You may be experiencing uncertainty if you are hurt in an accident or due to someone else's negligence. In addition to the physical suffering and emotional strain, the financial burden of accumulating medical bills and lost income may be too much. During this period, you could wonder how long it would take to settle your personal injury case and get the compensation you deserve.
Although each case differs, a simple personal injury settlement in California can be achieved within three to nine months. However, moderate injuries often require between nine and eighteen months to resolve. When you need to file a formal lawsuit due to the insurance company refusing to provide a fair settlement on your case, it can take one to three years, and in some complex cases, it may take even longer.
This broad spectrum is predetermined by several particular factors that regulate the speed of your claim. This guide will expound on these factors, take you through the step-by-step process of a personal injury claim, and give you the realistic expectations you should have to navigate your case.
The Key Factors That Could Control Your Case Timeline
You might believe that the duration of your personal injury case is determined by fate, but it is not a game of chance. However, the length is motivated by three significant variables that establish the structure of any claim. These forces will make you realize where your case lies in the spectrum and why a one-size-fits-all answer is impossible.
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The Severity and Complexity of Your Injuries
The nature of your injuries is the most critical determinant of your personal injury case duration. A minor injury case that has a brief recovery can be solved within a relatively short time.
But in case you have sustained catastrophic or severe injuries, like a traumatic brain injury, spinal cord injury, or extensive fractures that need surgical repair, your case will automatically be more time-consuming. This can be explained by a critical legal and medical notion called Maximum Medical Improvement, or MMI.
The point where your physician determines that you have reached a state of maximum medical improvement and are not likely to improve further with further treatment is known as maximum medical improvement. The achievement of MMI is an essential milestone, since only then can you and your legal team understand the long-term effects of your injuries.
The settlement negotiations that may occur before you achieve MMI will be speculative. Premature settlement may result in you being left to pay out of pocket for future surgeries, continuing physical therapy, or other medical requirements that were not foreseen.
A seasoned lawyer will always tell you to wait until you have attained MMI so that all potential future expenses, including medical expenses, lost earning capacity, and long-term pain and suffering, can be appropriately estimated and added to your settlement demand.
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The Clarity of Liability and Case Complexity
The next important thing that will affect your timeline after the severity of your injuries is the complexity of your case, in terms of who was at fault. In a simple accident where there is no doubt that the party at fault is the defendant, for example, you were rear-ended at a red light and the other driver acknowledged it in the police report, the process can proceed much faster. The insurance company can do little to disagree on the issue of responsibility.
The timeline, however, can be extended when there is a dispute of liability. If the other party refuses to admit that they were wrong, or even worse, if they assert that you were partly wrong, your lawyer will be required to conduct a detailed investigation to demonstrate negligence. This may include compiling evidence, interviewing witnesses, and contracting accident reconstruction professionals.
It is even more complicated when several defendants are involved; for example, in a multi-vehicle pile-up or a commercial truck collision, the driver, the trucking company, and a maintenance provider may all have a part to play. On the same note, special procedural rules and shorter deadlines in cases against government entities, such as a city or Caltrans, further complicate the instances.
It is also time-consuming to prove that you have suffered substantial economic and non-economic damages and pain and suffering. It must be carefully documented and may sometimes involve expert testimony by economists or life care planners to estimate future losses.
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The Insurance Company's Response and Tactics
You should know that the at-fault party's insurance company does not represent you. It is a business whose main objective is safeguarding its bottom line by ensuring it pays out less money in claims. The actions of the insurer can thus significantly affect the timing of your case.
Although California's Fair Claims Settlement Practices Regulations compel insurance companies to recognize a claim within 15 days and accept or reject it within 40 days of receiving evidence, these regulations do not stop insurance companies from employing delay tactics in the negotiation process.
Another tactic that is most frequently used is the unreasonable lowball settlement offer immediately after the accident. The insurer is aware that you are in a precarious situation and hopes you will take the fast money because you are desperate to do so, thus sealing your claim at a fraction of its actual worth. Other delay methods encompass:
- Asking to see unnecessary documentation repeatedly
- Challenging the need for your medical treatments
- Just not responding to communications promptly
These strategies are meant to drain you and coerce you into giving up on your claim or getting less than what you are worth. A non-cooperative insurer may transform a simple case into a long struggle, and it may be required to bring a lawsuit to make the insurer negotiate in good faith.
The Step-by-Step Journey of a California Personal Injury Claim
It is worth demystifying the legal process to make you feel more in control. A personal injury claim is a logical process, and knowing each step can give you a clear guide of what to expect. One of the most important rules that one should remember during this journey is the statute of limitations.
The California Code of Civil Procedure 335.1 provides that you usually have two years to bring a lawsuit after your injury in California. This, however, is a very short period when you are claiming against a body of government; in such a case, you have only six months to make a formal claim. Failure to meet these deadlines may forever prevent you from recovering damages; hence, it is essential to seek the services of an attorney as soon as possible.
Post-Accident and Initial Investigation (First Weeks to Months)
Your health should be your number one priority in the immediate aftermath of your accident. You ought to pursue an in-depth medical assessment immediately, regardless of whether you think your injuries are not serious. Not only does this start you on the road to recovery, but it also establishes an official medical record that connects your injuries to the accident- a key piece of evidence.
The next thing you should do is to meet with a qualified personal injury lawyer. In this first step, your legal team will initiate an investigation to conserve evidence, which may involve acquiring the official police report, taking pictures of the accident scene and your injuries, and finding and interviewing witnesses. This background work lays the foundation you will rely on in the further steps.
Medical Treatment and Reaching Maximum Medical Improvement (MMI) (3-12+ Months)
The following stage is usually the most time-consuming and is directed by your medical requirements. The only thing that you need to do during this period is to concentrate on recovery. You should visit all the doctor appointments, do physical therapy, and stick to any treatment plan.
