Filing Car Accident Lawsuit

Summary

Filing a car accident lawsuit in San Jose involves preparing a complaint, serving defendants, and gathering evidence. For cases involving a minor, a guardian ad litem must be appointed using Form CIV-010. The complaint should detail the accident, damages, and relief sought. Compensatory and punitive damages can be claimed. Ensure all forms, including PLD-PI-001, are accurately completed, listing yourself as the plaintiff and guardian for your minor child. Consult local court resources or legal professionals for further guidance.

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PLEASE WALK ME THROUGH HOW TO FILE, SERVE, AND WIN A CAR ACCIDENT CASE IN SAN JOSE CALIFORNIA

Hi Peyman, I'll guide you through the steps to file, serve, and handle a car accident case in San Jose, California:
*. **File the Complaint:**
- Prepare and file a complaint with the Santa Clara County Superior Court.
- Pay the filing fee.
*. **Serve the Defendant:**
- Serve the defendant with the complaint and summons.
- Use a registered process server or sheriff.
*. **Gather Evidence:**
- Collect police reports, medical records, and witness statements.
- Document all damages and expenses.
*. **Attend Court Hearings:**
- Attend all scheduled court hearings.
- Present your evidence clearly and concisely.
*. **Settlement or Trial:**
- The case may settle before trial, or proceed to trial.
- At trial, present your case to the judge or jury.
For more detailed guidance, please refer to the court's website or consult with a legal professional.

Santa Clara County Superior Court

Phone: (*) *-*
Address: * North First Street, San Jose, CA *
Website: www.scscourt.org

PLEASE WALK ME THROUGH HOT TO FILE AND SERVE AN INDIVIDUAL AND INSURANCE COMPANY IN A CAR ACCIDENT CASE IN SAN JOSE CALIFORNIA FOR AN AMOUNT OVER * DOLLARS.

Hi Peyman, I'll guide you through the steps to file and serve an individual and an insurance company in a car accident case in San Jose, California:
*. **File the Complaint:**
- Prepare and file a complaint with the Santa Clara County Superior Court.
- Include details of the accident, injuries, and damages.
- Pay the filing fee.
*. **Serve the Defendant:**
- Serve the individual and the insurance company with the complaint and summons.
- Use a registered process server or the sheriff's office.
*. **Proof of Service:**
- File a Proof of Service form with the court to confirm that the defendants were served.
For further assistance, refer to the court's website or consult with a legal professional.

Santa Clara County Superior Court

Phone: (*) *-*
Address: * North First Street, San Jose, CA *
Website: www.scscourt.org

PLEASE WALK ME THROUGH EVERY SECTION ON FORM PLD-PI-* AND WHAT NEEDS TO BE COMPLETED FOR A CAR ACCIDENT WITH DAMAGES OVER * DOLLARS

Hi Peyman, I'll walk you through Form PLD-PI-* for a car accident with damages over $*,*:
*. **Caption:**
- Fill in the names of the plaintiff and defendant.
*. **Jurisdiction:**
- Check appropriate boxes based on your claim amount.
*. **First Cause of Action:**
- Specify "Motor Vehicle" and describe the accident.
*. **General Allegations:**
- Provide details of the incident, including dates and locations.
*. **Damages:**
- Detail the damages exceeding $*,*.
*. **Prayer:**
- State the relief you are seeking.
Make sure to review the instructions carefully and consult with a legal professional if needed.

what does general damage mean on the form pld-pi-*

Hi Peyman, "general damages" on Form PLD-PI-* refer to non-economic damages that compensate for pain and suffering, emotional distress, and loss of enjoyment of life. These are subjective and not easily quantifiable.
Is there any specific section of the form you need more details about?

on the form pld-pi-*, what do I enter in the section "the relief sought in this complaint is within the jurisdiction of this court"

Hi Peyman, in the section "the relief sought in this complaint is within the jurisdiction of this court" on Form PLD-PI-*, you should enter:
- "The amount demanded exceeds $*,*."
This confirms that your claim is within the jurisdiction of the Superior Court.

On form pld-pi-*, can I put my minor sons name as a co-plaintiff?

