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The California Personal Injury Claim Process in 8 Key Steps Make Sure You Have the Right to Sue. ... Figure Out Where to File. ... Send a Demand Letter. ... Build Your Complaint. ... Beat the Clock. ... Review the Evidence. ... Negotiate for a Settlement. ... Head to Trial.
If you choose to proceed with your claim without an attorney, you will need to gather evidence, estimate your damages, file the claim, and negotiate with the insurance company for a settlement. You can review resources from the California Department of Insurance to help you start the process.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
For example, if you are a plumber doing business as ABC Plumbing and want to sue a customer who has not paid you, you can file a claim for up to $10,000. If your business is a corporation, partnership or anything other than a sole proprietorship, your maximum claim amount is $5,000.
If you want to ask for more than $10,000 (for individuals) or $5,000 (businesses and other entities), you need to sue in the civil division of the superior court and not in small claims court. In the civil division, lawyers can represent each side.