How Long Does a Personal Injury Lawsuit Take in California?

A personal injury lawsuit in California generally takes anywhere from a few months to multiple years, depending on factors like case complexity, evidence availability, and court scheduling. Straightforward cases may settle within 6 to 12 months, while cases that go to trial can extend beyond 2 years. Consulting with a skilled personal injury attorney can help streamline the process and offer guidance based on your unique circumstances.

In addition, having a San Jose personal injury lawyer on your side gives you an advantage in dealing with the insurance company even before you file a lawsuit. With proper legal support, you’re in a better position to recover the full compensation you deserve by law. Representation is crucial for both settlement negotiations and in court, and it’s likely that you’ll face both of these aspects of a personal injury claim. A more detailed explanation of the process for a California personal injury case is also helpful.

The Average Time It Takes to Settle a Personal Injury Case

Most of these cases settle without going to trial, and this often results in a faster resolution. On average, simple cases with clear evidence and minimal dispute over fault might settle within six to twelve months after filing a claim.

However, more complex cases may take longer. A personal injury settlement involving severe injuries or disputed liability may take longer because of the need for expert witnesses, detailed medical records, and extensive investigations. When these factors are present, a claim might proceed for up to 18 months or more.

 

 

How Long is a California Personal Injury Lawsuit?

If the insurance company will not offer a fair amount to settle your personal injury claim, filing a lawsuit in court becomes necessary. These proceedings could extend the timeline, but litigation and settlement discussions overlap. The parties can continue to negotiate, discuss, and finalize a settlement agreement before or after the suit is filed, and during court proceedings.

Upon filing, the exact duration of a case varies widely due to the same factors that may arise during settlement. The court’s docket and schedule also affect the proceedings. Many lawsuits can wrap up within a year or two, but many will extend to 5-10 years or more.

You should be aware that there is a deadline on suing for accident cases, and the statute of limitations in California is two years. If you don’t file a personal injury lawsuit before it expires, you give up your rights. Your personal injury lawyer will track the statute of limitations to file necessary documents on time.

 

Stages of the Personal Injury Lawsuit Process

To better understand how long your case might take, you should review the how litigation works. The personal injury claim process in California follows several key stages, each of which contributes to the total time the case will take:

1. Investigation and Filing: The initial steps focus on gathering evidence, medical records, and other necessary documents to support your claim. Your attorney will investigate the accident and determine fault, typically taking a few weeks to a few months.
2. Serving the Defendant: You must officially serve lawsuit documents upon the defendant, which is typically completed by a police officer or other court official.
3. Discovery and Depositions: During the lawsuit, the parties will engage in written discovery like interrogatories and requests to produce documents. The lawyers will also take depositions of parties and witnesses.
4. Mediation and Trial: If a case doesn’t settle during discovery, mediation may occur, where a neutral mediator tries to facilitate a settlement. If mediation fails, the case proceeds to trial, which can add additional months or even years to the process, depending on court availability and trial duration.

This summary of the litigation stages helps set realistic expectations for the time and commitment involved in a personal injury lawsuit.

 

Other Factors That Determine How Long a Personal Injury Case Will Take

The timeline of a personal injury case can vary significantly depending on various case-specific factors. Beyond cooperation from the insurance company and hiring an attorney, these issues play a substantial role in determining how long it will take to resolve a personal injury lawsuit in California. Elements that affect the timeline include:

Severity of Injuries

The severity of injuries sustained in an accident is a major factor in determining the length of a personal injury case. Cases involving minor injuries often resolve faster because they are easier to document and do not require extensive medical evaluations.

On the other hand, cases with severe or catastrophic injuries are typically more convoluted and time-consuming. Examples are:

• Spinal cord injuries
• Traumatic brain injuries, concussion, and other head injuries
• Compound or extensive fractures
• Amputations

Severe injuries often require comprehensive medical documentation, long-term treatment projections, and expert testimony, all of which take time to gather and analyze. As a result, cases involving serious injuries can take significantly longer to settle, especially if they involve future medical needs and lifetime costs.

Medical Treatment

Going hand-in-hand with the severity of the injuries, the length and extent of medical treatment also affect the timeline of a personal injury case. Attorneys generally wait for the injured party to reach maximum recovery before pursuing a final settlement. At this point, the victim’s medical condition has presumably stabilized, and they are unlikely to improve further. When a victim is not expected to advance in terms of treatment, it’s possible to get an accurate assessment of the injury’s impact and potential long-term costs.