Hi Peyman, generally, a minor cannot be listed as a co-plaintiff on their own. Instead, a parent or guardian must act as their representative in the lawsuit. You would typically list yourself as the plaintiff on behalf of your minor son.
Would you like more details on how to proceed with this?

yes, I am suing a person that hit me and my con while we were in a car. Can I file for both of us at the same time?

Hi Peyman, you can file a lawsuit on behalf of both you and your minor son. As the parent or guardian, you will act as the representative for your son in the lawsuit.
Would you like more information on how to properly document this in your filing?

yes

Hi Peyman, here is how you can properly document filing a lawsuit on behalf of both you and your minor son:
*. **Plaintiff Information:**
- List yourself as the plaintiff and as the guardian ad litem for your son.
*. **Guardian Ad Litem Form:**
- File and complete Form CIV-* (Application and Order for Appointment of Guardian Ad Litem).
*. **Complaint Detail:**
- Mention both your injuries and your son's injuries in the complaint.
*. **Jurisdiction:**
- Ensure your claim amount is stated as exceeding $*,*.
*. **Signature:**
- Sign the complaint as the plaintiff.
For more guidance, refer to the court's website or consult with a legal professional.

~Santa Clara County Superior Court
Phone: (*) *-*
Address: * North First Street, San Jose, CA *
Website: www.scscourt.org

Would you like more details on any of these steps?

yes

Hi Peyman, here are more details on the steps to file a lawsuit on behalf of both you and your minor son:
*. **Plaintiff Information:**
- List yourself as "Plaintiff" and as "Guardian ad Litem for [Your Son's Name]."
*. **Guardian Ad Litem Form (CIV-*):**
- Complete the form with your details and your son's details.
- Explain why you're suitable to represent your son.
- File it with the court and await approval.
*. **Complaint Detail:**
- Clearly describe the accident.
- Include separate sections for your injuries and your son's injuries.
- Specify the damages sought for both of you.
*. **Jurisdiction:**
- State that the total amount sought exceeds $*,* to confirm jurisdiction.
*. **Signature:**
- Sign as the plaintiff and as the guardian ad litem.
For further assistance, refer to the court's website or consult with a legal professional.

~Santa Clara County Superior Court
Phone: (*) *-*
Address: * North First Street, San Jose, CA *
Website: www.scscourt.org

Would you like more

what do I enter in section * of the form PLD-PI-*

Hi Peyman, in Section * of Form PLD-PI-*, you should:
- Specify "Motor Vehicle" as the cause of action.
- Provide a brief description of the accident, including the date and location.
- Mention the defendant's negligence and how it caused the injuries and damages.
Would you like more details on any other sections of the form?

What do I enter in the for PLD-PI-* in the section *. Each plantiff named above is a competent adult?

Hi Peyman, in Section * of Form PLD-PI-*:
- If you are representing yourself and your minor son, check the box that says "Plaintiff (name) Peyman Faghirizadeh."
- For your minor son, check the box "Plaintiff (name) [Your Son's Name], a minor, by and through their guardian ad litem, Peyman Faghirizadeh."
Would you like more details on any other sections of the form?

WHAT DO I ENTER ON FORM PLD-PI-* ON ITEM #*. THE COURT IS THE PROPER COURT BECAUSE

Hi Peyman, for Item #* on Form PLD-PI-*, you should enter:
- "The court is the proper court because the accident occurred in this county and the defendants reside or do business here."
This indicates why the court has jurisdiction over the case.
Would you like more details on any other sections of the form?

CAN I CHECK MULTIPLE BOXES IN THIS SECTION

Hi Peyman, in Item #* of Form PLD-PI-*, you can check multiple boxes that apply to your situation. For example, you may check boxes indicating that the accident occurred in the county and the defendants reside or do business in the county.
Would you like more details on any other sections of the form?

ON ITEM * ON FORM PLD-PI-*, WHAT DO I NEED TO COMPLETE

Hi Peyman, for Item * on Form PLD-PI-*, you need to:
- Check the box that describes the type of damages you are claiming.
- Provide a brief description of the damages, such as "medical expenses, lost wages, and pain and suffering."
Would you like more details on any other sections of the form?

