A settlement is an agreement to resolve your injury claim, usually with the insurance company, without going to trial. A lawsuit is the formal case you file in court when a fair settlement is not on the table.
Most personal injury claims in San Diego settle. You put together your medical records, bills, and proof of lost wages, and we negotiate with the adjuster to reach a number that covers your losses. If they agree, you sign a release, they pay, and the matter is done. No courtroom, no jury.
A lawsuit is different. It starts when we file a complaint in San Diego Superior Court. That opens the door to discovery, depositions, and eventually a trial date if the case does not resolve first. Here is the part people miss: filing a lawsuit and reaching a settlement are not opposites. Many cases settle after the suit is filed, sometimes right before trial, because pressure often moves the insurance company more than a phone call does.
Timing matters. In California, most injury claims have a two-year deadline to file suit under Code of Civil Procedure section 335.1, and claims against a public entity can have much shorter deadlines. Miss it and you may lose the right to sue, which weakens any settlement leverage. This is general information, not legal advice, and every case is different.
Whether it is a car accident or a slip and fall, Joe Crudo can tell you which path fits your situation.
Call (858) 622-7280 or reach out through our contact page for a free, confidential consultation.