Personal injury guide
How Long a Personal Injury Case Takes
Many California injury claims settle within months after treatment ends. A case that goes into a lawsuit often takes one to two years.
The short answer
Your recovery sets the pace
Most California injury cases settle without a trial. Many claims resolve within months of treatment ending, and a case that goes into a lawsuit often runs one to two years. Every case is different, and the timeline depends on your injuries, the insurance involved, and whether the case has to go to court.
The single biggest factor is your medical treatment. A claim cannot be valued fairly until your doctors know how fully you will recover, so the clock that matters most is your own.
Most cases follow the same order: medical treatment, gathering records, a written demand to the insurance company, and negotiation. A case that does not settle at that point moves into a lawsuit, with discovery, mediation, and, if needed, a trial.
Two deadlines run the whole time, no matter what stage a case is in: the deadline to file a lawsuit and, for a claim against a public agency, the much shorter deadline to present a government claim. Both are covered near the end of this guide.
This guide walks through each stage of a California injury case, what happens during it, and what tends to speed a case up or slow it down.
1. Medical treatment comes first
The first months after an accident are about getting better. Doctors, physical therapy, imaging, and follow-up visits all build the record of what the accident did to you. We usually wait until you have finished treatment, or until your doctors can say what care you will need in the future, before presenting the claim.
Settling too early is a common way people shortchange themselves. A settlement is final. Once you sign a release, you cannot reopen the claim if your back or neck turns out to need more care than you expected.
2. Building the claim
While you treat, we gather what the insurance company will need to see:
The police or traffic collision report, photos, video, and witness statements
Medical records and itemized bills from every provider
Proof of lost income from your employer or your business records
Repair estimates or the total-loss valuation for your vehicle
Records requests to hospitals and medical offices often take several weeks each, so we start them early.
3. The demand and the insurance company’s response
When treatment is complete and the records are in, we send the at-fault driver’s insurance company a demand package. It lays out how the accident happened, your injuries and treatment, your financial losses, and the amount needed to settle.
California regulations require an insurance company to accept or deny a claim within 40 days of receiving proof of it, or to explain in writing why it needs more time. In practice, the first response is often a low offer, and a round of negotiation follows.
4. Negotiation
Many cases settle at this stage, usually within a few weeks to a few months after the demand. Cases with clear fault, well-documented injuries, and enough insurance coverage tend to resolve fastest. When the insurer disputes fault, questions your treatment, or will not make a fair offer, the next step is a lawsuit.
5. Filing a lawsuit
Filing a lawsuit does not mean the case will go to trial. It moves the claim onto the court’s schedule and gives both sides formal tools to get evidence. After the complaint is filed and served, the defendant typically has about a month to respond, and the court sets case management dates.
California courts aim to resolve most civil cases within one to two years of filing. Busy courts, complex injuries, and cases with several defendants can take longer.
6. Discovery
Discovery is the exchange of information. It usually includes:
Written questions and requests for documents
Depositions, where witnesses answer questions under oath
Subpoenas for medical, employment, and phone records
A medical examination by a doctor the defense chooses
Discovery is often the longest stage of a lawsuit, commonly several months to a year.
7. Mediation and settlement
Most lawsuits settle before trial, often at a mediation. A mediator is a neutral person, usually a retired judge or an experienced lawyer, who meets with both sides and helps them reach an agreement. Nothing is decided unless both sides agree.
8. Trial
If the case does not settle, it goes to trial before a judge or jury. Most injury trials last from a few days to two weeks. Even after trial, an appeal or post-trial motions can add months.
California law lets a party over 70 whose health puts the case at risk, and in many cases an injured child under 14, ask the court for an early trial date, generally within 120 days of the court’s order.
9. After a settlement: getting paid
Once a settlement is agreed, you sign a release, and the insurance company generally must pay within 30 days of receiving it. Before the money is distributed, any liens have to be resolved, such as amounts claimed by your health insurer, Medi-Cal, Medicare, or a provider who treated you on a lien. Negotiating those amounts down can take a few weeks, and it can increase what you take home.
Deadlines that cannot wait
A case can take time, but the deadlines to protect it are short:
Most California injury lawsuits must be filed within two years of the injury.
A claim against a city, county, state agency, or other public entity generally must be presented within six months.
For an injured child, the deadline to sue is generally paused until age 18, but the six-month government claim deadline still applies.
Negotiating with an insurance company does not stop these deadlines from running.
What speeds a case up or slows it down
A case tends to move faster when:
Fault is clear and supported by a police report or video
You treat consistently and keep every appointment
The at-fault driver’s coverage is low compared with your losses, so the insurer pays its limits
A case tends to take longer when:
The insurance company disputes fault or the extent of your injuries
You need surgery or long-term care, or your doctors cannot yet predict your recovery
There are several defendants, a government entity, or a commercial vehicle involved
Talk with us
Montanez Yu represents people injured in car accidents, pedestrian and bicycle accidents, dog bites, and slips and falls throughout Southern California. Consultations are free. No fee and no costs unless we recover. Call (951) 444-7407 or request a free consultation, and we will tell you where your case stands and what comes next.
This guide is general information about California law, not legal advice for your situation. Reading it does not create an attorney-client relationship.