ON ITEM * ON FORM PLD-PI-*. WHAT DO I ENTER WHEN IT SAYS "PLANTIFF IS REQUIRED TO COMPLY WITH A CALIMS STATUTE, AND

Hi Peyman, for Item * on Form PLD-PI-*, when it says "Plaintiff is required to comply with a claims statute," you should:
- Specify if compliance with a statute is required (e.g., Government Claims Act for suing a public entity).
- Indicate if you have complied with the statute by filing a claim with the appropriate agency.
Would you like more details on any other sections of the form?

ON ITEM * ON FORM PLD-PI-*. IT STATES "THE FOLLOWING CAUSES OF ACTION ARE ATTACHED AND THE STATEMENTS ABOVE APPLY TO EACH (EACH COMPLAINT MUST HAVE ONE OR MORE CASUSES OF ACTION ATTACHED). WHAT DO I ENTER IN THIS SECTION FOR A CAR ACCIDENT

Hi Peyman, for Item * on Form PLD-PI-* in a car accident case, you should:
- Check the box for "Motor Vehicle."
This indicates that the cause of action related to a motor vehicle accident is attached to your complaint.
Would you like more details on any other sections of the form?

YES

Which specific section of Form PLD-PI-* would you like more details about? This can help me provide you with precise guidance.

ITEM *, PLAINTIFF PRAYS FOR JUDGEMENT FOR COSTS OF SUIT FOR SUCH RELIEF AS IS FAIR, JUST, AND EQUITABLE; AND FOR... WHAT DO I PUT INTO THIS SECTION

Hi Peyman, in Item * on Form PLD-PI-*, you should:
- List any specific damages or relief you are seeking. Example: "medical expenses, lost wages, pain and suffering, and any other relief the court deems just and proper."
Would you like more details on any other sections of the form?

WHAT IS THE DIFFERENT BETWEEN COMPENSATORY DAMAGES AND PUNITIVE DAMAGES AND CAN I SELECT BOTH OF THEM ON FORM PLD-PI-*

Hi Peyman, here's a brief explanation:
- **Compensatory Damages:**
- Compensate for actual losses (e.g., medical expenses, lost wages, pain and suffering).

- **Punitive Damages:**
- Punish the defendant for egregious conduct and deter future misconduct.
Yes, you can select both compensatory and punitive damages on Form PLD-PI-*.
Would you like more details on any other sections of the form?

IN SECTION * ITEM B ON FORM PLD-PI-*. IT ASKS, THE AMOUNT OF DAMAGES IN ACCORDING TO PROOF IN THE AMOUNT OF. WHAT DO I ENTER IN THIS SECTION AND CAN I SELECT BOTH ACCORDING TO PROOF AND IN A DEMANDED AMOUNT?

Hi Peyman, for Section *, Item B on Form PLD-PI-*, you can:
- Check "according to proof" if you want the amount to be determined at trial based on the evidence.
- Alternatively, specify a demanded amount if you know the exact sum.
- You can select both options if appropriate.
Would you like more details on any other sections of the form?

ON ITEM * ON FORM PLD-PI-*. IT STATES PARAGRAPHS OF THIS COMPLAINT ALLEDGED ON INFORMATION AND BELIEF ARE AS FOLLOWS. WHAT DO I ENTER IN THIS SECTION. CAN I ENTER "SEE ATTACHED" AND ATTACH MY DECLARATION IN A SEPARATE DOCUMENT

Hi Peyman, for Item * on Form PLD-PI-*, you can enter "See attached" if you plan to attach a separate declaration. Ensure that the attached document clearly states the paragraphs alleged on information and belief.
Would you like more details on how to prepare this declaration?

CAN YOU GIVE ME AN EXAMPLE OF SOMETHING THAT CLEARLY STATES ALLEGED INFORMATIN AND BELIEF

Sure, Peyman. Here is an example of a statement alleged on information and belief:
"Plaintiff is informed and believes, and thereon alleges, that Defendant was texting while driving at the time of the collision, causing the accident and resulting injuries."
Would you like more details on how to incorporate such statements into your declaration?

