How Long Does a Personal Injury Case Take in California? A Realistic Breakdown of Each Stage

One of the first questions people ask after getting injured is pretty simple:
“How long is this whole thing going to take?”

And honestly, it’s a reasonable question. When you’re dealing with pain, doctor visits, missed work, and a pile of bills you didn’t plan for, you want some sort of timeline. The tricky part is that personal injury cases in California don’t follow a strict schedule. Some wrap up quickly. Some drag out. Some settle. Some go all the way to trial.

Even though every case has its own twists, most of them move through the same general stages. Once you understand what happens at each step, and why things take the time they do, you’re not left wondering what’s going on behind the scenes.

Let’s walk through what a typical case looks like and how long each part tends to last.

1. The First Few Days and Weeks After the Accident

Everything starts with the accident itself. Whether it was a car crash, a fall, or something different, the early part of the case isn’t about legal strategy. It’s mostly about your health and getting things documented.

Step one: get medical care.

This matters more than people realize. Doctors need to figure out what exactly is wrong, and insurance companies will go over your medical records with a microscope. Delaying treatment can hurt your case later, even if you were trying to “tough it out.”

Step two: talk to an attorney.

You don’t need to hire someone the same day, but you should reach out to us as soon as possible. Evidence gets lost fast—security footage, skid marks, witness memories. A personal injury lawyer can step in and preserve things before they disappear.

This initial stage is usually pretty short, anywhere from a few days to a couple of weeks.

2. The Medical Treatment Phase (Often the Longest Part)

This is where a lot of people start getting impatient, because it feels like “nothing is happening” with the case. In reality, this is the biggest factor in how long your case lasts.

Your claim can’t move forward until your injuries:

• heal completely, or

• reach a point where doctors know what your long-term outlook is

It’s impossible to calculate fair compensation until your medical situation stabilizes. Settling too early usually means settling for less.

So how long does treatment take?

It depends on the injury:

• Mild injuries: maybe a month or two

• Whiplash, soft-tissue injuries: 3–6 months

• Broken bones, more serious injuries: 6–12 months

• Surgeries or long-term damage: sometimes a year or more

This part of the process is slow, and there’s really no way around it. A strong case requires complete medical documentation.

3. Building and Sending the Demand Package

Once your medical treatment winds down, your attorney puts together what’s called a demand package. This includes:

• medical records and bills

• proof of lost wages

• photos and evidence

• a written explanation of what happened

• a dollar amount that fairly represents your damages

Getting medical records can take longer than anyone expects. Hospitals drag their feet. Clinics misplace paperwork. It’s normal.

After everything is collected and organized, your attorney sends the demand to the insurance company.

4. Insurance Review and Negotiation

Now the insurance company gets its turn. And they do not move quickly.

Typically:

• They take a month or so to “review” the demand

• They come back with a low offer

• Negotiations begin and go back and forth

• Sometimes the adjuster stalls or asks for more information

Most cases settle during this negotiation phase.

How long does it take?

Anywhere from several weeks to a few months, depending on:

• how stubborn the insurance company is

• how complex the injuries are

• whether liability is clear

• how strong the documentation is

Some insurers intentionally slow things down hoping victims get desperate and settle cheap. A good lawyer doesn’t let that happen.

5. Filing a Lawsuit (Only If Necessary)

If the insurance company refuses to make a fair offer, your lawyer may recommend filing a lawsuit. This does not mean your case is automatically heading for trial. Filing a lawsuit simply moves the case into the court system.

What happens once a lawsuit is filed?

• The defendant responds

• Both sides exchange information and evidence (called discovery)

• Depositions take place

• Experts may be brought in

• A trial date is eventually scheduled

California courts are backlogged, so everything inside this phase moves slowly.

General lawsuit timeline:

• Filing to first response: a few weeks

• Discovery: 6–12 months

• Settlement conferences or mediation: usually around the 9–14 month mark

• Trial: often 12–24 months after filing

Even after filing a lawsuit, most cases still settle before trial.

6. Mediation or Settlement Conferences

Before a case reaches trial, courts usually require a settlement conference or mediation session. A neutral mediator helps both sides try to reach an agreement.

A lot of lawsuits settle here because trial is expensive and unpredictable for everyone involved.

This stage is often the last chance to resolve the case without going to court.

7. Trial (If It Gets That Far)

Only a small percentage of personal injury cases actually go to trial.

Trials can last anywhere from a few days to a couple of weeks. The long part isn’t the trial itself—it’s waiting to get there. Court schedules in California are crowded, and cases sometimes get pushed back.

People usually go to trial when:

• the insurance company refuses to be reasonable

• liability is disputed

• the injuries are significant

• the defendant is denying fault

Your lawyer will walk you through whether trial is worth pursuing based on the evidence and the risks.

So, What’s the Average California Personal Injury Timeline?

Here’s a rough idea:

• Minor injuries: 3–6 months

• Moderate cases: 6–12 months

• Serious injuries: 12–18 months

• Cases with a lawsuit: 18–30+ months

• Cases that go to trial: 1.5–3 years

These are general ranges, not hard rules, but they’re realistic.

Final Thoughts

No two personal injury cases take the exact same amount of time, but they almost always follow this same path. The biggest slowdown usually isn’t the legal process—it’s the medical process. You don’t want to rush that part.

At Montanez Yu, we make sure our clients know what to expect, keep them updated at every step, and fight to make sure they receive the compensation they deserve. We don’t pressure people into quick settlements, and we don’t leave money on the table just to finish a case faster.

If you've been injured and want to understand what your timeline might look like, we’re here to help.