Plaintiffs who suffer injuries in California may feel pressured to recover compensation as quickly as possible. This should come as no surprise, especially considering the manner in which medical expenses, missed wages, and other damages can affect a plaintiff’s financial situation. With no income and rising medical costs, it is imperative to seek compensation in an efficient, expedited manner. One of the first questions for injured plaintiffs in California is simple: How quickly can I expect financial compensation? The answer depends on a number of factors.
The Statute of Limitations for California Personal Injury Cases
One of the most important time constraints to consider is the statute of limitations. This is the time limit that all injured plaintiffs must respect in order to file a claim with the court, further working towards compensation. If a plaintiff allows this time limit to expire before taking legal action, they may lose the opportunity to receive compensation. According to the California Courts, the statute of limitations may vary depending on the specific type of personal injury lawsuit:
- Most Personal Injury Cases: For cases involving most slips and falls, negligent security, car accidents, product liability, and others, the statute of limitations is two years.
- Medical Malpractice: For any injury lawsuits filed against a healthcare provider, the statute of limitations is usually just one year. This includes cases involving botched surgeries, birth injuries, misdiagnoses, prescription of harmful medication, and so on. In some cases, however, this statute of limitations may be extended to three years.
- Lawsuits Filed Against Government Agencies: If the injury was caused by a government agency of some kind, California imposes unique statutes of limitations. These lawsuits might include slips and falls on government property, auto accidents caused by government vehicles (like police cars or ambulances), failure to properly maintain roads, and so on. In this case, you only have six months to file your claim in most cases.
Settlements Occur Faster Than Litigated Claims
Plaintiffs may receive compensation faster if they opt for settlements rather than litigation. It should be noted that the vast majority of personal injury cases are, in fact, settled out of court. When a plaintiff “settles,” it means that they agree to receive a sum of money in exchange for ceasing all further legal action. The defendant provides this compensation but does not admit any wrongdoing. If the settlement negotiations are resolved quickly, this process can result in relatively quick compensation.
That being said, it is important not to rush negotiations. A personal injury attorney in California can help a plaintiff negotiate effectively for a fair settlement that covers their full range of damages. Negotiations may take a few weeks or several months but rarely years.
In contrast, it is relatively normal for a litigated injury claim to take years before it reaches resolution. Litigation is what most people are familiar with when they think about lawsuits. This process takes the form of a trial, and it occurs in a courthouse. A judge will preside over the case, and there may also be a jury. Each party will have a chance to call upon witnesses and present evidence. At the end of the trial, the jury or the judge will make a decision regarding compensation.
Because litigation involves many rules and procedures, it takes longer to resolve than a more informal negotiation behind closed doors. In addition, it is common for defendants to use various stalling tactics to draw out the trial, putting more pressure on injured victims to cave in and accept low settlements.
How Long Will My Injury Claim Take?
Based on all of this information, it may be possible to come up with a ballpark figure when determining how long you will need to wait before receiving compensation. Generally speaking, a personal injury case or claim can take anywhere from a few months to a few years to resolve. It all depends on the circumstances of your case and whether it is resolved via a settlement or litigation. Perhaps most notably, plaintiffs can receive compensation faster if they get in touch with personal injury attorneys as quickly as possible.
Where Can I Find a Personal Injury Attorney in California?
Plaintiffs searching for legal assistance with injury claims/cases can reach out to Miracle Law, APC at their earliest convenience. During a consultation, a California personal injury lawyer can explain how long it may take to receive compensation. Although internet research is a positive first step, it cannot provide answers to questions that depend on the circumstances of each case. A personal injury lawyer can examine the specific circumstances of each plaintiff before offering personalized guidance. Book your consultation today to get started with an effective action plan.