Practice Checklists for California PI.

Overview

Step-by-step checklists for every phase of a California personal injury case, from intake through settlement disbursement.

New Case Intake Checklist

Use this checklist when a new potential client contacts the firm. Complete all items before the initial consultation concludes.

Client Information

• [ ] Full legal name (verify spelling)
• [ ] Date of birth
• [ ] Social Security Number (last four digits for lien purposes)
• [ ] Home address (current and at time of incident)
• [ ] Phone numbers (cell, home, work)
• [ ] Email address
• [ ] Preferred method of contact
• [ ] Best times to reach client
• [ ] Emergency contact information
• [ ] Primary language (interpreter needs)
• [ ] Immigration status concerns (if relevant to damages)
• [ ] Marital status and dependents
• [ ] Employment status and employer information
• [ ] Health insurance information (carrier, policy number, group number)
• [ ] Attorney previously consulted (conflict check)

Incident Details

• [ ] Date of incident
• [ ] Time of incident
• [ ] Location of incident (exact address or intersection)
• [ ] Type of incident (auto, slip/fall, dog bite, etc.)
• [ ] Brief description of how incident occurred
• [ ] Weather and lighting conditions (if applicable)
• [ ] Witnesses -- names, phone numbers, relationship
• [ ] Police or incident report filed (report number, agency)
• [ ] Photos or video taken at scene
• [ ] Dashcam or surveillance footage available
• [ ] Other parties involved (names, contact info, insurance)
• [ ] Property damage description

Medical Information

• [ ] Injuries sustained (client's description)
• [ ] Emergency room visit (hospital name, date)
• [ ] Ambulance transport (yes/no, company)
• [ ] Current treating physicians (names, specialties)
• [ ] Prior injuries to same body parts
• [ ] Pre-existing conditions relevant to claim
• [ ] Current medications
• [ ] Surgery performed or recommended
• [ ] Physical therapy (provider, frequency)
• [ ] Work restrictions or disability status
• [ ] Health insurance -- MediCal, Medicare, ERISA, private

Insurance and Liability

• [ ] Client's auto insurance (carrier, policy number, limits)
• [ ] UM/UIM coverage confirmed
• [ ] MedPay coverage confirmed
• [ ] Defendant's insurance (if known)
• [ ] Defendant's employer (if applicable -- respondeat superior)
• [ ] Government entity involved (180-day claim deadline)
• [ ] Product manufacturer identified (if products case)
• [ ] Premises owner/manager identified (if premises case)

Administrative

• [ ] Conflict check completed
• [ ] Statute of limitations calculated and calendared
• [ ] Government claim deadline calculated (if applicable) -- Gov. Code 911.2
• [ ] Retainer agreement signed
• [ ] HIPAA authorization signed
• [ ] Lien authorization signed
• [ ] Client information sheet completed
• [ ] Client file opened in case management system
• [ ] Welcome letter/email sent to client
• [ ] Representation letter sent to adverse insurance
• [ ] Police report ordered
• [ ] Medical records request sent (initial providers)
• [ ] Photographs of injuries taken/requested
• [ ] Case assigned to handling attorney
• [ ] Case assigned to paralegal/case manager
• [ ] Initial case evaluation memo drafted
• [ ] Tickler dates set (SOL, claim deadlines, follow-ups)

Initial Investigation Checklist

Begin within the first 72 hours of case acceptance. Time-sensitive evidence preservation is critical.

Evidence Preservation

• [ ] Spoliation/preservation letter sent to all defendants
• [ ] Spoliation letter sent to government entities (if applicable)
• [ ] Spoliation letter sent to property owner/manager (surveillance footage)
• [ ] Client's vehicle inspected and photographed (if auto case)
• [ ] Defective product preserved and photographed
• [ ] Client instructed to preserve all physical evidence
• [ ] Client instructed to preserve all electronic evidence (texts, social media)
• [ ] Scene photographs taken (multiple angles, measurements)
• [ ] Scene video recorded (walkthrough)
• [ ] Google Street View / historical imagery preserved
• [ ] 911 call recording requested
• [ ] Body camera footage requested (if police involved)
• [ ] Traffic camera footage requested
• [ ] Nearby business surveillance footage requested
• [ ] Social media accounts of all parties preserved (screenshots)

