How Long Does a Personal Injury Lawsuit Take to Settle in Fresno, CA?

One of the most pressing concerns following an accident caused by someone else’s negligence is: How long does a personal injury case take to settle?

While the timeline for resolving personal injury claims in Fresno will vary for every case, this guide provides a general overview, outlining the: 

• Average turnaround for resolving personal injury claims
• Typical stages of a personal injury case
• Key factors influencing the timeline
• Recommendations to expedite the claims process
• How a Fresno personal injury lawyer can assist

Average Timeline for Fresno Personal Injury Cases

In California, most personal injury claims are resolved within 3 months to 2 years. Simple cases can settle in 3–6 months, while more complex lawsuits may take several years to reach a full resolution.

The duration of a case varies depending on multiple factors, including the complexity of the incident, the severity of injuries, insurers’ willingness to negotiate, and whether the case proceeds to trial. Here’s a breakdown of typical case stages and their estimated timeframes.

Medical Treatment and Evaluation – 1-3 Months

Filing an Insurance Claim and Response Time – 1-2 Months

Investigation and Evidence Gathering –  3-6 Months

Settlement Negotiations – 2-6 Months

Filing a Personal Injury Lawsuit (if necessary) – Adds 6-18 Months

Trial – 6-12 Months

The Typical Process of Filing a Personal Injury Claim

After being injured in a personal injury accident—whether in a car crash, a slip-and-fall, a workplace incident, or due to some other act of negligence—reaching a fair settlement can range from a few months to a couple of years. 

Each case’s unique circumstances and legal process ultimately influence the speed of resolution. Here is a general outline for most personal injury cases.

1. Initial Medical Treatment and Case Evaluation

Prompt medical care immediately following the date of injury is crucial–not only for a victim’s health but also to protect the personal injury claim. Medical records provide foundational evidence linking the incident to the injuries. Therefore, delaying treatment could jeopardize the case.

Once medically stable, the circumstances of the case can be evaluated and mapped out. This includes identifying liable parties, assessing all losses (both economic and non-economic damages), and determining the appropriate legal strategy. 

At this stage, most personal injury lawyers recommend not settling until the injuries have fully manifested and the treatment plan is fully understood. Based on the severity of injuries, this can take months.

2. Hiring a Fresno Personal Injury Lawyer

While not mandatory, working with a personal injury law firm serves many benefits. The most important thing is that you will be investing in reliable advocates who will offer guidance throughout the claims process.

Additionally, securing legal representation often shortens the timeline overall. An experienced Fresno personal injury attorney ensures timely claims filing, helps gather evidence, and protects clients from deceitful insurance tactics designed to minimize payouts. 

Finding the ideal attorney for your case can be a time-consuming process. To streamline your search, prioritize local personal injury attorneys who specialize in your specific accident type. Additionally, consult online review platforms such as Avvo, Yelp, and Google Reviews for authentic feedback from previous clients.

3. Investigation and Discovery Phase

This phase involves collecting police or accident reports, medical records, photos, surveillance footage, and witness statements. 

Accident reports typically take approximately one month to complete. Similarly, other crucial evidence, such as medical and visual documentation, is not immediately accessible and can add months to reaching a case conclusion.

Depending on the type of collision or accident, a personal injury attorney may also consult with expert witnesses, including medical professionals and accident reconstruction experts. Doing so helps illustrate the seriousness of the accident and its impact on the victim.

If your case proceeds to litigation, the discovery process, where both parties exchange information, can last several months to a year. However, this stage is crucial in determining liability and the full extent of damages.

4. Insurance Negotiation and Demand Letter

Once the investigation is complete, a demand letter can be submitted to the responsible party’s insurance company, outlining:

• The facts of the case
• The nature and severity of sustained injuries
• Accrued medical expenses
• Lost wages from missing work while recovering
• A proposed settlement amount

Insurance companies have 15 days to acknowledge receipt of the personal injury complaint and 40 days to reject or accept the terms of the claim under California law. 

Adjusters may counteroffer or request more information. Settlement negotiations can last weeks or months, especially if the claim is high-value or liability is disputed.

5. Filing a Personal Injury Lawsuit (if Necessary) and Trial

If a fair settlement isn’t achieved through negotiation, a personal injury lawsuit may be filed. This action significantly extends the timeline. This is often due to the Fresno courts being backlogged or trial dates being fully booked.

