If you’ve filed a personal injury lawsuit in California, it’s important to understand what it means when a case goes into default. In civil litigation, including personal injury matters, a “default” occurs when the defendant fails to respond to your complaint within the time allowed by law.
When this happens, the court may enter a default judgment in your favor essentially awarding you a win by default. At Hillstone Law, we help clients navigate every step of the legal process, including how to handle cases when the other side doesn’t respond.
What Is a Default Judgment?
A default judgment is a legally binding court order entered in favor of the plaintiff when the defendant fails to respond to a lawsuit. In personal injury cases, this means that the defendant loses the opportunity to argue or defend themselves, and the court may accept all of your allegations as true.
Once a default judgment is entered, you may be able to:
- Collect compensation
- Close the case
- Begin enforcement actions (e.g., wage garnishment or liens)
How Does Default Happen in a Personal Injury Case?
After a personal injury lawsuit is filed, the defendant is served with a Summons and Complaint. They typically have 30 days to respond in California. If they fail to do so and you take no action, the case simply stalls.
But if you file a Request for Entry of Default with the court, and the defendant has still not responded, the court may proceed to enter a default judgment effectively ruling in your favor without a trial.
Even large insurance companies or corporate defendants can default if they fail to respond appropriately or on time.
Serving the Defendant Properly Is Crucial
To obtain a default judgment, you must first serve the defendant properly. This includes:
- Delivering the complaint through an authorized method (personal service, substituted service, etc.)
- Filing proof of service with the court
- Waiting the legally required number of days before requesting default
Failure to follow proper procedures can delay your case or prevent you from obtaining a judgment. At Hillstone Law, our attorneys ensure that every defendant is properly notified and deadlines are met.
What If the Defendant Files a Response Late?
The court will not automatically grant a default once the deadline passes. The plaintiff must formally request it. Until that request is submitted and accepted, the defendant can still respond even after the deadline.
This is why timing is critical. Once the response window closes, it’s essential to act quickly and request default from the court.
When Will the Court Not Grant a Default Judgment?
There are certain exceptions where the court may deny a default judgment, including:
- Claims against government agencies, which often require additional procedural steps
- Requests for non-monetary relief, such as injunctions
- Cases where damages are uncertain, requiring a separate hearing or proof before the court can determine the amount owed
In such situations, the court may still enter default on liability but hold a separate “prove-up” hearing to determine damages.
What If You’re the One Facing Default?
If you’ve been served with a personal injury complaint and fail to respond in time, you risk having a default judgment entered against you. You may still have options such as filing a motion to set aside the default but it’s vital to act quickly.
Hillstone Law can help ensure that:
- You respond to all court filings on time
- You don’t forfeit your right to defend the case
- You understand your obligations and options
Let Hillstone Law Handle Your Personal Injury Claim
Whether you’re pursuing a personal injury lawsuit or responding to one, understanding the rules around default can make or break your case. At Hillstone Law, we help injury victims take prompt legal action and navigate California’s court procedures with confidence.
If you’re unsure about how to proceed or if the defendant in your case has failed to respond contact Hillstone Law today for a free consultation. We’ll help you move forward and fight for the compensation you deserve.
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Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Reading these posts does not create, and is not intended to create, an attorney-client relationship with Hillstone Law. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public; however, Hillstone Law makes no warranties or guarantees about the accuracy, completeness, or reliability of the information provided, and expressly disclaims liability for any actions taken in reliance on it. The photos used in these posts are for illustrative purposes only and do not depict actual clients, individuals, or incidents unless expressly stated. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.
