How Long Does It Take To Settle A Personal Injury Case In California?

How Long Does It Take To Settle A Personal Injury Case In California?

November 14, 2022 Off By Glespynorson

Accidents can be devastating and life-altering for the victim and their loved ones. Unfortunately, you, the accident victim, or your family may not always know your legal rights following an accident or what to anticipate when filing a personal injury claim.

You are entitled to compensation if you were hurt in a slip-and-fall, a car accident, a bicycle accident, or any other incident. It is advisable to seek legal guidance from a California injury attorney specializing in personal injury law.

According to the California Office of Traffic Safety Scorecard, 1.06 Mileage Death Rate (MDR) victims were reported for every 100 million miles driven in 2019. This figure calls for increased public knowledge of the procedures for submitting personal injury lawsuits.

One of the most crucial things to take into account when filing a lawsuit in California is the timeframe for the settlement of a personal injury claim. Here is all the necessary information regarding the timelines involved.

1. The First Few Months Following The Accident

In the first six months following an injury, seeking medical attention is common. At the same time, your attorney conducts an independent investigation into the accident to compile evidence on your behalf. They will also draft a demand letter with all the case details and the compensation you are entitled to, which they will send to the insurance of the party who was at fault.

2. Six To Twelve Months Following The Accident

The next six months after sending the demand letter will involve filing a lawsuit with the courts. A lawsuit’s filing involves:

  • Serving the court documents to the defendants.
  • Defendant responses.
  • Sending questions about the case.
  • Additional investigations

3. Approximately One To One And A Half Years After The Accident

This period involves the phase known as “discovery.” Activities during this time frame include:

  • Attorneys for each party take testimony from the victims and witnesses.
  • Conducting independent medical examination
  • Additional expert witness depositions

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4. A Year And A Half To Two Years After The Accident

Additional inquiries and discussions characterize this period, and occasionally a trial may be necessary. Activities carried out during this time may include:

  • A court settlement between the two parties may be reached through mediation.
  • When mediation is unsuccessful, the trial is frequently the last option.
  • Compensation usually follows a successful trial or mediation process by about a month.

Things That Could Delay The Processing Of Your Injury Claim

The following two elements significantly affect how quickly personal injury claims are processed:

  • The extent of your injury and the take it will take to reach the Maximum Medical Improvement (MMI). MMI is the point at which your injuries are fully healed, your damages can now be calculated, and the claim is filled.
  • How long the negotiations take will be heavily influenced by the value of your claim.

The National Highway Traffic Safety Administration’s FARS Encyclopedia estimated 38,824 motor vehicle accident casualties in 2020. The statistics are important in educating the general public about the legal procedure for submitting a personal injury case.

Our car accident attorneys have handled many personal injury cases; they can advise you on what to anticipate during your legal ordeal and assist you in getting your claim resolved as quickly as possible. Call us right away if you are involved in an accident.