By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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What is the typical timeline for a personal injury case?
A typical case moves through treatment, a demand to the insurer, negotiation and, if needed, a lawsuit. Each phase has its own pace. The table below shows common ranges based on how these cases usually unfold. Your case could be faster or slower, and no lawyer can honestly promise a date.
| Phase | Typical range (not a promise) | What controls it |
|---|---|---|
| Medical treatment | A few weeks to a year or more | How serious the injury is and when your doctors say you have reached maximum improvement |
| Gathering records and sending the demand | About 1 to 3 months after treatment ends | How fast providers send records and bills |
| Insurer review and negotiation | About 1 to 4 months | Insurer deadlines, the size of the claim and policy limits |
| Lawsuit through trial | Often 1 to 3 years after filing | Discovery, experts, the court’s calendar and the number of defendants |
| Getting paid after settlement | Often a few weeks | Release, insurer payment and lien resolution |
For case-specific timelines, see how long a car accident settlement takes, how long a truck accident lawsuit takes and how long a slip and fall case takes.
Why should I finish medical treatment before settling?
Because a settlement is usually final. Until your doctors know whether you need surgery, injections or long-term care, nobody can put an honest number on the claim. Settling early can be faster, but it often means giving up money for care you later need and cannot recover.
Doctors often talk about maximum medical improvement, the point where your condition has stabilized. Some people get there in weeks. Others with spine, brain or joint injuries may need a year or more, or a doctor’s written estimate of future care.
Waiting for treatment to finish does not stop the filing deadline. If treatment is going to run close to the deadline, your lawyer can file the lawsuit to protect the claim and keep working toward settlement. See our statute of limitations guide.
How long does the insurance company have to respond?
In California, an insurer must acknowledge a claim within 15 calendar days and accept or deny it within 40 calendar days after receiving proof of claim. If it needs more time, it must say why in writing every 30 days. After accepting a claim and receiving a signed release, it generally has 30 days to pay.
These deadlines come from the California Fair Claims Settlement Practices Regulations, 10 Cal. Code Regs. § 2695.5(e) and § 2695.7(b), (c)(1) and (h). In real life, a large claim often goes through several rounds of offers and counteroffers, and each round can take weeks.
An offer that comes very fast, before your treatment is done, is usually a low one. Our page on whether to accept the first settlement offer covers what to look at.
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How long does a personal injury lawsuit take?
Once a lawsuit is filed, cases commonly take one to three years to settle or reach trial. Time goes to serving the defendants, written discovery, depositions, a defense medical exam, expert reports and mediation. Most cases settle before trial, often after depositions or at mediation, once both sides understand the evidence.
In California, the summons and complaint must be served on a defendant within three years after the case is filed (Code Civ. Proc. § 583.210), though courts expect much faster service in practice. The main stages are:
- Filing and serving the complaint
- Written discovery: interrogatories, document requests and requests for admission
- Depositions of the parties, witnesses and doctors (see what happens at a deposition)
- A defense medical exam, if the defense requests one
- Expert disclosures and expert depositions
- Mediation or a settlement conference
- Trial, if the case does not settle
What is California’s five-year rule?
In California, a civil case must be brought to trial within five years after it is filed. If it is not, the court must dismiss it unless a statutory exception applies. In practice, most injury cases are tried or settled long before this deadline, but it sets the outer limit.
The five-year deadline is in Code Civ. Proc. § 583.310. Dismissal is mandatory and not subject to extension or excuse except as a statute expressly provides (Code Civ. Proc. § 583.360). Related statutes set out when time is excluded, for example when the case was stayed. The rule exists to keep cases moving, and it is one reason courts set firm trial dates.
Texas and Washington do not have the same statute. Their courts manage timing through scheduling orders and trial settings.
Do claims against the government take longer?
Usually, yes, because you must file an administrative claim and wait before you can sue. In California, the agency has 45 days to act on a claim. In Washington, you must wait 60 days after presenting a claim. Texas requires notice to the government within six months of the incident.