Important to note, even after a personal injury lawsuit is filed, settlement negotiations may still continue, often leading to resolution before a trial commences. Insurance companies frequently opt to settle, as litigation can be more expensive for them in the long term.

Preparing for trial involves:

• Depositions
• Pre-trial motions
• Mediation or settlement conferences
• Expert witness preparation

Should a case go to trial, resolution could take an additional 6–12 months, influenced by court schedules and complex legal procedures. While trials may lead to larger settlements, they also extend the overall timeline.

Key Factors That Influence Case Duration in Fresno

Severity and Complexity of Injuries

When dealing with severe injuries, like traumatic brain injuries, spinal cord injuries, amputation, or other catastrophic injuries that lead to permanent disabilities, extensive medical documentation is crucial to the personal injury claim.

This documentation should detail the injury’s severity, the proposed treatment plan, and the associated medical expenses. While this will take time, it is important to wait until the condition stabilizes to prevent undervaluing a claim. 

Liability Is Unclear or Disputed

Determining fault isn’t always straightforward. However, some scenarios, such as being rear-ended at a red light, offer clear evidence of fault. In these instances, a resolution can often be reached quickly through insurance claims, avoiding the need for a lawsuit.

However, contested liability or multi-party involvement will likely prolong the personal injury claim process, necessitating expert analysis and potentially a trial. For example, the common causes of pedestrian accidents are rooted in driver negligence, as well as fault on the part of pedestrians themselves, due to jaywalking or not using crosswalks.

Insurance Company Responsiveness

Even though insurers are required to act in good faith, many delay the legal process by requesting additional paperwork or challenging claims. High-value cases in particular undergo stricter scrutiny and extended evaluations.

The higher the potential settlement, the longer insurers tend to take for review and negotiation. Larger claims pose greater financial risk, prompting adjusters to conduct deeper investigations and consult with their legal teams before making offers.

Court Scheduling in Fresno

Delays are common in California courts, including Fresno County. The court calendar can greatly affect how long it takes for a case to be resolved, especially if it goes to trial. These scheduling bottlenecks are a significant factor in the overall timeline of the litigation process.

Factors That Influence the Value and Timeline of a Settlement

The time it takes to resolve your case is often influenced by the value of your settlement. Larger claims, with potentially higher payouts, typically undergo increased pushback from both insurance companies and the at-fault party’s legal counsel. The following key factors impact both the duration and value of most personal injury cases:

• Extent of injuries and future medical needs
• Permanent impairments or disabilities
• Lost wages and loss of earning capacity
• Pain and suffering
• Working through emotional distress
• Insurance disputing liability
• Strength of evidence and witness credibility
• Insurance policy limits

The more complex these factors, the longer your case may take, but also the higher the potential reward.

A Wrongful Death Accident Occurred

In California, the statute of limitations generally requires civil claims to be filed within two years of the injury date. Similarly, the length of time to file a wrongful death lawsuit is typically two years from the victim’s death. While exceptions can exist, failing to file within this period usually invalidates the claim and prolongs the potential to recover compensation.

How to Speed Up Your Fresno Personal Injury Case

Although many factors are outside your control, certain actions may be taken to avoid unnecessary delays and expedite the entire legal process.

Seek Immediate Medical Treatment

Delays in treatment give insurance adjusters room to question the severity and cause of your injuries.

However, immediate and ongoing medical care creates a credible record that documents the initial report of serious injuries, an official diagnosis from a healthcare professional, and the expenses incurred to properly recover to a pre-accident state. All these elements are crucial for achieving a quicker settlement.

Organize and Preserve Documentation

Preserve and document everything related to the incident–even if it does not appear relevant. Maintain records of:

• Medical bills and prescriptions
• Police reports or incident reports
• Repair invoices
• Pay stubs (to calculate lost income)
• Journal to log the series of events and recovery journey

These are essential to efficiently building a strong case and minimizing delays from administrative tasks.

Consult with an Experienced Personal Injury Attorney

While hiring a Fresno personal injury lawyer is not legally required or always necessary, it is important to at least consult with a personal injury lawyer as soon as possible after the incident.