Records Collection

• [ ] Police/incident report obtained
• [ ] Traffic collision report obtained (CHP 555 or local agency)
• [ ] Fire department/paramedic records obtained
• [ ] Emergency room records obtained
• [ ] All treating physician records requested
• [ ] Billing records requested from all providers
• [ ] Radiology images requested (MRI, CT, X-ray)
• [ ] Employment records requested (lost wages)
• [ ] Tax returns requested from client (prior 3-5 years)
• [ ] Prior medical records for same body parts (5-10 years)
• [ ] Vehicle repair estimates obtained
• [ ] Property damage photographs obtained
• [ ] Insurance policy obtained (client's and defendant's if possible)
• [ ] Defendant's driving record requested (if auto case)

Witness Development

• [ ] All witnesses identified and listed
• [ ] Witness statements obtained (recorded if possible)
• [ ] Witness contact information verified
• [ ] Expert witnesses identified (liability, medical, damages)
• [ ] Accident reconstructionist consulted (if warranted)
• [ ] Biomechanical engineer consulted (if warranted)

Liability Assessment

• [ ] Applicable duty of care identified
• [ ] Breach of duty analysis completed
• [ ] Causation analysis completed
• [ ] Comparative fault assessment
• [ ] Third-party liability assessment
• [ ] Government entity liability assessment (Gov. Code 815 et seq.)
• [ ] Vicarious liability analysis (respondeat superior, agency)
• [ ] Statutory violations identified (Vehicle Code, Building Code, etc.)
• [ ] Relevant case law researched
• [ ] Case value preliminary estimate prepared

Demand Letter Preparation Checklist

Use when the client has reached maximum medical improvement (MMI) or sufficient treatment plateau to evaluate the claim.

Pre-Demand Review

• [ ] Client has reached MMI or treatment plateau
• [ ] All medical records collected and reviewed
• [ ] All medical bills collected and itemized
• [ ] Medical chronology prepared
• [ ] Gaps in treatment identified and explained
• [ ] Future medical needs assessed
• [ ] Lost wages calculated and documented
• [ ] Loss of earning capacity evaluated (if applicable)
• [ ] Property damage resolved or documented
• [ ] Lien amounts identified and confirmed
• [ ] Health insurance liens (ERISA, private, MediCal)
• [ ] Medicare conditional payments
• [ ] MediCal liens
• [ ] Workers' compensation liens
• [ ] Hospital liens (CC 3045.1 et seq.)
• [ ] Physician liens
• [ ] Howell/Pebley analysis completed for medical specials
• [ ] Net medical specials calculated (paid vs. billed)

Demand Package Assembly

• [ ] Demand narrative drafted
• [ ] Liability analysis section completed
• [ ] Injury description section completed
• [ ] Treatment summary section completed
• [ ] Damages calculation section completed
• [ ] Past medical expenses itemized
• [ ] Future medical expenses projected
• [ ] Past lost wages calculated
• [ ] Future lost earnings/earning capacity calculated
• [ ] Non-economic damages argued
• [ ] Loss of consortium (if applicable)
• [ ] Demand amount determined and approved by supervising attorney
• [ ] Supporting documents organized and indexed
• [ ] Police/incident report
• [ ] Medical records (chronological)
• [ ] Medical bills (itemized spreadsheet)
• [ ] Photographs of injuries (progression)
• [ ] Scene photographs
• [ ] Wage loss documentation
• [ ] Expert reports (if obtained)
• [ ] Witness statements
• [ ] CCP 998 offer evaluated as alternative strategy
• [ ] Demand letter reviewed by supervising attorney
• [ ] Demand letter sent via certified mail and regular mail
• [ ] Copy retained in file
• [ ] Response deadline calendared (typically 30 days)
• [ ] Client notified that demand has been sent

Mediation Preparation Checklist

Begin preparation at least 30 days before the scheduled mediation.