- California: an injury claim must be presented within six months (Gov. Code § 911.2). The board has 45 days to act, and silence counts as a rejection (Gov. Code § 912.4). After a written rejection, you generally have six months to sue (Gov. Code § 945.6).
- Washington: no suit may be filed against a local government entity until 60 calendar days after the claim is presented, and the limitations period is tolled during that wait (RCW 4.96.020(4)). The same 60-day rule applies to claims against the state (RCW 4.92.110).
- Texas: a governmental unit is entitled to notice of the claim within six months after the incident, unless it already had actual notice (Tex. Civ. Prac. & Rem. Code § 101.101).
Our page on being hit by a city or county vehicle covers these claims in more detail.
What slows a personal injury case down?
Common causes of delay are ongoing medical treatment, disputed fault, several defendants or insurers, low policy limits that require an underinsured motorist claim, slow medical records, liens that need negotiation and a crowded court calendar. Some delay is worth it if it adds value. Some is not.
Things you can do to keep a case moving:
- Keep your medical appointments and tell your lawyer about every provider you see.
- Answer your lawyer’s questions and sign record requests quickly.
- Save receipts, pay stubs and photos as you go.
- Ask for a status update when you have not heard anything in a month.
If you have tried and still cannot get updates, see can I fire my personal injury lawyer. To talk with our Los Angeles personal injury lawyers about your timeline, call (310) 552-6959.
Common questions
Why is my personal injury case taking so long?
The most common reasons are that treatment is still going on, the insurer disputes fault or the extent of the injury, records are slow to arrive, or the case is in litigation and waiting on discovery or a court date. Ask your lawyer what the next step is and when it is expected.
Does filing a lawsuit mean my case will go to trial?
No. Most injury lawsuits settle before trial. Filing a lawsuit protects the deadline and gives your lawyer tools such as depositions and subpoenas, which often lead to a better offer. Trial happens when the two sides cannot agree on a fair number.
How long after a settlement do I get my money?
In California, once an insurer accepts a claim and has the signed release, it generally must pay within 30 calendar days. The check then goes into the law firm’s trust account, liens are paid, and you receive your share. Lien negotiations can add time.
Can I speed up my case by accepting a lower offer?
Sometimes. A quick settlement can make sense with a minor injury and full recovery. With ongoing symptoms it usually costs more than it saves, because a release closes the claim for good, including care you have not had yet.
How long do I have to file a personal injury lawsuit?
In California and Texas, generally two years from the injury. In Washington, generally three years. Claims against government agencies have much shorter notice deadlines, as short as six months. Exceptions apply for minors and some other situations. See our statute of limitations guide for details.
Do brain injury and nursing home cases take longer?
They often do, because more experts are involved and future care has to be measured. See our pages on how long brain injury cases take and how long a nursing home lawsuit takes.
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Related pages
How long does a car accident settlement take? · How long does a truck accident lawsuit take? · How long does a slip and fall case take? · How long do brain injury cases take? · How long does a nursing home lawsuit take? · What happens at a deposition?
Sources
- 10 Cal. Code Regs. § 2695.5 (acknowledging claims)
- 10 Cal. Code Regs. § 2695.7 (claim decision and payment deadlines)
- Cal. Code Civ. Proc. § 583.210 (three years to serve)
- Cal. Code Civ. Proc. § 583.310 (five years to bring to trial)
- Cal. Code Civ. Proc. § 583.360 (mandatory dismissal)
- Cal. Gov. Code § 911.2 (six-month claim deadline)
- Cal. Gov. Code § 912.4 (45 days to act on a claim)
- Cal. Gov. Code § 945.6 (time to sue after rejection)
- Tex. Civ. Prac. & Rem. Code § 101.101 (notice to governmental unit)
- RCW 4.96.020 (claims against local government, 60-day wait)
- RCW 4.92.110 (claims against the state, 60-day wait)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 8, 2026.