The California Personal Injury Claim Process
From Your First Call to Settlement — What to Expect and How Long It Takes
A California personal injury claim moves through a predictable set of stages — consultation, investigation, treatment, a demand to the insurer, negotiation, and, if needed, a lawsuit. Simple cases can resolve in a few months; serious or disputed cases often take one to two years or more.
Understanding the road ahead makes the process far less stressful. Below is exactly how it works, why some steps take time, and how Frank Penney Injury Law moves your case forward while you focus on healing.
The 7 Stages of a Personal Injury Claim
Every case is different, but most follow this path from start to resolution.
Free Consultation & Case Review
We listen to what happened, explain your rights, and assess your claim — at no cost and with no obligation.
Investigation & Evidence
We gather police reports, medical records, photos, witness statements, and expert input to establish liability and damages.
Medical Treatment to MMI
You focus on recovery until you reach maximum medical improvement, so the full cost of your injuries — including future care — is known.
Demand Letter
We send the insurer a detailed demand letter documenting liability and the full value of your damages.
Negotiation
We negotiate aggressively for a full and fair settlement, countering the insurer's lowball tactics with evidence.
Filing a Lawsuit & Discovery
If the insurer won't be reasonable, we file suit before the deadline and exchange evidence through discovery, depositions, and mediation.
Settlement or Trial
Most cases settle, but we prepare every case for trial — the readiness to face a jury is what drives insurers to pay fairly.
Your Claim's Timeline
There is no single answer, because the timeline depends on the severity of your injuries, the clarity of fault, the insurer's cooperation, and whether a lawsuit is needed. What you should never do is rush to settle before you understand the full extent of your injuries.
Remember the hard deadline: California's two-year statute of limitations (Code of Civil Procedure § 335.1) — and as little as six months when a government entity is involved. Missing it can end your claim entirely.
Straightforward Claims
Clear liability and a quick recovery can resolve in a few months.
Serious-Injury Claims
Larger or disputed cases commonly take one to two years as injuries stabilize and value is established.
Cases That Go to Trial
Litigated cases can run two years or more, but often yield significantly higher results.
Want to understand value too? See how much your case is worth, learn about uninsured motorist claims, or explore our car accident practice. We serve Sacramento, Roseville, and Oakland.
Claim Process FAQs
How long does a personal injury case take in California?
It depends on the complexity of the case. A straightforward claim with clear liability may settle in a few months, while a serious-injury or disputed case can take one to two years or longer, especially if it goes to trial. Cases generally should not settle until you reach maximum medical improvement so the full extent of your injuries is known.
What are the steps in a personal injury claim?
The typical steps are: a free consultation and case review, investigation and evidence gathering, medical treatment until you reach maximum medical improvement, a demand letter to the insurer, negotiation, and — if a fair settlement isn't offered — filing a lawsuit, discovery, mediation, and ultimately settlement or trial.
Do most personal injury cases settle or go to trial?
The large majority of personal injury cases settle before trial. However, preparing every case as if it will go to trial gives you leverage — insurers offer more when they know your attorney is willing and ready to take the case to a jury.
What is maximum medical improvement (MMI)?
Maximum medical improvement is the point at which your condition has stabilized and is not expected to improve significantly with further treatment. Settling before MMI is risky because you may not yet know the full cost of your injuries, including future care.