One of the most common questions injury victims ask after a car accident, slip-and-fall, dog attack, or serious injury is:
“How long will my personal injury case take?”
The answer depends on the severity of the injury, the length of medical treatment, the willingness of the insurance company to negotiate, and whether the case requires litigation or trial. While every case is unique, most personal injury claims in California follow a predictable timeline.
Below is a clear, straightforward breakdown of what injury victims can expect, from the first medical visit to the final resolution.
Step 1: Medical Treatment and Recovery (1–12 Months or More)
Before a lawyer can pursue compensation, you must first reach maximum medical improvement (MMI) or close to it. This ensures your legal team understands:
The full extent of your injuries
Whether future care is needed
Long-term disability or impairment
Total medical damages
During this phase, victims often consult with a car accident lawyer in Irvine or a slip and fall accident lawyer in Irvine to begin protecting their rights, even while still in treatment.
Step 2: Investigation and Evidence Gathering (2–8 Weeks)
Your attorney will collect the evidence needed to build your claim, including:
Medical records
Bills and diagnostic imaging
Police reports
Witness statements
Photographs and videos
Expert evaluations (if needed)
This phase may also include analysis by accident reconstructionists or consultations with specialists in traumatic injuries, particularly in cases involving a brain injury lawyer in Irvine or catastrophic harm.
Step 3: Demand Letter and Negotiation (1–3 Months)
Once medical treatment stabilizes and evidence is collected, your lawyer prepares a demand package. This document outlines:
Liability
Injuries
Damages
Economic and non-economic losses
Future medical needs
The amount you are seeking
Insurance companies often respond within 30–60 days, though some delay the process intentionally. Straightforward cases may settle during this phase. More complex matters—such as those needing a truck accident attorney in Orange County—may require additional negotiations.
Step 4: Filing a Lawsuit (12–18 Months)
If the insurance company refuses to negotiate fairly, your attorney will file a lawsuit. Litigation significantly extends the timeline because it includes:
Service of the complaint
Attorney exchanges
Discovery
Depositions
Motions and hearings
Even after filing suit, many cases still settle before trial. However, lawsuits involving catastrophic injuries, disputed liability, product defects, or incidents requiring expert testimony—such as those handled by a wrongful death lawyer in Orange County—may require a more intensive litigation schedule.
Step 5: Discovery Phase (6–12 Months)
Discovery is the formal exchange of information between both sides. This includes:
Depositions
Written questions (interrogatories)
Document production
Expert analysis
Independent medical examinations
This is one of the most time-intensive stages of a personal injury case. Insurance companies often prolong discovery to reduce payouts or pressure victims into early settlement.
Step 6: Mediation or Settlement Conference (1 Day to Several Weeks)
Most California courts strongly encourage mediation, where a neutral mediator attempts to help both parties reach an agreement. Many cases resolve at this stage—especially when the evidence is strong.
Cases involving a truck accident attorney in Orange County, car accident lawyer in Irvine, or slip and fall accident lawyer in Irvine often settle here if liability is clear and injuries are well-documented.
Step 7: Trial (2–10 Days, Usually Scheduled 18–24 Months After Filing)
If mediation fails, the case proceeds to trial. Personal injury trials in California typically last a few days to two weeks, depending on:
Number of witnesses
Expert testimony
Severity of injuries
Complexity of liability
Trial preparation is extensive, and trial dates may be delayed due to court congestion. Still, trial-ready law firms typically secure stronger settlements because insurance companies know they are prepared to present the case to a jury.
Overall Timeline Summary
Most California personal injury cases resolve in:
8–14 months for moderate injuries
12–24 months for serious injuries or litigation
18–36 months for catastrophic injury, wrongful death, or complex liability cases
Every case is different, and timelines depend heavily on medical recovery, liability disputes, available insurance coverage, and whether the matter proceeds to litigation or trial.
When to Speak With an Attorney
If you were injured in a car accident, slip-and-fall, trucking collision, dog attack, or other serious incident, it is important to speak with a lawyer as early as possible. Prompt representation protects evidence, ensures proper documentation, and prevents insurance companies from taking advantage of you.
In tragic circumstances involving loss of life, families may wish to consult a wrongful death lawyer in Orange County early in the process to preserve critical evidence and understand what compensation may be available.
About the Author
Yoshiaki C. Kubota is a senior trial attorney and founding partner of Kubota & Craig, PC, a National and Regional Tier 1 personal injury law firm in Irvine, California. Recognized by Best Lawyers in America and repeatedly selected as a Southern California Super Lawyer, he represents clients throughout Orange County in complex injury, catastrophic harm, wrongful death, and motor vehicle accident cases.
