Getting hurt in an accident can leave you facing pain, medical bills, and time away from work. Many people in California who file personal injury claims want to know: How long will it take to settle my case?
The answer depends on several factors, including the type of accident, the insurance company’s response, and the legal process itself. While some cases resolve in months, others may take a year or longer. Understanding what affects the timeline can help you prepare and avoid surprises.
Initial Medical Treatment and Recovery
The first step after an accident is seeking medical treatment. Your recovery plays a big role in how long your case will take. Lawyers often recommend waiting until you reach “maximum medical improvement” (MMI) before settling.
MMI means your condition has stabilized, even if you still have ongoing medical needs. Settling too early can prevent you from recovering money for future care. For many people, reaching MMI can take weeks or months, depending on the severity of their injuries.
Investigation and Evidence Collection
Before negotiations can begin, your lawyer must investigate the accident and gather evidence. This may include police reports, medical records, witness statements, and expert opinions. The process can take time, especially if experts need to reconstruct the accident or review complex medical files.
Strong evidence makes it harder for insurance companies to deny or reduce your claim. California law places the burden on the injured person to prove fault and damages, so thorough preparation is key.
Insurance Company Review
Once your lawyer submits a claim, the insurance company has 40 days to accept or deny it under California regulations. In reality, insurers may ask for additional information or try to delay.
They often review every detail carefully to minimize payouts. If liability is clear, they may make an offer quickly. If fault is disputed, the review may drag on. Having an attorney helps keep the process moving and ensures deadlines are enforced.
Settlement Negotiations
Negotiations are where most personal injury cases are resolved. Your lawyer and the insurance adjuster will go back and forth on the value of your claim. Offers may start low, but your attorney will push for an amount that reflects your medical bills, lost income, and pain and suffering.
California law allows recovery for both economic and non-economic damages (Civil Code §1431.2). Negotiations can take weeks or months, depending on how far apart both sides are. Patience often results in a better outcome.
Litigation and Filing a Lawsuit
If negotiations fail, your lawyer may recommend filing a lawsuit. In California, you generally have two years from the date of injury to file.
Filing doesn’t mean the case will definitely go to trial. In fact, most lawsuits still settle before reaching the courtroom.
However, filing a lawsuit can pressure insurers to offer a fair settlement. Litigation adds more time to the process since courts must schedule hearings, discovery, and trial dates.
Factors That Can Delay a Case
Several issues can slow down the timeline of your personal injury case.
These include:
- Catastrophic injuries requiring long recovery times
- Disputes over who was at fault
- Multiple defendants or parties involved
- Busy court schedules and backlogs
- Insurance companies dragging out negotiations
Each case is different, and even small disputes can add weeks or months. Knowing these potential delays can help set realistic expectations about the process.
Settlement vs. Trial: Which Is Faster?
Settlements are generally faster than trials. Trials require extensive preparation, including depositions, expert testimony, and court appearances. A trial may not happen until more than a year after filing the lawsuit. Even then, appeals can extend the process.
On the other hand, a settlement avoids lengthy delays and provides guaranteed compensation. While a trial may be necessary in some cases, most injury victims prefer the certainty of a fair settlement.
How Comparative Fault Impacts Timing
California follows a pure comparative negligence rule. This means you can still recover compensation even if you were partly at fault, but your damages are reduced by your percentage of blame.
Insurance companies often use this rule to argue that you deserve less. Proving fault percentages can require extra investigation and expert input, which may extend the timeline. Still, having an attorney ensures that your share of responsibility is not unfairly exaggerated.
When to Expect Payment After Settlement
Once a settlement is reached, payment doesn’t happen instantly. In California, insurers must issue payment within 30 days after a settlement agreement is signed. However, liens from medical providers or health insurers may need to be paid first.
Your lawyer will handle this process to ensure you receive the maximum amount possible. Typically, you can expect payment within a few weeks after everything is finalized.
Contact the Encino Personal Injury Lawyers at JUSTICENTER Personal Injury Lawyers for Help Today
No two personal injury cases in California follow the same timeline. Some resolve in months, while others may take years if litigation is necessary. The best way to get a clear estimate is to speak with an experienced lawyer who understands the process.
At JUSTICENTER Personal Injury Lawyers, our team helps accident victims in Encino and throughout California fight for fair compensation. Contact us today at (833) 852-3600 to schedule a free consultation with an Encino personal injury attorney and learn more about how long your case might take.Meta Description: Wondering how long it takes to settle a personal injury case in California? Learn the key factors that affect your timeline and how JUSTICENTER Personal Injury Lawyers in Encino can help.
