When you have injuries and are unable to work to earn the money you need to meet obligations, waiting for a personal injury case to pay you is challenging. How long does it typically take to settle a personal injury case in California? It could take a few months to a few years, depending on the specifics of your situation. A San Diego personal injury attorney can assist with your claim.
Factors that Contribute to the Length of a Personal Injury Case in California
There are several key considerations that could play a role in whether you can settle your personal injury case in California quickly or not. Some of those factors include:
- Whether the insurance company agrees with your losses, settling outside of court may take just a few months if everyone is in agreement. Your attorney will negotiate to some degree for you.
- How extensive your injuries are. If you have ongoing injuries, permanent losses, or losses not yet fully understood, it takes longer to build a case and file a claim. There often are more back-and-forth negotiations as well.
- The value of your case. The more expensive your case is to the insurance company, the more likely they are to take longer to settle it.
In each situation, your attorney can offer insight into what to expect in settling your personal injury case in California.
Key Timeline Expectations for Serious Personal Injury Cases in California
As noted, every case is different. The following are some basic guidelines of what you could expect.
- First six months: Most often, this is when victims are healing, and the initial investigation takes place. Medical records, interviewing witnesses, and gathering other evidence are necessary. Then, your attorney sends a demand letter for the losses you incurred.
- 6 to 12 months: During this time, the court receives legal documents, and the defendant receives time to respond. Both sides will exchange interrogatories, gather information, and make decisions about how to proceed. Some cases settle within this timeframe.
- 12 to 18 months: If the case goes to court, you can expect this period of time to be necessary to prepare and wait for that opportunity. Depositions occur, an independent medical examination may happen, and expert witnesses testify.
From here, the case can go to mediation, in which a third party offers insight and instruction to bring both parties to a conclusion. Otherwise, a trial occurs, which can take four or more days to navigate. In this case, a judge or jury decides who is at fault and the settlement rights of that victim. It can take 30 days after this to receive your settlement.
While it may take some time to get the settlement you deserve, it is critical that you have an attorney to guide you. Your attorney will do anything possible to speed up the process without jeopardizing your right to compensation. By providing robust evidence and having key negotiation skills, your attorney may be able to help you maximize your compensation in the shortest amount of time possible. Call The Law Office of Jared J. Drucker, APC, today to schedule a free consultation.