Serious injuries happen in an instant, but the impacts of the injury can affect all aspects of life for months or even years. After a catastrophic injury, the adverse effects may be life-altering. Adding a complex legal procedure into the mix may seem overwhelming, but when the accident occurred due to someone else’s careless, reckless, or wrongful actions, many injury victims seek the financial accountability they are entitled to through a personal injury case.
When an injury victim is dealing with painful medical procedures, financial anxieties, and an uncertain future, they often wonder how long their personal injury case will take to end with a settlement or court award for their damages so they can finally move forward.
No Two Personal Injury Claims are the Same
Just as the circumstances and effects of no two personal injuries are the same, there is no definitive answer to the question of how long it takes to resolve the claim. Depending on the injury’s severity and the investigation’s results to prove liability, a claim could take less than six months or up to several years. If a claim cannot be resolved with a settlement and requires court, an injury victim must file the petition for a trial within California’s two-year statute of limitations.
Understanding the California Personal Injury Claim Timeline
Understanding the process of a personal injury case gives an injury victim a better idea of the possible duration of their claim process based on each of the following steps:
- Immediately after the injury, you must seek medical care, request a copy of the medical report, follow the doctor’s instructions carefully, and keep receipts and records of all injury-related expenses
- Hire a Van Nuys personal injury attorney before dealing with the at-fault party’s insurance company, which may offer a fast settlement for far less than the full value of your claim or attempt to shift liability to you
- Your personal injury lawyer will thoroughly investigate the circumstances of your injury to document compelling evidence of the at-fault party’s negligence and their legal liability for your damages. The investigation may involve seeking testimony from expert witnesses and medical experts, as well as reviewing photos, videos, police reports, eyewitness statements, and other evidence
- The attorney carefully considers your economic and non-economic damages like medical expenses, lost wages, and compensation for pain and suffering or catastrophic injury to calculate the maximum compensation available in your claim
- The personal injury attorney sends a demand package with their findings to the appropriate insurance company, like an auto insurance company after a car accident in Van Nuys or commercial liability insurance after a slip-and-fall accident in a store
- The attorney negotiates with the insurance adjuster to maximize the amount of your settlement as much as possible, sometimes including mediation meetings between all parties
- The case ends with a mutually agreed-upon settlement or proceeds to court within the two-year statute of limitations
Close to 95% of personal injury cases in California are resolved with a settlement.
What If My California Personal Injury Case Goes to Court?
When a personal injury lawsuit goes to court, it takes longer than a settlement; however, your California personal injury attorney will ensure you are well-prepared for the process. Juries are often sympathetic toward injury victims and award them large sums. This is why most insurance companies prefer to avoid court and agree on a settlement. It may take some time to go to trial, but most personal injury trials only last a few days or a week, depending on the complexity of the case.