CAN YOU SHOW ME A COMPLETED PLD-PI-* FORM THAT STATES A CAR ACCIDENT THAT INCLUDES A FATHER AND A MINOR AS A PLANTIFF

Hi Peyman, I'm unable to provide a completed Form PLD-PI-*, but I can guide you on how to fill it out. Here are the key sections for a car accident involving you and your minor son:
*. **Caption:**
- Plaintiff: "Peyman Faghirizadeh, individually and as Guardian Ad Litem for [Your Son's Name], a minor."
- Defendant: Name the individual or entity you are suing.
*. **Jurisdiction:**
- Check "The amount demanded exceeds $*,*."
*. **First Cause of Action:**
- Specify "Motor Vehicle" and briefly describe the accident, including date and location.
*. **General Allegations:**
- Provide details of the incident, including how it happened, and the defendant's negligence.
*. **Plaintiff Information:**
- Plaintiff (name) "Peyman Faghirizadeh, individually and as Guardian Ad Litem for [Your Son's Name], a minor."
*. **Relief Sought:**
- Specify "The court is the proper court because the accident occurred in this county and the defendants reside or do business here."
*. **Damages:**

CAN I ABBREVIATE INDIVIDUALLY IN THE PLANTIFF SECTION OF FORM PLD-PI-*

Hi Peyman, you can abbreviate "individually" in the plaintiff section of Form PLD-PI-*. For example:
- Plaintiff: "Peyman Faghirizadeh, individually and as Guardian Ad Litem for [Your Son's Name], a minor."
Would you like more details on any other sections of the form?

IN THE DEFENDANT SECTION OF THE FORM PLD-PI-*, DO I INCLUDE THE CAR INSURANCE COMPANY

Hi Peyman, typically, you should list the individual who caused the accident as the defendant in the defendant section of Form PLD-PI-*. Generally, the car insurance company is not listed as a defendant. The insurance company may be involved in the claim process, but the lawsuit is against the at-fault driver.
Would you like more details on any other sections of the form?

DO I COMPLETE THE SECTION, PERSONAL INJURY PROPERTY DAMAGE, WRONGFUL DEATH AMENDED SECTION OF THE FORM PLD-PI-*

Hi Peyman, you should complete the "Personal Injury, Property Damage, Wrongful Death" section of Form PLD-PI-*. Here’s what to include:
- Check the boxes for personal injury and property damage.
- Provide a brief description of the injuries and property damage sustained.
Would you like more details on any other sections of the form?

WHAT DOES THE AMENDED BOX MEAN IN THE COMPLAINT SECTION OF FORM PLD-PI-*

Hi Peyman, the "Amended" box in the complaint section of Form PLD-PI-* indicates that the complaint has been modified after it was initially filed. You would check this box if you are filing an updated version of your complaint to correct or add information.
Would you like more details on how to file an amended complaint?

DO I HAVE TO KNOW THE EXACT NUMBER OF PAGES IN ITEM * ON THE FORM PLD-PI-*

Hi Peyman, for Item * on Form PLD-PI-*, you should indicate the total number of pages included in your complaint, including any attachments. If you're unsure about the exact number, it's best to count all pages before submitting the form.
Would you like assistance with any other sections of the form?

CAN YOU WALK ME THROUGH THE FORM I NEED TO COMPLETE TO ATTACH TO THE FORM PLD-PI-* FOR GUARDIAN AD LITEM

Hi Peyman, I'll guide you through completing Form CIV-* (Application and Order for Appointment of Guardian Ad Litem):
*. **Caption:**
- Plaintiff: Enter "Peyman Faghirizadeh."
- Defendant: Enter the name of the individual or entity you are suing.
*. **Item *:**
- Enter your name as the applicant.
- Enter your son's name as the minor.
*. **Item *:**
- Indicate your relationship to the minor (e.g., parent).
*. **Item *:**
- Check the box stating you are seeking appointment as guardian ad litem for your son in this case.

*. **Item *:**
- Explain why you are suitable to represent your son (e.g., "I am the parent and have the best interests of my child in mind").
*. **Signature:**
- Sign and date the form.
*. **Court Order Section:**
- Leave this section blank; the court will complete it.
Once completed, attach Form CIV-* to your Form PLD-PI-*.
Would you like more details on any other sections of the form or process?

