San Diego Personal Injury Process | The Legal Framework & Timeline

Elena came to us after firing her first lawyer. “I don’t know what’s happening,” she said. “I call him, and he just says ‘we’re working on it,’ but nothing ever moves.” She felt lost in a maze. We sat her down and didn’t just tell her “trust us.” We showed her the Framework. We laid out the roadmap: “Right now, we are in Phase 2 (Negotiation). If they don’t offer $100k by Friday, we trigger Phase 3 (Litigation) and file the lawsuit.” For the first time, Elena wasn’t just a victim waiting for news; she was a participant in a plan. When the lowball offer came, she didn’t panic. She looked at the roadmap and said, “Okay, Phase 3. Let’s file.” That confidence—knowing exactly where she stood—kept her calm until we secured a $450,000 verdict.

THE FOUNDATION: BURDEN OF PROOF (EVID. CODE § 115)

Every step in the legal framework—from the first photo of the crash scene to the final closing argument—serves one singular purpose: meeting the Burden of Proof. Under California Evidence Code § 115, we do not need to prove your case “beyond a reasonable doubt” like in criminal law. We must prove it by a Preponderance of the Evidence. This means showing that it is “more likely than not” (51%) that the defendant caused your injury. The framework below is the blueprint we use to build that 51% advantage, layer by layer.

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Attorney Richard Morse a San Diego Injury Attorney

CALIFORNIA LEGAL RESOURCES & PROCESS

Legal Framework & Statutes
Statute of Limitations

Understanding the strict deadlines for filing your lawsuit before you lose the right to sue.

Shared Fault (Comparative Negligence)

How to recover compensation even if you were partially to blame for the accident.

Malpractice Damage Caps (MICRA)

Navigating the specific limits California law places on medical negligence settlements.

Phase 1: Investigation
Accident Reconstruction

Leveraging forensic experts and physics to scientifically prove liability, speed, and force.

Evidence Preservation

Securing critical video footage, black box data, and scene evidence before it is destroyed.

Traffic Accident Reports

Analyzing and challenging the official police findings to correct errors in fault determination.

Phase 2: Pre-Litigation Claims
Medical Liens (Statutory)

Managing healthcare provider claims and hospital liens to protect your future settlement.

Insurance Negotiation

Strategic tactics to demand policy limits and reject lowball initial offers.

Property Damage & Diminished Value

Recovering the full value of your vehicle, including resale loss and total loss disputes.

Phase 3: Litigation & Court
Civil Lawsuit Timeline

A step-by-step roadmap of the court process, from filing the complaint to the final verdict.

Deposition Preparation

Preparing you to testify confidently under oath and avoiding defense attorney traps.

Defense Medical Exams (DME)

Protecting your rights during the hostile “Independent” medical evaluations required by insurers.

Mediation & ADR

Strategies for alternative dispute resolution to secure a favorable settlement without a trial.

Civil Trial Litigation

Presenting your case to a judge and jury when the insurance company refuses to pay fair value.

Phase 4: Settlement & Resolution
Lien Negotiation & Reduction

Aggressively reducing medical bills and reimbursement demands to put more money in your pocket.

Structured Settlements

Planning for long-term financial stability with tax-free periodic payments instead of a lump sum.

Attorney Advertising, Legal Disclosure & Authorship
ATTORNEY ADVERTISING. This content is provided for general informational and educational purposes only and does not constitute legal advice. Under the California Rules of Professional Conduct and applicable State Bar of California advertising regulations, this material may be considered attorney advertising. Viewing or reading this content does not create an attorney-client relationship. Laws and procedures governing personal injury claims vary by jurisdiction and may change over time. You should consult a qualified California personal injury attorney regarding your specific situation before taking any legal action.
Responsible Attorney: Richard Morse, California Attorney (Bar No. 289241).
Morse Injury Law is a practice name and location used by Richard Peter Morse III, a California-licensed attorney.
About the Author & Legal Review Process
This article was prepared by the legal editorial team supporting Richard Peter Morse III, with the goal of explaining California personal injury law and claims procedures in clear, accurate, and practical terms for injured individuals in San Diego and surrounding communities.
Legal Review: This content was reviewed and approved by Richard Morse, a California-licensed attorney (Bar No. 289241), who concentrates his practice on personal injury litigation and insurance claim disputes.
With more than 13 years of experience representing injury victims throughout California, Mr. Morse focuses on serious personal injury matters including motor vehicle collisions, uninsured and underinsured motorist claims, premises liability, catastrophic injury, and wrongful death. His practice emphasizes claims evaluation, insurance carrier accountability, and litigation in California courts when fair resolution cannot be achieved.