How Long Does a Personal Injury Case Take in California?

After being injured in an accident due to someone else's negligence, many victims wonder how long it will take to resolve their case and receive fair compensation. However, the length of a personal injury case in California can vary considerably depending on several factors, including the severity of the injuries, the complexity of the evidence, and the parties' willingness to negotiate.

While some cases can be resolved in months, others can drag on for years if they go to court. Understanding the timelines and processes involved will allow you to make better decisions and prepare appropriately.

1. Factors That Influence the Duration of a Personal Injury Case

Not all personal injury cases follow the same timeline. The duration can be affected by several factors, including:

Severity of injury: The more severe your injuries are, the longer medical treatment and damage assessment may take.
Availability of evidence: Gathering evidence such as medical reports, witness statements, and security videos can delay the process.
Negotiations with the insurance company: Some insurance companies may offer quick settlements, but if the offer is low, negotiating for fair compensation can extend the case's time.
If the case goes to trial: Most personal injury cases are settled out of court, but if negotiation fails and litigation is necessary, the process can take years to complete.

Since every case is unique, it is important not to rush into accepting a low offer just because you want a quick resolution.

2. Phases of a Personal Injury Case and its Approximate Duration

Although the exact length of each case varies, most personal injury lawsuits follow a similar process. Below, we describe each phase and how long it can take:

a) Medical Treatment and Damage Assessment (1 to 6 months or more)

After the accident, it is essential that you receive immediate medical attention and follow the instructions of medical professionals. The length of this phase will depend on the severity of your injuries and the time required to achieve the best possible recovery.

Attorneys often wait until the victim completes treatment or has a clear diagnosis before filing a claim. This is because the compensation amount must reflect the actual medical costs, both present and future.

b) Presentation of the Claim and Negotiations (2 to 6 months)

Once the necessary medical and legal evidence has been gathered, your attorney will file a claim with the responsible party's insurance company. In many cases, the insurance company can respond with an initial offer within weeks or months, although it will usually be less than what you deserve.

At this stage, your attorney will negotiate with the insurance company to obtain a fair settlement. If negotiations proceed smoothly, the case could be resolved within a few months. However, if the insurance company refuses to make an adequate offer, filing a formal lawsuit should be considered.

c) Filing a Lawsuit (6 months to 2 years or more)

If a fair settlement cannot be reached during the negotiation phase, the next step is to file a formal lawsuit in court. This process can take several months or even years, depending on the court's schedule and the complexity of the case.

The legal process includes the following stages:

Filing the lawsuit: Your attorney will file the necessary documentation with the court.
Discovery of evidence: Both parties will exchange information and evidence.
Mediation and negotiations: An attempt will be made to resolve the case before going to trial.
Trial (if necessary): If a settlement is not reached, the case will go to trial, which may further prolong the resolution.

Because litigation can be lengthy and expensive, most cases are resolved in the negotiation phase before reaching court.

3. Can I Expedite My Personal Injury Case?

While some factors are beyond your control, there are certain actions that can help expedite the processing of your case:

Gather evidence as soon as possible: Having clear evidence from the start speeds up negotiations with the insurer.
Follow medical recommendations: Completing your medical treatment without interruptions avoids unnecessary delays.
Respond quickly to legal requests: Delivering documents and answering legal questions in a timely manner can avoid delays.
Working with a specialized attorney: An experienced personal injury attorney can streamline the process and handle the legal paperwork efficiently.

Don't Wait Any Longer: Act Today to Protect Your Case

If you have suffered a personal injury, it is important to act quickly to protect your right to fair compensation. Waiting too long can harm your case and reduce your chances of obtaining a favorable outcome.

At Highway Law Group, our Los Angeles Personal Injury Lawyers understand that every day counts. Our team is ready to help you file your claim, negotiate with insurance companies, and, if necessary, represent you in court to ensure you receive the compensation you deserve.