Hurt in a serious accident in California? You have the right to seek justice and compensation through a personal injury claim, including for medical bills, lost wages, pain and suffering, and other forms of damages. This raises an important question: Where do you actually file a personal injury lawsuit? In California, the answer depends on where the accident happened and/or where the defendant is located. Here, our Stockton personal injury lawyer explains the key points to know about where you file a personal injury lawsuit in California.
You Need to Sue in a Court that has Jurisdiction Over the Personal Injury Case
You cannot file a lawsuit in any court that you choose. The court must have jurisdiction. As defined by the Legal Information Institute, jurisdiction is the “power of a court to adjudicate cases and issue orders.” Notably, there are two different forms of jurisdiction:
- Subject Matter Jurisdiction: The court must be allowed to hear the kind of case you are filing. For example, a small claims court might handle simple injury claims under a certain dollar amount. On the other hand, a state trial court can hear more complex personal injury cases with a higher demand for compensation.
- Personal Jurisdiction: The court must have authority over the defendant (the person or company you’re suing). Typically, the court has personal jurisdiction if the defendant lives in, does business in, or caused harm in that state.
Knowing Where to File a Personal Injury Lawsuit in California
In California, personal injury lawsuits are generally filed in the state civil court system. However, the specific county and courthouse where you file depends on several key factors, including where the injury happened and where the defendant lives or does business. Here is a more detailed explanation of where personal injury claims are filed:
- California State Court is the Right Venue for Most Injury Claims: Personal injury lawsuits—such as those involving car wrecks or slip and falls accidents—are typically filed in Superior Court. That is the trial-level court in California’s judicial system. Every county in California has its own Superior Court. For example, Stockton is covered by the San Joaquin County Superior Court.
- You Must File a Personal Injury Lawsuit in the Right County Court: Under California’s Code of Civil Procedure § 395, the proper county—known as the venue—is generally determined by one of the following: 1) Where the injury happened, and/or 2) Where the defendant lives and/or has their principal place of business.
In other words, following an accident in California, you should generally file a personal injury lawsuit in the Superior Court in the county where the accident happened. If the defendant has their principal place of business in another county, you may also be eligible to opt to file in that county as an alternative. Hurt in a slip and fall at a business in Stockton? Your case should generally be filed in the San Joaquin County Superior Court. If you are not sure where to file, an experienced personal injury lawyer can help.
Note: Federal court is rare for personal injury cases in California. However, there are some limited exceptions. In some cases, you might be eligible to file in federal court—but only if there’s “diversity jurisdiction” (parties are from different states) and the damages exceed $75,000. Still, most personal injury claims in California are handled in state courts, not in federal court.
What Happens If You File a Personal Injury Lawsuit in the Wrong Court?
The court will not hear the case. If the court determines it lacks jurisdiction (legal authority) or that the venue (location) is improper, it may either dismiss your case outright or transfer it to the correct court. However, do not rely on a transfer. In most cases, the dismissal for filing in the wrong court will be without prejudice—meaning you can refile in the correct court. However, the process can take a lot of time and you risk missing the statute of limitations.
Most Personal Injury Cases are Settled Without a Trial
You may not spend much—if any—time in court in your personal injury case. Studies and official court statistics consistently show that the vast majority of personal injury claims are resolved through a settlement—not through a trial. Even if you need to file a lawsuit, California encourages parties to resolve disputes through mediation, arbitration, or direct negotiation before trial.
A personal injury claim usually begins outside of court, through an insurance claim. This is where the injured person notifies the at-fault party’s insurance company and seeks compensation for damages, such as medical bills, lost wages, pain and suffering. Many of these claims are settled through negotiation, without the need to file a lawsuit.
Takeaway: A lawsuit is not automatically part of the personal injury claims process in California. It is a separate legal step taken only when settlement efforts have not produced satisfactory results.
Why Injured Victims in Stockton Trust Redkey Gordon Law Corp
Personal injury claims are complicated. If you have a lot of questions about your rights, your options, and the nuances of the legal process, the team at Redkey Gordon Law Corp is more than ready to help. With decades of combined experience and more than eight figures worth of compensation recovered for victims and families across our practice, our case results tell the story. Our Stockton personal injury lawyers are here to guide you every step of the way.
Schedule a Free Consultation With Our Stockton, CA Personal Injury Attorney Today
At Redkey Gordon Law Corp, our Stockton personal injury lawyers are skilled, aggressive, and committed to fighting for justice for the people who need help the most. If you have any questions or concerns about filing a personal injury lawsuit, we are here as a resource. Contact us today for a free, no obligation case review. With an office in Stockton, our team provides personal injury representation in San Joaquin County and all across the wider area in Central California.