Whether your case began with a car crash, a fall or the loss of a family member, the personal injury cases we handle move through the same basic stages. Some of those stages run on clocks set by statute or court rule, and some depend on your recovery and on how the other side responds. Knowing which is which makes the wait easier to plan around.

This guide walks through each stage from the first insurance claim to a trial date, with the rule that sets its timing, and explains what tends to make a case shorter or longer.

How does an injury case move, step by step?

  1. Medical treatment and records. Treatment comes first, and so do the records that prove it. A patient is entitled to copies of their records, and a provider must send them within 15 days of a written request (Health and Safety Code 123110).
  2. The insurance claim. Once an insurer has proof of the claim, California's fair claims rules give it 40 days to accept or deny it, and if it needs more time it must say so in writing every 30 days. Our guide on how long the insurance company has to respond covers those rules in detail.
  3. A claim to a public agency, if one is involved. A written claim to a city, county or the State is due within six months (Government Code 911.2), and the agency has 45 days to act on it (Government Code 912.4). The steps are in our guide on filing an injury claim against a city or county.
  4. Demand and negotiation. When treatment has reached a point where future care can be estimated, the claim is usually presented with the records and bills, and the insurer responds with an offer or a denial.
  5. Filing a lawsuit, if needed. Most injury lawsuits must be filed within two years of the injury (Code of Civil Procedure 335.1). Our guide to California personal injury deadlines lists the exceptions.
  6. Service and the defendant's response. The complaint must be served and proof of service filed within 60 days of filing (California Rules of Court, rule 3.110(b)). The summons gives the defendant 30 days after service to file a response (Code of Civil Procedure 412.20).
  7. Case management and discovery. The court sets an initial case management conference (rule 3.722). Discovery follows: written questions, document requests and depositions. Our guide on how to prepare for a deposition explains what that day involves.
  8. Settlement conference, mediation or trial. Discovery closes 30 days before the trial date first set (Code of Civil Procedure 2024.020). Many cases are settled at a mediation or a court settlement conference; the rest go to trial.

What timelines do the statutes and court rules set?

StageTime set by law or ruleSource
Copies of medical recordsWithin 15 days of a written requestHealth and Safety Code 123110
Insurer accepts or denies the claim40 days from proof of claim; written status every 30 days if it needs more timeCalifornia Code of Regulations, title 10, section 2695.7
Claim to a public entity6 months from the injury; the entity has 45 days to actGovernment Code 911.2 and 912.4
Lawsuit against a private person or business2 years from the injury, in most casesCode of Civil Procedure 335.1
Serve the complaint and file proof of service60 days after filing; the outer limit for service is 3 yearsRule of Court 3.110; Code of Civil Procedure 583.210
Defendant's written response30 days after service of the summonsCode of Civil Procedure 412.20
Close of discovery30 days before the date first set for trial; motions heard by the 15th day beforeCode of Civil Procedure 2024.020
Court's goal for unlimited civil cases75% resolved within 12 months, 85% within 18 months, all within 24 monthsRule of Court 3.714
TrialMust begin within 5 years of filing, or the case is dismissedCode of Civil Procedure 583.310 and 583.360

What are the court's own time goals once a case is filed?

California courts manage civil cases against written goals. For unlimited civil cases, the goal is that 75 percent are resolved within 12 months of filing, 85 percent within 18 months and all within 24 months. For limited civil cases, the goals are 90 percent within 12 months, 98 percent within 18 months and all within 24 months (rule 3.714(b)). A case is limited civil only if the amount in controversy is $35,000 or less, among other conditions (Code of Civil Procedure 85).

These are goals for the court, not promises for any one case. The same rule tells judges to consider each case on its merits and to set it for trial as soon as appropriate for that case. A court may also exempt an exceptional case from the goals and instead aim to resolve it within three years, or, by local rule, assign a simple case to a faster plan aimed at six to nine months (rule 3.714(a), (c) and (d)).

Why do some cases settle in months and others take years?

The single biggest factor is usually the injury itself. A claim is hard to value until doctors can say what treatment is still needed, so a serious injury with surgery or long therapy often means a longer wait before any settlement makes sense. A claim for a minor injury with a short recovery can often be resolved much sooner.

The second factor is whether fault is disputed. When an insurer accepts that its driver or store caused the injury, talks focus on the amount. When fault is contested, as in a crash where several drivers share the blame, the evidence has to be gathered and tested, and that usually means a lawsuit and discovery.

Insurance limits matter too. If the at-fault driver's policy is small and your losses are large, the case may turn on your own uninsured or underinsured motorist coverage, which runs on its own steps. Our guide to uninsured and underinsured motorist claims explains that process.

What happens in Sonoma County once a case is filed?

