Answer FilePersonal Injury

How long does a personal injury case take in California?

The answer, cited

Several months to several years, depending on whether the claim settles or goes to suit. California insurers must accept or deny a claim within 40 days of receiving proof of claim under the Fair Claims Settlement Practices Regulations (10 Cal. Code Regs. § 2695.7); filed lawsuits then follow the superior court's civil calendar, often 12 to 24 months to trial.

No statute fixes how long a California injury case takes; the timeline is driven by medical treatment, insurance deadlines, and the court calendar. Claims usually begin in earnest after treatment stabilizes, because damages cannot be fairly valued until the injury's course is known. Once a demand with proof of claim is submitted, 10 California Code of Regulations section 2695.7 requires the insurer to accept or deny within 40 days and to pay accepted claims within 30 days. If no settlement follows, a lawsuit must be filed within the two-year period of Code of Civil Procedure section 335.1, and the case enters the superior court's civil track, discovery, mediation, and a trial date commonly 12 to 24 months out, all inside the five-year outer limit to bring a case to trial (Code of Civil Procedure section 583.310). Disputed liability, severe injuries, and public-entity defendants each lengthen the path; early evidence preservation shortens it.

Authority: 10 Cal. Code Regs. § 2695.7

Source: 10 Cal. Code Regs. § 2695.7 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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