Are you allowed to file your own personal injury claim in California?
Yes. California law allows you to represent yourself in a personal injury claim if you so choose. The law refers to self-representation as pro se, meaning on one’s own behalf. You can elect to represent yourself as a plaintiff or a defendant in a civil case. Civil cases are any other case that does not involve a criminal charge. In criminal cases, you must have an attorney, while in civil cases you are not required to be represented by an attorney. The only instances in which you are not allowed to represent yourself in a civil case are the following situations:
- Suing for a corporation
- Filing a class-action lawsuit
- Suing on behalf of your child
Filing a lawsuit without an attorney can be risky. It means you will be fully responsible for filing, managing, and directing the course of your lawsuit. It also means you will be foregoing the assistance and guidance of a lawyer if your lawsuit goes to trial.
How Do You File a Lawsuit for Your Own Personal Injury Claim
The first step in preparing your own injury claim is to submit your claim to the clerk’s office of the circuit court and pay the required filing fee. Once the lawsuit is filed, you become the plaintiff and the person you are suing becomes the defendant. Your next step will be to file evidence to support your claim, which includes:
- Medical Records
- Pay stubs
- Tax information
- Proof of employment and lost wages
- Witness statements
- Recorded video, pictures, or written statement of the claim
Your next steps will somewhat depend on how the defendant responds. Typically, a defendant will be represented by a lawyer. The defense lawyer will most likely request documents from you according to the rules of legal discovery. They will also send over interrogatories and request a deposition, in which you will be questioned under oath about the details of your claim. As the plaintiff, you have the right to request the same information from the defense.
Risks of Representing Yourself in Court
The biggest risk anyone faces when representing themselves is losing their case. Losing a case can have severe financial consequences, depending on the outcome. However, the risk of losing your case is much higher if you elect to represent yourself. You could lose your case based on the following possible scenarios:
- You are unable to follow all the necessary procedures and your case gets dismissed, or the defense wins the case easily because you are unprepared
- At trial, you are unable to meet technical requirements to prove your case and you lose
If you lose your case the judge could potentially order you to pay for the other side’s court costs and attorney’s fees. A judgment will also be entered against you and can be renewed every six years until the judgment is paid. Collecting judgment involves garnishing your wages, levying your bank account, placing liens on your property, and collecting your debt by whatever means necessary.
Contact a Personal Injury Lawyer in California
If you or a loved one has suffered injuries and are seeking experienced legal representation, the accident attorneys at Maison Law can help. We understand that finding the right lawyer for your lawsuit is the most important step you can take toward reaching a successful settlement. Our firm takes the time to get to know our clients to give them the best legal options and medical treatment for their injuries. For trusted legal counsel, contact Maison Law for a free consultation and case evaluation. Our firm does not charge any upfront fees for our services and you won’t be charged a cent until we’ve successfully won your case.