30 Days Before Mediation

• [ ] Mediator selected and confirmed
• [ ] Mediation date, time, and location confirmed
• [ ] Mediation brief deadline determined
• [ ] All outstanding medical records collected
• [ ] Updated lien information obtained
• [ ] Case valuation updated
• [ ] Settlement authority discussed with client
• [ ] Minimum acceptable settlement determined
• [ ] Client availability confirmed

14 Days Before Mediation

• [ ] Mediation brief drafted
• [ ] Liability summary
• [ ] Injury and treatment summary
• [ ] Damages summary with itemization
• [ ] Key evidence highlights
• [ ] Case strengths and weaknesses candid assessment
• [ ] Settlement demand or range
• [ ] Verdict and settlement comparables
• [ ] Supporting exhibits selected and organized
• [ ] Mediation brief reviewed by supervising attorney
• [ ] Visual aids prepared (injury photos, medical illustrations, timelines)
• [ ] Damages spreadsheet updated and finalized
• [ ] Opening statement outline prepared
• [ ] Negotiation strategy planned (opening demand, target, floor)

7 Days Before Mediation

• [ ] Mediation brief served on mediator and opposing counsel
• [ ] Client meeting scheduled for pre-mediation preparation
• [ ] Client prepared on mediation process and expectations
• [ ] Client prepared on likely negotiation dynamics
• [ ] Client advised on appropriate demeanor and dress
• [ ] Client advised on confidentiality of mediation (Evid. Code 1115-1128)
• [ ] Lien holders notified of mediation (if seeking lien resolution)
• [ ] Final lien amounts confirmed
• [ ] Net-to-client calculations prepared at various settlement amounts
• [ ] Settlement disbursement worksheet prepared
• [ ] Settlement agreement template prepared
• [ ] Travel arrangements confirmed (if off-site)

Day of Mediation

• [ ] All documents and exhibits organized and accessible
• [ ] Laptop/tablet charged with digital copies of all materials
• [ ] Physical copies of key documents available
• [ ] Calculator available for real-time settlement calculations
• [ ] Settlement disbursement spreadsheet accessible
• [ ] Client present and prepared
• [ ] Client has valid ID for any settlement signing
• [ ] Confirm authority to settle within discussed range

Trial Preparation Checklist

90 Days Before Trial

• [ ] Trial date confirmed with court
• [ ] Trial estimate determined (number of days)
• [ ] Jury trial demand verified on file (if applicable)
• [ ] All discovery completed or motion to compel filed
• [ ] Outstanding depositions scheduled and completed
• [ ] Expert witness reports exchanged per CCP 2034.210 et seq.
• [ ] Expert witness depositions scheduled
• [ ] All treating physician depositions scheduled
• [ ] Witness list preliminary draft prepared
• [ ] Exhibit list preliminary draft prepared
• [ ] IME/DME reports reviewed and rebuttal planned
• [ ] Motions in limine identified and research begun
• [ ] CCP 998 offer strategy evaluated
• [ ] Jury consultant engaged (if using)
• [ ] Trial technology needs assessed
• [ ] Courtroom visit scheduled (observe judge's procedures)
• [ ] Judge's tentative ruling history researched
• [ ] Trial budget prepared and approved

60 Days Before Trial

• [ ] Final witness list prepared
• [ ] Fact witnesses confirmed and subpoenaed
• [ ] Expert witnesses confirmed and fees arranged
• [ ] Treating physicians subpoenaed (records and person)
• [ ] Custodian of records subpoenaed (if needed)
• [ ] Final exhibit list prepared
• [ ] All exhibits organized and numbered
• [ ] Exhibit binders prepared (court, counsel, witness)
• [ ] Demonstrative exhibits prepared (timelines, diagrams, models)
• [ ] Medical illustrations ordered
• [ ] Day-in-the-life video finalized (if applicable)
• [ ] Digital exhibits formatted for courtroom presentation
• [ ] Motions in limine drafted and filed
• [ ] Exclude prior medical history (if not relevant)
• [ ] Exclude immigration status
• [ ] Exclude seatbelt non-use (if applicable per Vehicle Code 27315)
• [ ] Exclude collateral source payments
• [ ] Exclude defendant's wealth (unless punitive damages)
• [ ] Bifurcation motion (if punitive damages alleged)
• [ ] Jury instructions (CACI) selected and proposed
• [ ] Special verdict form drafted
• [ ] Trial brief drafted
• [ ] Opening statement outline prepared
• [ ] Direct examination outlines prepared for each witness
• [ ] Cross-examination outlines prepared for each defense witness
• [ ] Closing argument themes developed
• [ ] Voir dire questions prepared

