Legal Tips
How Long Does a Personal Injury Case Take in California?
Quick Answer: Most California personal injury claims settle in 6–18 months; cases that require filing a lawsuit typically take 1–3 years. The biggest timing factor is medical: settling before you reach maximum medical improvement almost always means settling for less.
Judicial Council of California court statistics show that the large majority of civil cases resolve before trial — but insurers pay full value fastest when a case is trial-ready. Insurance Research Council studies have found that injured claimants represented by an attorney receive settlements averaging roughly 3.5 times higher than those who settle on their own — a gap that exists because insurers price claims based on the credible threat of trial.
The Honest Answer: It Varies Significantly
Simple cases with clear liability and defined injuries can resolve in 6 to 12 months. Contested cases involving severe injuries, disputed liability, or government entities can take 2 to 4 years through trial.
Phase 1: Medical Treatment
Your attorney should not settle your case before you have reached maximum medical improvement (MMI). Settling before MMI risks accepting compensation that does not account for future medical costs.
Phase 2: Demand and Negotiation
Once you have reached MMI, your attorney assembles a demand package and submits a demand letter to the insurer. Most insurers respond within 30 days; negotiations follow.
Phase 3: Filing Suit (If Necessary)
If the insurer's offer is inadequate, we file suit. From filing to trial in Los Angeles courts typically runs 18 to 24 months.
Phase 4: Mediation
Most civil cases in California go through mediation before trial.
Phase 5: Trial
A small percentage of cases go to trial. The credible threat of trial is what drives reasonable settlements — which is why working with an attorney who actually goes to trial matters.
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