As you have seen above, your attorney will track your progress as you strive to achieve Maximum Medical Improvement (MMI). This waiting time is not a delay but an essential step in ensuring that your ultimate settlement demand is comprehensive and accurate. Until this stage is accomplished, no legitimate settlement negotiations can commence, because the full amount of your damages is unknown.
Demand and Pre-Litigation Negotiations (1-6 Months post-MMI)
When you arrive at MMI, your lawyer will be able to see the complete picture of your damages. Then they will prepare a formal settlement demand package. It is a full-fledged document that outlines the facts of your case, proves the other party's liability, and gives detailed, exhaustive documentation of your losses.
It will also encompass all your medical bills, evidence of lost wages, and a calculation of your non-economic damages, including pain, suffering, and emotional distress. The at-fault party's insurance company receives this demand package, and the negotiation process formally begins.
The insurer will look at the demand and counteroffer, which is nearly always much lower. This starts a phase of give-and-take negotiation, in which your lawyer will represent you to achieve a reasonable settlement. A lot of simple cases are resolved at this stage.
Filing a Lawsuit and The Litigation Process (1-3+ Years, If Necessary)
If the insurance company is unwilling to negotiate in good faith or offer a reasonable offer, your attorney will advise that you file a personal injury lawsuit. You should realize that when you file a lawsuit, it does not necessarily imply that your case will be tried. Indeed, more than 95 percent of all the personal injury cases filed never make it to a court verdict. This potent strategic instrument transforms your claim into a more formal and organized procedure, making the insurance company take your case more seriously.
Some stages are unique to this litigation process. The initial one is the discovery that may take six to twelve months. In discovery, evidence is formally exchanged by both parties in written questions known as interrogatories and document requests. The deposition is the most critical phase of the discovery, and you and other key witnesses will be asked questions under oath by the opposing attorneys.
After being discovered, your case will probably be subjected to mediation. It is an official settlement meeting during which both parties meet with a third party with the help of a neutral mediator. Should all these efforts to settle be unsuccessful, your case will be tried, which may extend the time frame by another year or more due to the court backlog and preparation.
Consequences of Hasty Settlement And Why Forbearance Is Your Best Resource
Taking a fast settlement offer with an insurance company can be tempting when you are injured, out of work, and facing mounting bills. You have to know it is a planned strategy. The systematically low early settlement offers are intended to settle your case before the full scope of your damages is known. The insurer is gambling on your financial hardship to coerce you into a move that favors them, not you.
You should know that your case is closed forever once you sign a settlement and take a check. You give up all claims to further compensation on that incident, permanently. In case it happens that your injuries are more serious than you thought, and you need some unexpected surgery a year later, you can no longer go back and demand more money.
That is why patience is your best asset in a personal injury claim. Waiting until you have reached MMI and letting your attorney develop a solid case and negotiate strategically will ensure that your end settlement will consider all your past, present, and future needs. A fast, lowball bid and a future of financial security, or suffering, may be the difference between a lowball bid and a well-considered, negotiated settlement.
Frequently Asked Questions (FAQs)
Handling a personal injury claim can leave you full of questions. Some of the most frequent questions are answered below to give you a better understanding and a sense of calmness.
What is the time limit for filing a personal injury claim in California?
As stated, the California statute of limitations usually provides two years after the time of your injury to initiate a lawsuit. Nevertheless, it is a deadline that you should never come close to. Evidence is lost, memories of witnesses fade, and delay can weaken your case.
Moreover, in the case of a governmental body, you get a much more limited deadline of just six months to submit an official claim. It is always advisable to seek the services of an attorney as soon as you have had an accident to ensure that your rights are not violated and that all the critical deadlines are observed.
Can I settle my case more quickly?
Although there are several things that you cannot control in terms of the timeline, you can certainly contribute positively to the effective movement of your case. The best things you can do are to communicate with your attorney's office regularly, submit all the requested documents and information promptly, and not miss any of the medical appointments scheduled for you.
Moreover, maintain good documentation on all expenses that are related to accidents. By not wasting time on your part, you enable your legal team to represent you in the best way possible and avoid letting the insurance company use any loopholes in your treatment to deny your claim.
Why do some injury lawsuits take more than two years?
In cases of personal injury beyond the two-year limit, it is nearly certain that the case has gone through the formal litigation process. This occurs due to several reasons: your injuries were severe, and it took a long time of medical care to achieve MMI.
The liability question was complicated and hotly contested, the insurance firm was uncooperative and unwilling to offer a reasonable deal, or the case needed a lot of discovery and multiple expert witnesses.
The court schedule also significantly impacts the timeline once a lawsuit is filed. In high-traffic jurisdictions such as Los Angeles County, the congestion of a court may cause a long delay in obtaining a trial date, moving the ultimate resolution even further into the future.
Consult a Los Angeles Personal Injury Law Firm Near Me
The claims process of personal injury is lengthy and cumbersome. You should understand that insurance companies hope you will grow weary of waiting. However, you do not need to go through this challenge alone. The insurance company employs a team of lawyers and adjusters to defend its interests and reduce your claim; therefore, you need a strong and experienced personal injury claim. They could assist you in knowing what your rights are, what your options are, and what you should expect on the road ahead.
At The LA Personal Injury Law Firm, we know how physically, emotionally, and financially devastating an unexpected injury can be. We have come to relieve you of the burden so that you can concentrate on your recovery. We will handle the complicated legal schedule, battle the insurance company red tape, and always keep you updated.
If you are injured in Los Angeles, California, due to another person's negligence, call us at 310-935-0089 or visit our website to schedule a free, no-obligation consultation.
