June 30, 2023

How Long Does it Take to Settle a Personal Injury Case in California?

Short answer: The average time it takes to settle a personal injury case in California is approximately 3-9 months. For simple, straightforward cases with minor injuries and clear liability, the insurance company can be willing to settle in a few weeks. However, most cases generally take several months or even over a year to resolve depending on case complexities and parties involved.

Common Settlement Timelines of California Personal Injury Cases

Complexity of Case	Average Time to Settle
Simple Injury Case	Approximately: 2 weeks – 3 months
Moderate Injury Case	Approximately: 3 months – 12 months
Complex Injury Case	Approximately: 12 months – 24 months+

One of the only ways to get an accurate timeline estimate is to consult with a qualified California personal injury attorney.

What Will Make a Case Settle Faster?

Generally, when your personal injury case involves some of the aspects below, it can settle faster:

• Minor injuries
• Documentation of evidence
• Insurance companies aren’t contesting liability
• You are not the at fault party
• You or an attorney are demanding a reasonable settlement

It’s important to note that personal injury settlements can be prolonged or unsuccessful if the insurance adjuster is pushing a low settlement offer.

This often occurs when an injured individual tries to handle the case alone, but having an experienced personal injury lawyer can often lead to fair negotiations with insurance adjusters.

Why Settling Quickly Isn’t Always a Good Thing

Obtaining a quick settlement for a personal injury case is rather easy, but it’s uncommon to receive a fast and fair settlement.

Insurance companies prefer quick settlements because they can offer you significantly less money. This tactic is a typical and manipulative move that is extremely common for insurance companies to utilize. If you want to receive the full amount you deserve, it’s rare to settle quickly.

Knowing this, there are rare instances where you can receive the full value of your case quickly, and it’s important to recognize these situations.

Fast settlements in personal injury cases can happen when values of cases exceed insurance policy limits of the person who caused injury.

For instance, if the person who harmed you has an insurance policy limit of $30,000, but your injuries are worth more than that, the insurance company might pay you the $30,000 extremely quickly. Since this is the maximum the insurance company will pay, accepting this type of personal injury settlement can be smart.

What Will Make a Case Take Longer?

Generally, when your personal injury case involves some of the aspects below, it can take longer to settle:

• Factual or legal issues with your case
• Your injuries are severe
• Cases with multiple parties
• Disputed liability
• Extensive medical treatment and rehab
• The projected personal injury settlement could be large

Each injury case is unique. This list of potential factors prolonging a case is not exhaustive.

Common Tactics By Insurance Companies to Lengthen a Settlement Timeline

Insurance companies have several tactics they may employ to delay the personal injury settlement process:

1. Delaying the Claims Process

• Slow Response Times: Insurance companies may take weeks or even months to acknowledge a claim, delaying the initial stages of the process.
• Requesting Excessive Documentation: They may demand a large number of medical records, police reports, and other documents, often requesting additional information even after receiving initial submissions.

2. Lowball Offers

• Underestimating Damages: Insurance adjusters may offer significantly less than the actual value of the claim, hoping to force a quick settlement.
• Ignoring Future Costs: They may not account for future medical expenses, lost wages, and pain and suffering, leading to underpayment.

3. Denying Liability

• Challenging Fault: Insurance companies may dispute the cause of the accident or argue that the injured party was partially or fully at fault.
• Requiring Extensive Investigations: They may prolong the process by conducting lengthy investigations to find reasons to deny the claim.

4. Delaying Negotiations

• Avoiding Communication: Insurance adjusters may be unresponsive to phone calls, emails, or letters, making it difficult to move forward with negotiations.
• Scheduling Conflicts: They may schedule meetings at inconvenient times or repeatedly reschedule, causing delays.

5. Refusing to Settle

• Forcing Litigation: Insurance companies may refuse to settle a fair claim, forcing the injured party to file a lawsuit.
• Dragging Out the Legal Process: They may use legal tactics to delay court proceedings, such as filing motions and appeals.

Why Cases That Go to Trial Take Longer

1. Complex Legal Procedures

• Discovery Phase: This phase involves gathering evidence, which can be time-consuming, especially in complex cases with multiple parties or extensive medical records.  
• Motion Practice: Attorneys may file various motions, such as motions to dismiss, motions for summary judgment, or motions to compel discovery. These motions require legal briefs, responses, and court hearings, extending the timeline.  
• Pre-Trial Conferences: Multiple pre-trial conferences are often scheduled to discuss case management, scheduling, and potential settlement opportunities.  

2. Court Backlogs

• Overburdened Courts: Many jurisdictions have a high volume of cases, leading to significant backlogs. This can result in long wait times for trial dates.
• Scheduling Conflicts: Coordinating schedules for judges, attorneys, witnesses, and jurors can be challenging, leading to delays.  

3. Lengthy Trials

• Complex Testimony: In cases involving serious injuries or complex factual disputes, witness testimony can be lengthy and detailed.
• Expert Witnesses: Expert witnesses may be called to provide specialized testimony, which can also add to the trial duration.
• Jury Deliberations: The jury may take significant time to deliberate, especially in complex cases with multiple damages claims.

4. Appeals Process

• Post-Trial Motions: The losing party may file post-trial motions, such as motions for a new trial or a judgment notwithstanding the verdict.  
• Appeals: If a motion is denied or the verdict is unfavorable, the losing party may appeal the judgment to a higher court, further extending the timeline.

Expediting the Personal Injury Settlement Process

One of the best ways to expedite receiving your California personal injury settlement, is to hire an experienced attorney who can navigate the complex legal process efficiently.

Once you hire one, gather strong evidence, such as medical records and police reports, and be proactive in providing information to your attorney and the insurance company.

Consider mediation as a faster alternative to litigation if necessary. While patience is crucial, remaining persistent can help ensure a fair settlement.

Frequently Asked Questions

What is the Average Personal Injury Settlement in California?

According to 5 California law firms, the average personal injury settlement can be anywhere from $14,000 – $31,000. These numbers are much different than verdicts people can receive at personal injury trials.

According to Lawsuit Information Center, the average personal injury verdict is approximately $1,600,000 while the median is $150,000.

How are Personal Injury Settlements Paid Out in California?

Insurance companies will issue settlement checks written with your name. Your personal injury lawyer will then review the check to make sure everything looks good.

Under California law, insurance companies must pay and issue checks immediately after each party agrees and accepts the final settlement.

Get in Touch With a Personal Injury Lawyer

LawLinq works with some of the best personal injury lawyers across the entire state of California. If you’d like to get a settlement estimate for your case, reach out to our office today. We’ll get you situated with an attorney who will fight for the maximum amount of compensation possible for your case.