A personal injury case may be filed in the superior court of the county where the injury happened or where a defendant lives (Code of Civil Procedure 395). For an injury here, that is usually the Sonoma County Superior Court, whose civil cases are handled at the Civil and Family Law Courthouse, 3055 Cleveland Avenue, Santa Rosa. Our guide to what to expect at Sonoma County Superior Court covers the court's case management, mediation and settlement conference programs.

For an injury in Marin County, the case would usually be filed in San Rafael; see what to expect at Marin County Superior Court.

What changes the answer?

A public agency is responsible. The six-month written claim must come first, the agency then has 45 days to act, and a lawsuit can follow only after that (Government Code 911.2, 912.4 and 945.4). That adds at least a few months before a case can be filed.

The injured person is a child. A minor's settlement must be approved by the court before it is final (Probate Code 3500), which adds a court hearing to the end of the case. Our guide on injury claims for children explains that step.

The defendant is hard to find or serve. Service is due within 60 days under rule 3.110, but the statute allows up to three years before an action must be dismissed for lack of service (Code of Civil Procedure 583.210).

The case is stayed or delayed for reasons outside anyone's control. Time when the case was stayed, or when bringing it to trial was impossible, impracticable or futile, is not counted toward the five years (Code of Civil Procedure 583.340).

The case is exceptional. Many parties, complex medical issues or a large number of witnesses can lead a court to exempt the case from the normal goals and manage it toward a three-year target instead (rule 3.714(c)).

Someone has died. A death claim follows the same court timeline, but the family may need to sort out who brings the claim first. See the steps in a wrongful death lawsuit in Sonoma County.

What could this look like? An example

For example, imagine a driver who is rear-ended near Rohnert Park in January, breaks a wrist and needs surgery in March, then six months of therapy. The other driver's insurer acknowledges the claim, asks for records and writes every 30 days while it investigates.

By September the surgeon says the wrist has recovered as far as it will, and the records and bills go to the insurer with a demand. The insurer's offer does not cover the future care the surgeon describes, so in the following January, still well inside the two years, a lawsuit is filed in Sonoma County. The complaint is served within 60 days, the driver's lawyer answers within 30 days of service, and the court sets a case management conference. Depositions happen over the summer, and the case is sent to mediation the next winter. If it settled there, the case would have taken about two years from the crash; if not, the court would set a trial date. This example is made up to show how the rules fit together; it says nothing about any real case.

What mistakes make a case take longer?

  • Gaps in medical treatment, which give the insurer a reason to question the injury and slow every later step.
  • Settling before the doctors know what future care will be needed, then finding out the money does not cover it.
  • Missing the six-month claim against a public agency, which can end that part of the case altogether.
  • Not keeping copies of bills, letters and claim numbers, so records have to be requested again later.
  • Waiting until the end of the two years to file, which leaves no time to fix problems with service or the right defendant.
  • Treating the court's 12 to 24 month goals as a promise about your own case.

What should I do this week?

  1. Write down the date of the injury and put the two-year date, and the six-month date if any public agency is involved, on your calendar.
  2. Keep every appointment and follow your doctors' treatment plan.
  3. Request your medical records and bills in writing and note the date you asked.
  4. Keep every letter from an insurance company in one folder, with the date each arrived.
  5. Note each time an adjuster calls or writes, and what they ask for.
  6. Read our guide on what to bring to your first meeting with an injury lawyer and start gathering those papers.

Frequently asked questions

Can a case be settled before a lawsuit is filed?

Yes. Many claims are resolved directly with the insurer once the injury is understood. A lawsuit is usually filed when the insurer denies the claim, offers too little, or the two-year deadline is getting close.

Does filing a lawsuit mean the case will go to trial?

No. A lawsuit gives each side the tools of discovery and a court schedule, and settlement talks often continue throughout. Courts also send many cases to mediation or a settlement conference before trial.

What happens if a case is not tried within five years?

The court must dismiss it, on its own motion or the defendant's, after notice to the parties (Code of Civil Procedure 583.360). The statute says the requirement is mandatory, with exceptions only where a statute provides one, such as time when the case was stayed.

Is a smaller case faster?

Often, yes. Limited civil cases ($35,000 or less) carry tighter goals: 90 percent resolved within 12 months (rule 3.714). Simpler cases may also qualify for a local fast-track plan aimed at six to nine months.

Why does the insurer keep asking for more time?

The fair claims rules allow an insurer more time if it needs it, but it must tell you in writing every 30 days what it still needs. If those letters stop, or the insurer seems to be stalling, our guide on claiming through your own insurance or the other driver's explains another route that may be open.

Does a claim against a city take longer?

Usually, because the written claim and the 45-day review come before any lawsuit (Government Code 912.4 and 945.4). If the agency sends a written rejection, the lawsuit must then be filed within six months of that notice (Government Code 945.6).

If you have questions about where your case stands or how long it may take, contact Young Law Group today at (707) 343-0556 or through our contact page for a free consultation.

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