Understanding the Personal Injury Claim Timeline: What to Expect After an Accident

If you’ve been injured in a car crash, a fall, or any other incident caused by someone else’s negligence in Oakland or the Bay Area, you may be wondering: how long will my personal injury claim take? The truth is, every case is different - but understanding the general timeline can help you make informed decisions and avoid unnecessary stress. Here’s what you need to know:

1. Recovery Comes First

Before your claim can be properly evaluated or presented to an insurance company, you need to reach a point of medical stability often called “maximum medical improvement.” This means your injuries have either healed or plateaued, and your doctors can assess any lasting impairments or future care needs. Why does this matter? Because until your recovery is complete, it’s impossible to accurately calculate damages like medical expenses, lost wages, and pain and suffering. Rushing to settle early can leave you undercompensated for long-term effects.

2. Negotiation with the Insurance Company

Once your medical treatment is complete and your damages are documented, your attorney will prepare a demand package and present it to the insurer. This includes medical records, bills, wage loss documentation, and a detailed account of how the injury has affected your life. Sometimes, insurers respond with a fair offer. But often, they don’t. If the insurance company refuses to negotiate in good faith or undervalues your claim, litigation becomes necessary.

3. Litigation and the California Court Timeline

Filing a lawsuit doesn’t happen immediately after an accident. In most cases, your attorney will first attempt to resolve the claim through settlement discussions with the insurance company. These negotiations typically begin once your medical treatment is complete and your damages are fully documented. If the insurer refuses to make a fair offer, litigation becomes necessary. That’s when the formal legal timeline begins. In California, the statute of limitations for most personal injury cases is two years from the date of injury. However, if a government entity is involved, you must file a government claim within six months - and only after that claim is rejected can you proceed with a lawsuit. These deadlines are strict, and they become critical once settlement talks break down. Once a lawsuit is filed, the litigation timeline typically unfolds as follows:

• Discovery phase (exchange of evidence): After the complaint is filed and served, discovery usually lasts 6–18 months. This is when both sides gather documents, take depositions, and build their cases.
• Mediation or settlement conferences: Often scheduled once a majority of discovery is completed - usually 12-18 months after filing suit - and both sides have a clearer picture of the evidence and damages.
• Trial: Courts typically set trial dates 12–24 months after the lawsuit is filed, though this can vary widely depending on county.

Due to underfunded and overburdened civil courts in California - especially in Alameda and San Francisco Counties - delays are common. Trial dates may be set far out and rescheduled multiple times due to limited judicial resources.

At Harriman Law, we prepare every case as if it’s going to trial; but we also know how to strategically negotiate and resolve claims when possible. We guide our clients through each phase with transparency, advocacy, and a focus on long-term recovery. Whether you’re in Oakland, San Francisco, or elsewhere in the Bay Area, if you’ve been injured and want to understand your options, reach out for a free consultation. We’ll help you navigate the timeline and the system with confidence.