If medical treatment is ongoing or there is uncertainty about recovery, the case may be delayed until a full prognosis is available. Waiting can be a useful delay when it helps account for all current and future medical expenses, and it reduces the risk of settling for an amount that does not cover future costs.

Financial Losses

Financial consequences are another factor that influences the duration of a personal injury lawsuit. Claimants may face a longer case timeline when they have suffered substantial economic losses, such as:

• Lost wages
• Loss of future earning capacity
• Extensive costs for equipment
• Expenses for adapting the home and vehicles as necessary to accommodate the victim
• Costs of long-term care, skilled nursing, and related services

When delays happen, they are typically due to the fact that higher-value claims undergo stricter scrutiny from insurance companies. The insurer may dispute the amount, necessity, or even the validity of certain expenses.

Economic losses require documentation like pay stubs, tax records, and detailed medical bills. Preparing and presenting this evidence can take time, particularly if the financial impact of the injuries is still unfolding. Additionally, calculating lost future earnings can be complex and may require expert testimony, further adding to the case timeline.

Non Economic Losses

In addition to economic losses, noneconomic damages also affect how long a case will take. This category of compensation covers the losses that impact your quality of life. They are challenging to quantify, as they are personal to the victim. Being intangible and subjective, noneconomic damages do not have a direct financial value. Examples are:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Losses that impact your personal relationships

Calculating appropriate compensation for non-economic damages requires a comprehensive analysis of the injured person’s daily life and how it has been altered by the accident. Insurance companies are often more resistant to high noneconomic damage claims, as they are open to interpretation.

 

What Factors May Delay a Personal Injury Lawsuit in California?

Several factors can potentially delay a personal injury lawsuit in California, aside from the complexities mentioned above. Being aware of these factors can help you anticipate the timeline and any potential setbacks.

Lack of Cooperation from Insurance Company

One common delay in personal injury lawsuits comes from the insurance company’s refusal to manage your claim in good faith. Insurance companies may slow down the process by taking longer than necessary to review documents, respond to demands, or investigate the details of the case. This delay tactic can create a frustrating waiting period for the injured party. In some cases, insurers may also request additional information that could prolong the timeline.

Insurer’s Unwillingness to Negotiate

An insurer’s hesitation to negotiate can also delay the case significantly. Insurance companies are profit-driven, and their goal is often to minimize payouts. If the insurer believes it can wait out the claimant to settle for less, it may delay negotiations or make low settlement offers in hopes of wearing down the injured party. This tactic can cause a case to drag on unnecessarily, particularly if the injured party needs immediate financial relief.

Not Retaining an Attorney

Going on your own and choosing not to hire a lawyer can also extend the timeline of a personal injury lawsuit. Without professional legal representation, claimants may struggle with the legal process, miss critical deadlines, or lack the knowledge to counter insurer stall tactics.

An experienced attorney has the skills to handle uncooperative insurers, negotiate effectively, and manage the legal complexities to prevent delays. Hiring an attorney can often expedite the process and increase the likelihood of a timely, fair resolution.

 

 

What Will Make My Personal Injury Case Settle Faster?

While some delays are beyond your control, there are steps you can take to help move your personal injury case along more efficiently. Working with an experienced personal injury lawyer can significantly speed up your case. Attorneys with in-depth knowledge of California personal injury law and experience negotiating with insurance companies can often reach settlements more quickly. They know how to address common stall tactics and can advocate for the fair compensation you deserve, helping to bring your case to a resolution as efficiently as possible.

To further streamline the process, make sure to maintain open and timely communication with your attorney. Providing them with necessary documents and responding quickly to their requests can prevent unnecessary delays in the evidence-gathering stage.

Additionally, gathering comprehensive evidence from the beginning can support a faster resolution. It’s critical to obtain police reports, witness statements, medical records, and photographs from the accident scene. The more organized and complete your case file, the better prepared your attorney will be for negotiations or trial.

 

Reach Out to a Personal Injury Attorney in San Jose Today

Background about the timeline is essential if you were injured in an accident and want to pursue a personal injury lawsuit in California. While each case varies, it’s helpful to know the process and the factors that could impact your case’s duration, so you can better prepare.

For more information about your options, please contact Scher, Bassett, and Hames at 408-739-5300. We can schedule a free initial consultation to review your circumstances and discuss next steps.

 

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