Navigating a personal injury case can be a long and complex process involving medical treatment, discovery, and negotiations. This step-by-step guide outlines what to expect from the initial filing through to a potential trial or settlement. Knowing these stages helps plaintiffs prepare for the duration and requirements of their legal journey.
Disclaimer:
The information provided in this article is for general informational and educational purposes only. It is not intended to constitute legal advice and does not create an attorney-client relationship. Statutes of limitations and legal rights can vary based on specific facts and circumstances. You should not rely on this information without consulting a qualified attorney about your particular situation.
After an accident, almost every client asks the same question:
“How long is this going to take?”
The honest answer is that it depends. Some cases resolve in a matter of months. Others—especially those involving serious injuries, disputed liability, or multiple defendants—can take years. A personal injury case is rarely fast. It is a process, and understanding that process helps set realistic expectations from the start.
Below is a step-by-step breakdown of how a typical personal injury case moves through the California legal system, what happens at each stage, and why delays are common.
Typical timeframe: 3 to 9 months
Before a lawsuit is ever filed, substantial work happens behind the scenes. This phase is driven largely by your medical recovery.
Medical Treatment Comes First
Your case cannot be properly valued until you reach Maximum Medical Improvement (MMI)—the point where your condition has stabilized. Settling too early is risky. Once a case is resolved, you cannot reopen it if new complications arise.
The Demand Package
Once treatment stabilizes, your attorney gathers:
This information is assembled into a formal demand letter sent to the insurance company, outlining the facts, injuries, and a specific settlement demand.
Negotiation
The insurance adjuster will respond—often with a low initial offer. If a fair resolution is reached, the case ends here. If liability is denied or the offer does not reflect the damages, the case moves forward.
Typical timeframe: 1 to 3 months
If negotiations stall, your attorney files a formal Complaint in the appropriate California Superior Court.
Filing Deadlines
In most California personal injury cases, the lawsuit must be filed within two years of the date of injury. Missing this deadline almost always ends the case permanently.
Service of Process
The lawsuit must be personally served on the defendant by a process server. Email or mail is not sufficient.
The Defendant’s Answer
Once served, the defendant has 30 days to file an Answer responding to the allegations.
At this point, the case officially enters litigation.
Typical timeframe: 6 to 12 months (sometimes longer)
Discovery is the most time-consuming and work-intensive phase of a case. Both sides exchange information to evaluate strengths, weaknesses, and risk.
Written Discovery
You will be required to answer written questions under oath (interrogatories) and produce documents, such as:
Depositions
Most clients are understandably nervous about depositions. It helps to understand what they are—and what they are not.
Your deposition matters. If you come across as credible, consistent, and likable, the defense is often more motivated to settle rather than risk a jury hearing your testimony.
Defense Medical Examinations
The defense is typically allowed to have you examined by a doctor they select (often called an “independent” medical exam, though the doctor is hired by the defense). These exams are routine in litigation.
Typical duration: one day (but scheduling can take months)
Before trial, California courts usually require some form of Alternative Dispute Resolution (ADR).
Mediation
Mediation is a private, confidential process with a neutral mediator—often a retired judge. You and your attorney remain in one room; the defense is in another. The mediator moves between rooms attempting to bridge the gap.
Most cases resolve at mediation.
Mandatory Settlement Conference (MSC)
If mediation fails, courts often schedule an MSC shortly before trial. This conference is held at the courthouse with a judge or temporary judge and is one last attempt to resolve the case before trial begins.
Typical duration: 5 to 14 court days
If settlement efforts fail, the case proceeds to trial.
A trial generally includes:
Trials are high-risk for both sides. That uncertainty is one reason most cases settle before reaching this stage.
Why Cases Take Time
Clients often ask why their case is “taking so long.” In most situations, delays are structural—not tactical.
Common reasons include:
These factors are largely outside the injured person’s control.
Frequently Asked Questions
Do most personal injury cases go to trial?
No. Roughly 95–98% of California personal injury cases resolve before a jury verdict. Trials are expensive, unpredictable, and risky for both sides.
What happens right after a lawsuit is filed?
Often, very little at first. It takes time to serve the defendant and receive their Answer. Discovery then begins, which is where the case truly develops.
How long does a personal injury case take in California?
While every case is different, typical timelines are:
Reminder:
This content is for informational purposes only and should not be relied upon as legal advice. Every case is different. If you have questions about your rights or deadlines, consult a qualified attorney promptly.
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