There is no set length, but California courts aim to resolve 75 percent of unlimited civil cases within 12 months of filing and all of them within 24 months (rule 3.714). Texas sets an 18-month goal for jury cases. Before any of that, you must file in time: two years in California and Texas, three in Washington.
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How long do I have to file a car accident lawsuit?
The clock starts on the day of the crash in most cases.
| Deadline | California | Texas | Washington |
|---|---|---|---|
| Lawsuit for injuries | 2 years | 2 years | 3 years |
| Claim against a city, county or state agency | 6 months | Notice within 6 months | Claim first, then a 60-day wait |
Sources: CCP 335.1, Government Code 911.2, Tex. Civ. Prac. & Rem. Code 16.003, Tex. Civ. Prac. & Rem. Code 101.101, RCW 4.16.080 and RCW 4.96.020.
Many claims settle with the insurer before a lawsuit is filed. A lawsuit is usually filed when talks stall or the deadline gets close. Our page on settlement timing covers that earlier stage.
What are the stages of a car accident lawsuit in California?
- Filing and service. After the complaint is filed, each defendant must be served and the proof of service filed within 60 days (rule 3.110).
- The answer. The summons gives the defendant 30 days after service to respond (CCP 412.20). The parties may agree to one extra 15 days without asking the court (rule 3.110).
- Discovery. Both sides trade written questions and documents and take depositions. Each party has the right to finish discovery up to the 30th day before the trial date first set (CCP 2024.020). Medical records and doctor testimony take much of this time.
- Opinion witness lists. Once a trial date is set, either side may demand a list of the witnesses each side hired to give opinions, exchanged 50 days before trial or 20 days after the demand, whichever is closer to trial (CCP 2034.230).
- Settlement conference. If the court sets a mandatory settlement conference, each party files a statement no later than five court days before it (rule 3.1380).
- Trial. A case must be brought to trial within five years after it starts, or it can be dismissed (CCP 583.310).
What makes a car accident lawsuit take longer?
When a judge sets the trial date, California asks the court to weigh many factors, including the type and subject of the case, how complex the issues are, the schedules of the parties and lawyers, and the number and location of witnesses (rule 3.729). In real cases, these things add time:
- Ongoing treatment. Lawyers often wait until a doctor can say what care you will need in the future.
- More than one defendant. A second driver, a trucking company or a car maker adds lawyers and schedules.
- A government defendant. The claim step comes first, before any lawsuit.
- Disputed fault. When both drivers blame each other, more depositions and hired witnesses are needed.
- A busy court. Trial calendars vary by county.
Do most car accident lawsuits settle before trial?
Most civil lawsuits end without a trial. The Napa County Superior Court says so directly when it explains mediation (Napa Superior Court). A settlement can happen at any stage, often after key depositions or at mediation.
When a case settles, the plaintiff must notify the court right away and, for an unconditional settlement, file a request to dismiss the whole case within 45 days (rule 3.1385). Payment generally comes after releases are signed and any medical liens are addressed.
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How long does a car accident lawsuit take in Texas and Washington?
Texas courts are told to bring civil jury cases to trial or final disposition within 18 months of the appearance date, and nonjury cases within 12 months, as far as reasonably possible (Texas Rules of Judicial Administration, rule 6.1). Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Washington gives you more time to file, three years, but a claim against a local government must be filed first, and no lawsuit can start until 60 days after it is presented. Trial dates in Washington are set by each county’s court schedule.
What happens if the case goes to trial and someone appeals?
After judgment, a notice of appeal in California is generally due 60 days after the notice of entry of judgment is served, and never more than 180 days after entry of judgment (rule 8.104). An appeal can add a long wait before money is paid.
What to do now
- Write down the date of the crash and count the deadline for your state.
- If a city bus, police car or road defect was involved, ask a lawyer about the government claim right away.
- Keep every medical bill, record and receipt.
- Follow your treatment plan. Gaps in care can be used to question your injuries.
- Do not post about the crash or your injuries online.
- Ask your lawyer for the trial date once it is set, and mark the settlement conference.
Questions about your car accident lawsuit
Call Beverly Law at (310) 552-6959 for a free case review in English or Spanish. You owe no fees or costs unless we win. Read more in our personal injury questions section and our car and truck accident questions page.
Common questions
Can a car accident lawsuit be resolved in less than a year?
Yes. Some cases settle within months of filing, especially when fault is clear and treatment is finished.
Why would my lawyer wait before filing?
To learn the full cost of your injuries. Settling or going to trial before you know your future care can leave money on the table, but never let the filing deadline pass.
Does going to mediation speed things up?
Often. Mediation can settle a case months before trial.
What if the other driver has no insurance?
Your own uninsured motorist coverage may pay. In California, if you and your insurer disagree, the claim goes to arbitration instead of a lawsuit.
Will I have to go to court?
Most civil cases end without a trial, so many clients never testify in court, but you will likely give a deposition. Our page on what happens at a deposition explains that step.
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Related pages
Personal Injury Questions · How long does a car accident settlement take? · How long does a truck accident lawsuit take? · What happens at a deposition? · How long after a car accident can you sue? · What happens if you lose a car accident lawsuit? · Law Blog
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Sources
- Cal. Rules of Court, rule 3.714
- Cal. Rules of Court, rule 3.110
- Cal. Code of Civil Procedure 412.20
- Cal. Code of Civil Procedure 2024.020 (Civil Discovery Act, chapter 8)
- Cal. Code of Civil Procedure 2034.230 (expert witness exchange)
- Cal. Rules of Court, rule 3.729
- Cal. Rules of Court, rule 3.1380
- Cal. Rules of Court, rule 3.1385
- Cal. Code of Civil Procedure 583.310
- Cal. Rules of Court, rule 8.104
- Superior Court of Napa County, Voluntary Mediation
- Cal. Code of Civil Procedure 335.1
- Cal. Government Code 911.2
- Tex. Civ. Prac. & Rem. Code chapter 16 (16.003)
- Tex. Civ. Prac. & Rem. Code chapter 101 (101.101)
- Texas Rules of Judicial Administration (rule 6.1), effective July 1, 2026
- RCW 4.16.080
- RCW 4.96.020
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.