This is the question almost every client asks first, and the honest answer is that it depends on things you can influence and things you cannot. What follows is the actual sequence, and where the time goes.
Phase one: treatment
Nothing meaningful can be demanded until your medical picture is clear. That is not a delay tactic, it is the whole foundation of the claim. Settling before you know whether you need surgery, or whether a symptom is permanent, closes the claim for those consequences too.
For a soft tissue injury that resolves, this phase might be a few months. For an injury requiring surgery, or a brain injury where neuropsychological testing is needed, it can run a year or more. This phase is usually the longest single stretch, and it is driven by your body rather than by any lawyer.
Phase two: records and demand
Once treatment stabilizes, records and bills are gathered from every provider. Providers are frequently slow, and this step regularly takes longer than clients expect. A demand package is then assembled and sent to the insurer.
Insurers typically take several weeks to respond substantively. Negotiation follows. Many claims resolve here, without a lawsuit.
Phase three: filing suit
If the insurer will not pay a reasonable amount, a complaint is filed. The deadline for filing is generally two years from the date of injury under Code of Civil Procedure § 335.1.
There is a much shorter deadline that catches people out. If a public entity may be responsible, for example where a road defect or a government vehicle was involved, a written claim generally must be presented to that entity within six months under Government Code § 911.2. Missing that window can end an otherwise strong case.
Phase four: litigation
Once suit is filed, the case moves through written discovery, document exchange, depositions, and expert disclosure. This phase is measured in months and is driven substantially by the other side’s pace and the court’s calendar.
Most cases still settle during this phase, often at mediation.
Phase five: trial
A minority of cases reach trial. Court congestion affects when a trial date is available, and dates are commonly continued.
What actually makes a case take longer
- Ongoing or uncertain treatment. Necessary, but it extends phase one.
- Disputed liability. Where fault is contested, the case takes longer and is more likely to require suit.
- Multiple defendants. More parties means more discovery and more scheduling.
- Coverage disputes. Arguments about which policy applies, which are common in rideshare cases.
- Liens. Health insurers and providers with reimbursement rights must be resolved before money is distributed.
What speeds it up
Consistent treatment without gaps, prompt responses to your attorney’s requests for information, and not giving a recorded statement that has to be worked around later. Those are the parts you control.
No lawyer can responsibly promise a timeline, and you should be cautious of any who does. If you want a realistic assessment of your own case, call (213) 800-0706. We handle claims throughout California, including Glendale and the San Fernando Valley.
Rough ranges, with the caveat that matters
These are general patterns, not predictions about your case, and any individual matter can fall well outside them:
- Claims that settle without suit often resolve within several months to about a year after treatment stabilizes. The treatment period itself sits on top of that.
- Claims requiring a lawsuit generally run longer, because discovery, depositions and expert work are measured in months and the court’s calendar controls the pace.
- Claims that reach trial take longest, and trial dates are frequently continued for reasons that have nothing to do with your case.
The single biggest variable is not the legal process. It is how long your body takes to reach a stable point where the injury can be accurately described.
Why faster is not always better
Insurers sometimes offer a quick settlement early, occasionally within days. That offer is cheap for them precisely because nobody yet knows what the claim is worth. If you accept it and later need surgery, the claim is closed. You cannot reopen it.
The exception is genuine financial hardship. If you cannot pay rent while waiting, say so early. There are sometimes options, including medical treatment on a lien so that you can get care without paying up front, and those options work better when raised early rather than as a crisis.
What happens if the deadline is approaching
If the two year deadline under Code of Civil Procedure § 335.1 is close and the claim has not resolved, a lawsuit is filed to preserve it. Filing does not mean the case goes to trial. Most filed cases still settle. It simply stops the clock and keeps the claim alive.
The six month government claim deadline under Government Code § 911.2 is the one that most often causes permanent damage, because it arrives while a family is still focused on treatment. If any government vehicle, road, sidewalk or public property may be involved, that clock should be identified in the first weeks.
About the author. Joshua B. Adelpour is the founder of Not My Fault Law Group, APC, a California personal injury firm based in Woodland Hills. He is licensed by the State Bar of California, Bar No. 318226, and spent nearly a decade defending insurance companies in civil litigation before opening the firm. Call (213) 800-0706 for a free consultation. There are no attorney’s fees unless we win.
This article is general information about California law and is not legal advice. Reading it does not create an attorney client relationship. Every case depends on its own facts.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in California?
Generally two years from the date of injury under Code of Civil Procedure section 335.1. If a public entity may be responsible, a written claim usually must be presented within six months under Government Code section 911.2.
Why can we not settle right away?
Because a settlement closes the claim permanently. Until treatment stabilizes, nobody knows what the claim is actually worth, and settling early can leave future surgery or permanent symptoms uncompensated.
Do most personal injury cases go to trial?
No. Most resolve through negotiation or mediation, either before a lawsuit is filed or during litigation. A minority reach trial.