Early legal guidance helps prevent costly missteps, ensures claims are filed correctly, and sets the groundwork for efficient negotiation. Experienced personal injury lawyers are also adept at identifying and countering insurance companies’ delay tactics.

Consider Settlement Offers—But Don’t Rush the Process

Early settlement offers can be tempting, especially when facing financial stress. However, it’s important not to sacrifice long-term compensation for convenience. 

It is crucial to trust the expertise of a dedicated law firm that shares the client’s investment in the case. Their experience enables them to accurately evaluate the fairness and timeliness of a settlement offer.

Frequently Asked Questions About Personal Injury Lawsuits

How long does it take to settle a personal injury case in Fresno?

The average Fresno personal injury case settles within 3 to 24 months, though it can take as little as 4 months or more than 2 years, depending on the circumstances.

What’s the statute of limitations for personal injury in California?

In most cases, you must file your claim within 2 years of the date of injury, but there are exceptions if minors or government entities are involved. If you miss this deadline, you may lose your right to fair compensation.

Can I settle my case faster by accepting a lower offer?

Yes, but keep in mind that these lower offers typically do not cover the entire scope of damages, potentially leaving you responsible for outstanding bills. Quick and early settlements often don’t cover future medical needs or long-term expenses. This is why it is best to accept an offer only when fully aware of your total losses.

How Do I Know If My Settlement Offer Is Fair?

Asking a personal injury lawyer for professional guidance can help determine if a settlement is fair. They will take into account medical expenditures, loss of income, permanent disability, and comparable cases. Do not accept the insurance adjuster’s initial offer.

Will my case go to trial?

Most likely not, as only about 5% of California personal injury cases proceed all the way to trial. However, it’s best to be prepared for all possibilities. Therefore, choosing a personal injury lawyer who is ready to litigate if negotiations with the at-fault party are unsuccessful is strongly advisable.

Can I still recover compensation if I was partially at fault?

Yes. California follows a pure comparative negligence rule, allowing accident victims to recover fair compensation even if they are partly at fault for an accident that causes injuries or other damages. However, compensation will be proportionally reduced based on your degree of fault.

Why Patience Often Leads to Better Outcomes

Understandably, most personal injury victims prefer a fast and simple solution that compensates for medical bills, lost wages, and other urgent expenses.

However, rushing the claims process can lead to significantly undervaluing your case. Here’s why taking the time to build a solid claim is worth the wait.

• Injuries may develop or worsen over time, requiring more extensive and costly medical care
• Future damages (rehabilitation, chronic pain, loss of earning potential) take time to fully assess
• Taking the time to be thorough allows for more substantial evidence to be collected and expert testimony referenced

Once you accept a settlement, you typically can’t reopen your case, even if new complications arise. That’s why it is crucial to let your case fully mature before accepting compensation.

When to Contact a Fresno Personal Injury Attorney

If you’re injured in Fresno, CA or the surrounding regions, understanding the timeline of a personal injury claim is critical. This is why it is strongly advised to consult with an experienced Fresno personal injury lawyer as soon as possible.

At Attorney Jeff Car Accident Lawyer, our dedicated law firm has extensive experience handling personal injury cases throughout California, including Fresno County. We can assist you with the following: 

• Investigate the accident thoroughly
• Handle communications with insurance adjusters
• Document your injuries and damages
• Prove liability on the other party
• Pursue the maximum compensation possible
• Estimate your case timeline accurately

Every case is unique, and our strategy is always tailored to your specific needs. Regardless of whether your case concludes in a few months or proceeds to trial, we will be there to support you throughout the entire process.

Schedule a Free Consultation with our Award-Winning Lawyers

While there’s no universal timeline for settling a personal injury claim, understanding the process and influencing factors can help set realistic expectations. From the initial treatment and investigation to settlement negotiations and possible litigation, seeking compensation is often complex, but navigable with the right support.

The key to timely resolution is preparation, patience, and partnership with an experienced personal injury lawyer. By taking strategic steps and working closely with your attorney, you can avoid common pitfalls, speed up the process, and ultimately secure the financial compensation you deserve.

If you’ve been injured in Fresno and want clarity on how long your case might take, contact Attorney Jeff Car Accident Lawyer today for a free consultation. We can discuss the circumstances surrounding your case and provide legal options that best suit your needs.

After an accident, Jeff’s got you.