Short answer: Many California personal injury cases resolve without a lawsuit, often after medical treatment is complete and the claim has been documented. Cases that go to litigation commonly take a year or more. The timeline depends on your medical treatment, the evidence, the insurance involved and whether the other side disputes fault or damages.
Key takeaways
- The biggest factor in timing is usually medical treatment. A claim is hard to value until doctors understand the full extent of the injury.
- Most cases move through investigation, treatment, a demand, negotiation and, if needed, a lawsuit.
- Filing a lawsuit adds formal steps such as discovery, depositions and mediation.
- California generally allows two years to file a personal injury lawsuit, and claims against public entities often require a government claim within six months.
- Settling too early can leave you without compensation for treatment you still need.
The stages of a California personal injury case
1. Investigation
Your attorney gathers the police or incident report, photos, video, witness statements and insurance information. Evidence such as security footage can disappear quickly, so this stage should start early.
2. Medical treatment
You focus on recovery. Your attorney tracks your medical records and bills. Many attorneys wait until you have finished treatment, or your doctor can estimate future care, before valuing the claim.
3. Demand and negotiation
Your attorney sends the insurance company a demand package with the facts, medical records, bills, lost income and other losses. The insurer reviews it, may ask questions and makes an offer. Negotiation can take weeks or months.
4. Filing a lawsuit, if needed
If the insurer will not make a fair offer, or a deadline is approaching, your attorney may file a lawsuit. Filing a lawsuit does not mean the case will go to trial. Many cases still settle.
5. Discovery and mediation
Both sides exchange information, answer written questions and take depositions. Many courts and parties use mediation, where a neutral mediator helps both sides try to reach a settlement.
6. Trial
A small share of cases go to trial. Trial dates depend on the court’s calendar and the complexity of the case.
What can make a case take longer
- Ongoing medical treatment or surgery
- Disputes about who was at fault
- Multiple defendants or insurance companies
- A claim against a government entity
- Limited insurance coverage
- Pre-existing injuries that the insurer argues caused the symptoms
What you can do to help your case move
Follow your doctor’s treatment plan, keep your appointments, save receipts and records of missed work, and respond promptly to your attorney. Avoid posting about the accident or your injuries on social media.
Frequently asked questions
How long does a personal injury settlement take in California?
It varies. Cases that resolve without a lawsuit often settle after treatment is complete. Cases that go to litigation commonly take a year or more.
What is the deadline to file a personal injury lawsuit in California?
Generally two years from the date of injury. Claims against public entities often require a government claim within six months. Exceptions apply, so speak with an attorney about your deadline.
Will my personal injury case go to trial?
Most cases resolve before trial, but every case depends on its own facts. Preparing a case as if it could go to trial often helps in negotiation.
Can I speed up my case?
You can avoid delays by getting consistent medical care and sharing documents promptly. Accepting an early offer may be faster, but it may not cover all of your losses.
If you were injured in Los Angeles or the San Fernando Valley, call the Law Office of Eduard Braun, P.C. at 818-796-4529 for a free case review.
Attorney Advertising. General information only. This article does not create an attorney-client relationship or provide legal advice for a specific situation. Every case is different, and prior results do not guarantee a similar outcome.