1119), and a Texas court may refer a pending case to mediation (CPRC 154.021). Learn whether mediation is binding and how long a lawsuit takes.

What to do now

1. Write down the date of the injury and count forward two years (three in Washington).
2. Check whether a public vehicle, road or building was involved; that clock may be six months.
3. Report the claim to the insurers and keep every claim number and letter.
4. Keep medical records, bills, pay stubs and photos in one folder.
5. Decline a recorded statement to the other driver’s insurer until you have advice.
6. Talk to a lawyer before you sign a release or accept a check.

Get help before the deadline

If you were hurt and the insurer is stalling or offering too little, call Beverly Law at (310) 552-6959 for a free, confidential review in English or Spanish. You owe no fees or costs unless we win.

Common questions

Related pages

Personal Injury Questions · How do car accident settlements work? · How long does a car accident lawsuit take? · What happens after a deposition? · Is mediation legally binding? · Personal injury questions · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.