How Long Will My Personal Injury Case Take to Resolve in California?

August 1, 2024

If you have ever filed a personal injury claim, you likely had to wait weeks to hear back from the insurance company. If your claim was approved, you may have ended up waiting several weeks before receiving a settlement check. While the process may have seemed prolonged, insurance companies do have to adhere to certain deadlines.

In California, insurance companies are required to settle a personal injury claim within 85 days of receiving it. The timeline for settling a personal injury claim will depend on the complexity of your case. In this blog, our Santa Barbara personal injury attorneys provide an overview of which factors can shorten or lengthen the timeline to resolve your case.

How Long Does the Insurance Company Have to Respond to My Claim?

Under California Code of Regulations §2695.5(b), the insurance company must acknowledge a claim within 15 days of receipt of the written claim.

Additional California insurance regulations include:

Even though these are the deadlines imposed by law, personal injury cases often take longer to settle based on a myriad of factors. Thankfully, when you work with a Santa Barbara personal injury attorney, you have someone who knows how to streamline the process. An attorney will negotiate with the insurance company on your behalf to make sure that you receive a just settlement in a reasonable amount of time.

Factors That Affect the Timeline in a Personal Injury Settlement

The amount of time it takes a personal injury case to settle will depend on several factors:

Severity of Your Injuries

If you suffer severe injuries, that typically means that your recovery time will be extended. An experienced personal injury attorney will advise you not to settle your case until you have reached maximum medical improvement (MMI). This is the point at which a physician will determine that you will no longer make any significant physical improvements. Once you have reached MMI, it will be easier to estimate future medical expenses and diminished earning capacity (if applicable).

Amount of Relevant Evidence

Availability of evidence is key to settling a personal injury case sooner rather than later. An accident that has scarce evidence will usually take longer to resolve. On the other side, a case that has large amounts of evidence will take longer to investigate.

Factual or Legal Issues

If there is a discrepancy between the two parties’ stories, then the time it takes to settle your personal injury case will likely take longer. If the discrepancy is a genuine issue of material fact, meaning that the fact bears weight on the case outcome, then the issue will warrant further investigation.

Legal issues can stall a settlement as well. This could pertain to an insurance company contesting liability. Another legal issue would be if you miss the statute of limitations. In California, you only have two years to file a personal injury lawsuit following your injury. In many cases, if you miss the deadline, you will be barred from recovery.

However, there may be exceptions in your case that allow that deadline to be extended, a process known as tolling the statute of limitations. Unfortunately, proving that you meet one of the exceptions will most certainly stall your settlement timeline.

Tenacious Representation from a Santa Barbara Personal Injury Attorney

If you or a loved one have fallen victim to a personal injury, our legal team is here for you. We understand the impact that a personal injury can have on your life. We will not stop fighting until you receive the compensation that is owed to you. To schedule your free case evaluation, contact us by phone or by completing our online contact form.