DO I NEED COMPLETE ITEM * IN THE FORM CIV-*

Hi Peyman, on Form CIV-* (Application and Order for Appointment of Guardian Ad Litem), Item * is optional. You only need to complete Item * if there is additional relevant information you want to provide to the court regarding your application. If not, you can leave it blank.
Would you like more details on any other sections of the form?

DO I COMPLETE ITEM * ON THE CIV-* FORM

Hi Peyman, for Item * on Form CIV-*:
- **Item *:** You need to check the box if you are representing a ward or conservatee in addition to the minor. If you are only representing your minor son, you can leave this section blank.
Would you like more details on any other sections of the form?

IN THE DISCLOSURES AND CONSENT TO ACT AS GUARDIAN AD LITEM SECTION OF FORM CIV-*. DO I COMPLETE ITEM *

Hi Peyman, for the "Disclosures and Consent to Act as Guardian Ad Litem" section of Form CIV-*, you need to complete Item * if there is another person consenting to act as the guardian ad litem. If you are the one seeking to be appointed and no one else is consenting, you can leave this section blank.
Would you like more details on any other sections of the form?

I WILL ONLY COMPLETE ITEMS *, *, *, AND * ON THE FORM CIV-* AND SIGN ON THE BOTTOM CORRECT?

Hi Peyman, you are correct. You only need to complete the following sections on Form CIV-* and sign at the bottom:
*. **Item *:** Enter your name as the applicant and your son's name as the minor.
*. **Item *:** Indicate your relationship to the minor (e.g., parent).
*. **Item *:** Check the box seeking appointment as guardian ad litem for your son in this case.
*. **Item *:** Explain why you are suitable to represent your son (e.g., "I am the parent and have the best interests of my child in mind").
Then, sign and date the form at the bottom.
Would you like more details on any other sections of the form or process?

IN THE THIRD SECTION OF FORM PLD-PI-*. DO I ENTER AYDENS NAME IN OTHER PARENT/PARTY OR JUST IN THE PLAINTIFF PORTION

Hi Peyman, in the third section of Form PLD-PI-*, you should enter Ayden’s name as follows:
- **Plaintiff:** List yourself as "Peyman Faghirizadeh, individually and as Guardian Ad Litem for Ayden [Last Name], a minor."
This way, Ayden is included in the plaintiff portion, represented by you as his guardian ad litem.
Would you like more details on any other sections of the form?

Can I serve the defendant through certified mail?

Hi Peyman, in California, you cannot serve the initial complaint and summons through certified mail. You must use a registered process server, sheriff, or someone not involved in the case and over 18 years old.
Would you like more details on the acceptable methods of service?

Once I filed the lawsuit, what happens next?

Hi Peyman, after you file the lawsuit, here's what happens next:
*. **Serve the Defendants:**
- Serve the complaint and summons using a registered process server or sheriff.

*. **Defendant's Response:**
- The defendants have 30 days to respond to the complaint.
*. **Discovery:**
- Both sides exchange evidence and information.
*. **Court Hearings:**
- Attend all scheduled hearings and pre-trial conferences.
*. **Settlement or Trial:**
- The case may settle before trial or proceed to trial where both parties present their case.
Would you like more details on any of these steps?

do i include all of my evidence in the original filling of the pld-pi-* and the civ-*

Hi Peyman, you do not need to include all of your evidence in the original filing of Form PLD-PI-* and Form CIV-*. Instead, gather your evidence to present during the discovery phase and at trial.
Would you like more details on the discovery process?

Yes

Hi Peyman, here’s an overview of the discovery process:
*. **Initial Disclosures:**
- Both parties exchange basic information and documents relevant to the case.
*. **Interrogatories:**
- Written questions that the other party must answer under oath.
*. **Requests for Production:**
- Requests for specific documents and evidence related to the case.
*. **Depositions:**
- Oral questioning of parties or witnesses under oath, recorded for later use.
*. **Requests for Admissions:**
- Statements the other party must admit or deny, simplifying the issues for trial.
Would you like more details on any specific discovery method?

Filing Car Accident Lawsuit

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Santa Clara County Superior Court

Santa Clara County Superior Court

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