If you’ve been injured in an accident in California, one of the first questions you may have is: How long will my personal injury case take to resolve? While each case is unique, understanding the general timeline of a personal injury claim in California can help set realistic expectations and reduce stress during your recovery.
Average Timeline for a Personal Injury Case in California
1. Initial Investigation and Medical Treatment (1–6 months)
After an accident, the priority is getting medical treatment and documenting your injuries. During this phase:
- Medical records are gathered.
- Witnesses are interviewed.
- Insurance companies may be notified.
You should avoid settling your case too early before the full extent of your injuries is known. This phase usually lasts 1 to 6 months.
2. Demand Letter and Negotiation (2–4 months)
Once you reach maximum medical improvement (MMI), your attorney will send a demand letter to the at-fault party’s insurance company. This letter outlines your injuries, medical bills, lost wages, and pain and suffering.
Negotiations can start soon after. In many cases, a settlement is reached during this phase.
3. Filing a Lawsuit (If Necessary) (6–24+ months)
If the insurance company refuses to make a fair offer, your attorney may file a personal injury lawsuit. Once filed:
- Both sides engage in discovery (exchanging evidence).
- Depositions are taken.
- Mediation or arbitration may be attempted.
- If no agreement is reached, the case goes to trial.
Due to court backlogs and legal procedures, this litigation phase can last over a year.
What Factors Affect the Length of a Personal Injury Case?
What Factors Affect the Length of a Personal Injury Case?
Several elements influence how long a case will take in California:
- Severity of injuries: More serious injuries often require longer recovery times and result in higher settlement values.
- Liability disputes: If fault is contested, the case may take longer to resolve.
- Insurance company cooperation: Some insurers delay or deny claims to pressure you into settling for less.
- Court schedules: If your case goes to trial, court congestion can significantly extend the timeline.
Should You Settle Early?
Insurance companies often pressure injured victims to settle quickly. But settling too soon can leave you undercompensated, especially if future medical treatment or long-term effects of the injury aren’t yet known.
An experienced personal injury attorney will help you determine when the time is right to settle — or whether going to trial is your best option.
Final Thoughts
In California, there’s no one-size-fits-all timeline for a personal injury case. While some cases settle within a few months, others take years — especially if litigation is involved. The key is having an attorney who understands the process, fights for your rights, and knows when to push for settlement or go to court.
At Lara Law Firm, we’re committed to guiding you through every stage of your personal injury claim. If you’ve been injured in an accident, contact us today for a free consultation. We’ll help you understand your options and develop a strategy that maximizes your recovery.
