How long a personal injury claim takes

There is no single answer, but there is an honest range. A claim that settles without a lawsuit usually takes several months to about a year after you finish treatment. A claim that has to be filed and litigated usually takes one to three years from the filing date. What follows is where that time goes.

It is general information, not legal advice.

Phase 1: Treatment to a stable point

The claim cannot be valued until your medical condition reaches what doctors call maximum medical improvement — the point where you have recovered or your condition has plateaued and the long-term picture is clear. For a minor injury that can be weeks. For a serious injury, a surgery, or a condition that needs to be watched, it can be a year or more. This phase controls the overall timeline more than any other.

The exception is a low-limits case: if the at-fault driver has minimal coverage that is plainly going to be paid, it can make sense to resolve early rather than wait, once the risks of doing so are understood.

Phase 2: The demand and negotiation

After treatment, the records and bills are gathered, the losses are documented, and a written demand goes to the insurer. The insurer takes time to review it — commonly a month or more — and then responds. A few rounds of negotiation follow. If this produces a fair number, the case settles here, and the money and lien resolution take a few more weeks. This whole phase is often two to six months.

More: demand letters.

Phase 3: Filing suit

If the insurer will not pay a reasonable amount, or the filing deadline is close, a complaint is filed. This does not mean trial. It changes the leverage and starts a process the insurer cannot ignore. The deadline to file is strict and is covered on statute of limitations; a government defendant has an earlier claim deadline, covered on government claims.

Phase 4: Discovery

Both sides exchange written questions and documents, take depositions, and have doctors review the medical file, including a defense medical examination. Discovery is the longest litigation phase — often a year — and it is where most of the real work happens. Many cases settle during or right after depositions, when both sides have seen the evidence.

More: depositions.

Phase 5: Mediation, trial setting, and the five-year rule

Courts usually order the parties to mediation before trial. If mediation does not resolve it, the case waits for a trial date, which depends on the court's calendar. California law generally requires a filed case to be brought to trial within five years, with certain periods excluded. That rule is a backstop; most cases end well before it.

Sources: Code Civ. Proc., § 583.310 (five years to bring an action to trial).

What makes a case longer or shorter

• Longer: serious or disputed injuries, disputed fault, multiple defendants, a government defendant, a crowded court, a defense that litigates hard.
• Shorter: clear fault, a stable and well-documented injury, a cooperative adjuster, limited insurance that will be paid, early resolution of liens.

Common questions

How long will my case take?

A claim that settles before a lawsuit often resolves within several months to about a year after you finish treatment. A case that has to be filed and litigated usually takes one to three years from filing, depending on the court and whether it goes to trial.

Why can’t we settle now?

Because the claim cannot be valued until your medical condition is stable. Settling while you are still treating risks leaving out future care you will need. The main exception is a case where the insurance limit is low and clearly going to be paid.

What is the five-year rule?

Once a lawsuit is filed, California law generally requires the case to be brought to trial within five years, with some time excluded. It is a backstop, not a target — most cases resolve well before then.

Does filing a lawsuit mean we are going to trial?

No. Filing suit is often just the next negotiating step when the insurer will not pay a fair amount. Most filed cases still settle, frequently at or after a mediation or a deposition.