30 Days Before Trial

• [ ] Trial brief filed and served
• [ ] Motions in limine filed and served
• [ ] Opposition to defense motions in limine filed
• [ ] Joint witness list filed (if required)
• [ ] Joint exhibit list filed (if required)
• [ ] Exhibit stipulations sought from opposing counsel
• [ ] Deposition designations prepared (for unavailable witnesses)
• [ ] Counter-designations prepared
• [ ] Subpoenas served on all witnesses
• [ ] Expert witness files updated with all new records
• [ ] Supplemental expert reports served (if needed)
• [ ] Client meeting -- final trial preparation session
• [ ] Review testimony expectations
• [ ] Practice direct examination
• [ ] Practice cross-examination
• [ ] Discuss courtroom demeanor and dress
• [ ] Discuss daily schedule and logistics
• [ ] Spouse/consortium witness prepared (if applicable)
• [ ] Lien holders notified of trial date
• [ ] CCP 998 offer sent (if not already, to trigger cost-shifting)
• [ ] Updated verdict research completed
• [ ] Trial notebook assembled
• [ ] Voir dire section
• [ ] Opening statement
• [ ] Witness examination outlines (tabbed by witness)
• [ ] Exhibit list and copies
• [ ] Deposition excerpts (impeachment material)
• [ ] Motions in limine rulings
• [ ] Jury instructions
• [ ] Closing argument
• [ ] Legal research/authority
• [ ] Technology tested in courtroom (if possible)
• [ ] Courtroom setup plan finalized (exhibit boards, screens, etc.)

Week of Trial

• [ ] Final witness schedule confirmed
• [ ] Witness availability re-confirmed
• [ ] All exhibits in final form
• [ ] Trial bags/boxes packed and organized
• [ ] Technology equipment tested
• [ ] Parking and logistics confirmed
• [ ] Client reminded of trial schedule
• [ ] Client's work accommodations confirmed
• [ ] Emergency contact list prepared
• [ ] Daily trial team meeting schedule set

Deposition Preparation Checklist

Client/Plaintiff Deposition Preparation

• [ ] Deposition notice reviewed (date, time, location, documents requested)
• [ ] Client meeting scheduled (minimum 1-2 hours, ideally day before)
• [ ] Review deposition process with client
• [ ] Explain oath and consequences of perjury
• [ ] Explain role of court reporter
• [ ] Explain objections and how to handle them
• [ ] "Listen to the question, answer only what is asked"
• [ ] "If you don't understand, ask for clarification"
• [ ] "If you don't remember, say so"
• [ ] "Don't guess or estimate unless you say you're estimating"
• [ ] "Don't volunteer information"
• [ ] "Take your time before answering"
• [ ] "You can take breaks"
• [ ] Review incident facts with client
• [ ] Review medical treatment timeline with client
• [ ] Review prior medical history with client
• [ ] Review employment history with client
• [ ] Review social media presence (advise client on privacy settings)
• [ ] Review documents produced in discovery
• [ ] Review interrogatory answers for consistency
• [ ] Identify likely areas of cross-examination
• [ ] Practice difficult questions with client
• [ ] Discuss appropriate dress and demeanor
• [ ] Confirm transportation and logistics
• [ ] Bring copy of all discovery responses to deposition
• [ ] Bring medical chronology (for reference during breaks)

