When you’ve been injured in an accident, one of the first questions you’ll ask is, “How long will my personal injury case take?” Unfortunately, there’s no one-size-fits-all answer. The timeline depends on factors like the severity of your injuries, the insurance company’s cooperation, and whether your case settles or goes to trial.
Still, understanding the process and the common delays can help you plan your recovery and make smart decisions about your claim.
Average Timeline of a California Personal Injury Case
In California, a typical personal injury case can take anywhere from several months to over two years to resolve. While minor claims may settle quickly, serious injury cases often take longer because they involve extensive medical documentation, higher damages, and more negotiation with insurers.
Here’s what the general timeline looks like:
- Initial Medical Treatment (0–3 months):
Your health comes first. You should complete all emergency and follow-up care before discussing settlement. Insurance companies assess your case based on your documented injuries and recovery timeline. - Investigation and Evidence Collection (1–6 months):
Your attorney gathers medical records, accident reports, witness statements, photographs, and expert opinions. This phase establishes liability and proof of damages under California Civil Code § 1714(a), which holds everyone responsible for injuries caused by their lack of ordinary care. - Settlement Negotiations (3–9 months):
Once treatment is complete, your attorney sends a demand letter to the at-fault party’s insurer outlining your injuries, costs, and pain and suffering. The insurer may respond with an offer — often much lower than what your claim is worth. Negotiations may go back and forth for several months before a fair agreement is reached. - Filing a Lawsuit (6–18 months):
If the insurer refuses a fair settlement, your lawyer files a lawsuit under California Code of Civil Procedure § 335.1, which provides a two-year statute of limitations for personal injury claims. Once filed, the case enters litigation, including discovery, depositions, expert evaluations, and potentially mediation. - Trial and Resolution (1–2 years):
If settlement still isn’t reached, the case proceeds to trial. Most cases settle before reaching this stage, but if it does, preparation and court scheduling can extend the process significantly.
Why Some Cases Take Longer Than Others
Every personal injury case is unique, but these factors often affect timing:
- Severity of injuries: Serious injuries require longer treatment, and settlement shouldn’t happen until you reach maximum medical improvement (MMI) — when your condition stabilizes.
- Disputed liability: If the other driver or insurer denies fault, your attorney may need to collect more evidence or hire reconstruction experts.
- Insurance company tactics: Adjusters often delay claims hoping victims will settle for less.
- Court backlogs: California courts, especially in Los Angeles and San Francisco, have significant case backlogs post-pandemic.
- Multiple defendants: Accidents involving several vehicles, companies, or government agencies take longer to investigate and litigate.
Settlements vs. Trials: How Timing Differs
Most California personal injury cases (over 90%) settle before trial. Settlements are faster, less expensive, and less stressful but only if the insurer negotiates in good faith.
Trials, on the other hand, can take 1–3 years from the date of filing due to court scheduling and pre-trial motions. However, verdicts often result in higher compensation, especially if the insurer acted in bad faith or undervalued the claim.
Under cases like Comunale v. Traders & General Ins. Co. (1958) 50 Cal.2d 654, insurers that fail to accept reasonable settlement offers can face liability for the entire judgment, even beyond policy limits.
When Should You Expect a Settlement Check?
Once your case settles, insurers must issue payment promptly. Under California Code of Regulations, Title 10, § 2695.7(h), insurance companies have 30 days to pay after a settlement agreement is signed.
However, delays can occur if there are outstanding medical liens, subrogation claims, or Medicare/Medicaid reimbursements that must be cleared before funds are released.
How to Speed Up Your Case Without Sacrificing Value
While some delays are unavoidable, strategic legal action can help shorten the process:
Realistic Expectations: Short Cases vs. Complex Claims
| Case Type | Estimated Duration | Why It Takes This Long |
|---|---|---|
| Minor car accident with soft tissue injury | 3–6 months | Quick recovery, low damages |
| Slip and fall with moderate injury | 6–12 months | Requires property investigation |
| Serious auto or truck accident | 12–24 months | Extensive medical care, higher damages |
| Catastrophic injury or wrongful death | 18–36+ months | Expert testimony, multiple defendants |
Key Takeaway: Patience Pays Off
In personal injury law, faster doesn’t always mean better. Rushing to settle before knowing your full medical outcome can cost you tens of thousands of dollars. The strongest cases are built with time, documentation, and persistence — not speed.
Every case has its own rhythm, and your attorney’s job is to balance efficiency with maximum recovery.
Talk to a California Personal Injury Lawyer Today
If you’ve been injured and are wondering how long your case might take, contact The Injury Partners today. Our experienced California personal injury attorneys handle every step from evidence gathering to negotiation and trial ensuring your case moves forward efficiently and strategically.
📞 Call 310-220-0066 or contact us online for a free consultation. We’ll explain your rights, build your case, and fight for the full compensation you deserve.