Most personal injury lawsuits in California take between six months and two years. Some claims take less time, but complex claims can take several years to go to trial. There are factors that impact how long a personal injury lawsuit takes, such as whether it’s clear who is at fault, sources of compensation, procedural hurdles, and settlement negotiations. Our experienced Century City personal injury lawyers explain.
How Long Does a Personal Injury Case Take?
There is no single timeline for how long personal injury cases take. Personal injury timelines vary by case.
Some cases are factually and legally straightforward. In those cases, there are no reasonable disputes about what happened, who is at fault, and how much the defense should pay. There is usually an insurance policy to pay compensation.
Other claims are complex. The plaintiff may need to investigate or work with experts. It may be necessary to brief the court about legal issues.
For these reasons, there is no one definitive timeline for how long a personal injury takes. But you can evaluate the various factors to have an idea of what timeline to expect in your case. An attorney can give you a personalized consultation about how long your case might take.
Typical Timeline of a Personal Injury Lawsuit
The timeline of a personal injury lawsuit can be divided into three stages: pre-litigation, litigation, and case resolution.
Pre-litigation
A personal injury case begins when a person gets hurt. First, they receive medical treatment. The injured person investigates who is responsible. They may need to investigate the underlying causes of what happened. Insurance policies may need review.
Sometimes, simple cases can be resolved in pre-litigation. If it’s clear who should pay and how much, it may be possible to resolve a claim through insurance. Settlement negotiations may be important at this stage.
The pre-litigation phase may take a few weeks or several months.
Litigation
Litigation begins when the plaintiff files the lawsuit. The defense has a time limit to respond. The court sets timelines for discovery and preliminary motions, based on input from the parties about the complexity of the case. The preliminary stages of litigation typically take six months to a year.
Case resolution
After discovery and other preliminary stages are complete, the parties may engage in serious settlement negotiations. If the parties settle, it can take about six weeks to finalize the agreement, enter it with the court, and make payment.
If the case proceeds to trial, it can take several months for the court to schedule and hear the case. The trial may be followed by appeals.
Factors That Influence the Length of a Case
Some factors that impact the length of a personal injury case are:
- Fault: Whether it’s clear that the defense is responsible for the personal injury
- Compensation: Sources of compensation, like insurance policies
- Damages: When damages are high or when there are future damages
- Number of defendants: More than one defendant
- Number of plaintiffs: Multiple plaintiffs/districts or class action cases
- Criminal charges: A defendant is also charged criminally
- Legal issues: A case presents a new or complex legal issue
- Court scheduling: Different courts with different operating procedures and scheduling timelines
The Role of Medical Treatment in Case Timelines
Medical care documents injuries. The course of treatment can show the person’s healing and lasting disability. This information is important to prove both economic and non-economic damages. The timeline for medical treatment can vary based on the nature of injuries. How long medical care takes may not directly correlate to the severity of injuries.
How Insurance Negotiations Affect Case Duration
It’s important to know what your case is worth. With this information, you can negotiate your compensation from a position of strength.
Sometimes, insurance companies use delay tactics to minimize payments. You may need to file a formal legal claim so the insurance company knows that you’re serious.
When a Case Proceeds to Trial and Why It Takes Longer
When a case proceeds to trial, the court reserves time on its calendar. Usually, trials are scheduled months in advance. The parties submit witness and exhibit lists in advance and may review juror information. There will be a final settlement conference. Steps towards trial can take months, in addition to the time for the trial itself.
How Do I Make My Personal Injury Case Go Faster?
Some things that impact the duration of a personal injury lawsuit in California are things that you have control over. For example, if the defense extends a settlement offer, you can accept it or reject it. In addition, diligent case preparation can actually shorten the timeline. It may seem like it takes extra time to conduct depositions, work with experts, and conduct legal research. These legal steps can strengthen your case, which can prompt the defense to take settlement negotiations seriously.
Your lawyer can give you personal guidance on how to make your case go faster.
Steps Victims Can Take To Avoid Unnecessary Delays
There are things you can do to avoid unnecessary delays. Doing what you can to document your losses can speed up the timeline. Talk to your lawyer about your goals for litigation. Your lawyer can tailor representation to your goals while also working to maximize your compensation.
Why Having an Experienced Century City Personal Injury Lawyer Speeds Up the Process
Having a lawyer gives you guidance to document losses. They can prepare documents quickly and know what mistakes to avoid.
Having a lawyer lets the defense know you’re serious. A lawyer is experienced in how to motion the court, pursue discovery, work with experts, talk to witnesses, and move your case through the steps. They can also explain how long your case might take so that you know what to expect.
Talk to an Experienced Century City Personal Injury Lawyer
You can have a personalized consultation about how long a personal injury lawsuit takes. Call or message LA Century Law.