Defendant/Witness Deposition Preparation

• [ ] Deposition notice served (CCP 2025.220 -- 10 days before)
• [ ] Document request attached to notice (if applicable)
• [ ] Subpoena served (if non-party witness)
• [ ] Witness fee and mileage tendered (CCP 2020.230)
• [ ] Court reporter arranged and confirmed
• [ ] Videographer arranged (if video deposition)
• [ ] Deposition location confirmed and reserved
• [ ] Outline of examination topics prepared
• [ ] Background and qualifications
• [ ] Knowledge of incident
• [ ] Admissions sought
• [ ] Foundation for documents
• [ ] Impeachment areas identified
• [ ] Damages-related questions
• [ ] Key documents organized for use as exhibits
• [ ] Prior testimony reviewed (if any)
• [ ] Review all relevant discovery responses
• [ ] Review relevant deposition transcripts of other witnesses
• [ ] Identify documents to be marked as exhibits
• [ ] Plan for follow-up depositions (if needed)

Discovery Plan Checklist

Written Discovery -- Propounding

• [ ] Form interrogatories served (DISC-001)
• [ ] Special interrogatories drafted and served (CCP 2030.010 et seq.)
• [ ] Liability-related interrogatories
• [ ] Damages-related interrogatories (if cross-complaint)
• [ ] Insurance coverage interrogatories
• [ ] Witness identification interrogatories
• [ ] Expert witness interrogatories
• [ ] Request for production of documents drafted and served (CCP 2031.010 et seq.)
• [ ] Insurance policies
• [ ] Incident reports
• [ ] Maintenance/inspection records
• [ ] Employment/personnel records (if relevant)
• [ ] Photographs and video
• [ ] Surveillance footage
• [ ] Electronic communications
• [ ] Prior similar incidents
• [ ] Training records
• [ ] Policy and procedure manuals
• [ ] Requests for admission drafted and served (CCP 2033.010 et seq.)
• [ ] Authenticity of documents
• [ ] Factual admissions
• [ ] Liability admissions (strategic)
• [ ] Response deadline calendared (30 days + extensions)

Written Discovery -- Responding

• [ ] Response deadline calendared upon receipt
• [ ] Extension requested if needed (meet and confer first)
• [ ] Client contacted for responsive information
• [ ] Objections identified and asserted (if valid)
• [ ] Substantive responses drafted
• [ ] Verification obtained from client (for interrogatories)
• [ ] Privilege log prepared (if withholding documents)
• [ ] Documents collected and produced (Bates-stamped)
• [ ] Responses reviewed by supervising attorney
• [ ] Responses served and proof of service filed

Depositions

• [ ] All key depositions identified and listed
• [ ] Defendant(s)
• [ ] Defendant's employees/agents
• [ ] Eyewitnesses
• [ ] Responding/investigating officers
• [ ] Treating physicians (if not by declaration)
• [ ] Defense medical examiner
• [ ] Corporate PMK (Person Most Knowledgeable) -- CCP 2025.230
• [ ] Deposition schedule coordinated
• [ ] Deposition notices served (CCP 2025.220)
• [ ] PMK deposition topics specified
• [ ] Discovery cutoff date confirmed and calendared

Expert Discovery

• [ ] Expert witness demand served (CCP 2034.210)
• [ ] Plaintiff's expert witness list served (CCP 2034.260)
• [ ] Expert reports exchanged
• [ ] Expert depositions scheduled
• [ ] Supplemental expert designations (if needed)
• [ ] Expert discovery cutoff confirmed

Subpoenas

• [ ] Business records subpoenas issued
• [ ] Medical records (all providers)
• [ ] Billing records (all providers)
• [ ] Radiology records and images
• [ ] Employment records
• [ ] Cell phone records
• [ ] Insurance claim files
• [ ] Government agency records
• [ ] Consumer notice served (if required -- CCP 1985.3)
• [ ] Return date calendared
• [ ] Records received and reviewed

Settlement Disbursement Checklist

Use this checklist when a settlement has been reached and funds have been received.

Pre-Disbursement

• [ ] Settlement agreement fully executed by all parties
• [ ] Settlement check/wire received and deposited in trust account
• [ ] Check cleared / wire confirmed
• [ ] Final medical bills obtained from all providers
• [ ] All liens identified and confirmed
• [ ] Health insurance liens (ERISA subrogation)
• [ ] MediCal liens (DHCS)
• [ ] Medicare conditional payments (MSPRC)
• [ ] Workers' compensation liens
• [ ] Hospital liens (CC 3045.1)
• [ ] Physician/provider liens
• [ ] Child support liens
• [ ] Other government liens
• [ ] Lien negotiations completed
• [ ] Lien reduction requests sent
• [ ] Lien reduction agreements obtained (in writing)
• [ ] ERISA -- common fund / made whole analysis
• [ ] MediCal -- 25/50 formula or individual reduction
• [ ] Medicare -- final conditional payment amount confirmed
• [ ] Attorney fees calculated per retainer agreement
• [ ] Costs itemized and totaled
• [ ] Settlement disbursement statement prepared
• [ ] Client meeting scheduled to review disbursement

Client Approval and Disbursement

• [ ] Client reviewed and understands disbursement statement
• [ ] Client signed settlement disbursement statement
• [ ] Client signed satisfaction/release (if required)
• [ ] Attorney fee check issued
• [ ] Cost reimbursement check issued
• [ ] Lien payment checks issued to all lien holders
• [ ] Client net proceeds check issued
• [ ] All checks mailed or available for pickup
• [ ] Client notified that check is ready
• [ ] Copy of all checks retained in file
• [ ] Trust account reconciled

Post-Disbursement

• [ ] Satisfaction of lien confirmations obtained
• [ ] Medicare reporting completed (Section 111)
• [ ] Dismissal with prejudice filed (if litigation was pending)
• [ ] Court notified of settlement (if applicable)
• [ ] File closing procedures initiated

File Closing Checklist

Use this checklist when a case has been resolved and all disbursements completed.

Final Documentation

• [ ] Settlement disbursement fully completed
• [ ] All lien satisfactions received and filed
• [ ] Dismissal filed and confirmed (if litigation pending)
• [ ] Client satisfaction confirmed
• [ ] Client review/testimonial requested (if appropriate)
• [ ] Final status letter sent to client
• [ ] Summary of resolution
• [ ] Reminder to keep records
• [ ] Reminder of any ongoing obligations (Medicare Set-Aside, etc.)
• [ ] Contact information for future questions
• [ ] Referral source thanked (if applicable)

File Organization

• [ ] All documents scanned and saved electronically
• [ ] Physical file organized chronologically
• [ ] Medical records organized by provider
• [ ] Financial records (bills, payments, disbursement) organized
• [ ] Correspondence organized chronologically
• [ ] Pleadings organized chronologically (if litigated)
• [ ] Discovery organized by type and date
• [ ] Deposition transcripts filed
• [ ] Expert reports filed

Administrative Closure

• [ ] Case management system updated to "Closed" status
• [ ] Case outcome recorded (settlement amount, verdict, etc.)
• [ ] Case statistics updated for firm reporting
• [ ] Calendar entries cleared
• [ ] Tickler dates removed
• [ ] File retention period noted (minimum 5 years per State Bar rules)
• [ ] Physical file stored per retention policy
• [ ] Electronic file backed up
• [ ] Trust account reconciled and zeroed for this matter
• [ ] Final time entries recorded (if tracking)
• [ ] Post-case evaluation completed (lessons learned)

Related Pages

• Key California Statutes -- Statutory references for deadlines and requirements
• Legal Glossary -- Definitions for terms used in these checklists
• Important Case Law -- Case law supporting procedural requirements

Cross-References

• Legal Glossary
• Key California Statutes
• Leading Cases
• Trial Practice
• Mediation
• Settlement Negotiation

Common Questions

Sources & Legal Citations

1. California Rules of Professional Conduct Rule 1.15. Client trust account requirements for settlements.
2. California Business & Professions Code § 6147. Contingency fee agreement requirements.
3. California Code of Civil Procedure § 335.1. Two-year statute of limitations for personal injury.
4. California Government Code § 911.2. Government claims filing deadline.
5. California Rules of Court 3.1700. Memorandum of costs filing requirements.
6. California Probate Code § 3500. Minor's compromise requirements.