The amount of time it takes to settle a car accident case in California can vary greatly depending on various factors, such as the complexity of the case, the severity of the injuries, and the cooperation of the insurance companies involved. While some cases can be resolved in a matter of weeks or months, others may take several years to reach a settlement or go to trial.

In general, car accident cases can take longer to settle if there are serious injuries involved that require extensive medical treatment or if liability is disputed by the parties involved. It is important to note that California has a two-year statute of limitations for personal injury cases, which means that a lawsuit must be filed within two years of the accident, or the injured party may lose the right to seek compensation.

At GJEL Accident Attorneys, we understand that every case is unique and requires individual attention to ensure the best possible outcome for our clients. Our experienced attorneys have a proven track record of successfully resolving car accident cases in California, and we work tirelessly to ensure that our clients receive the compensation they deserve as quickly as possible.

We take a comprehensive approach to each case, working with medical professionals, accident reconstruction specialists, and other experts to build a strong case on behalf of our clients. We also have experience negotiating with insurance companies and will not hesitate to take a case to trial if necessary to ensure that our clients receive fair compensation for their injuries and damages.

In short, there is no definitive timeline for settling a car accident case in California. However, with the help of an experienced personal injury lawyer from GJEL Accident Attorneys, you can be confident that your case is in good hands and that we will work tirelessly to help you obtain the compensation you deserve.

Understanding the Burden of Proof in California Personal Injury Cases

When it comes to personal injury cases in California, the burden of proof plays a crucial role in determining the outcome. It is essential to understand what the burden of proof is, who is responsible for proving it, and what standard of proof is required to win your case.

What is the Burden of Proof?

The burden of proof refers to the obligation of a party to prove the truth of their claims or allegations in a legal proceeding. In a personal injury case, the burden of proof falls on the plaintiff, who must prove that the defendant was negligent and that their negligence caused the plaintiff’s injuries.

Who is Responsible for Proving the Burden of Proof?

In a personal injury case, the plaintiff is responsible for proving the burden of proof. The plaintiff’s attorney must gather evidence, interview witnesses, and present their case to the court to prove that the defendant was negligent and caused the plaintiff’s injuries.

What Standard of Proof is Required to Win a Personal Injury Case in California?

In a personal injury case, the plaintiff must prove their case by a preponderance of the evidence. This means that the plaintiff must convince the judge or jury that it is more likely than not that the defendant was negligent and that their negligence caused the plaintiff’s injuries.

How to Prove the Burden of Proof in a Personal Injury Case

To prove the burden of proof in a personal injury case, the plaintiff’s attorney must gather evidence and present a compelling case to the court. This can include:

  1. Medical Records and Expert Testimony: The plaintiff’s attorney may use medical records and expert testimony to show that the plaintiff suffered injuries as a result of the defendant’s negligence.
  2. Eyewitness Testimony: The plaintiff’s attorney may also use eyewitness testimony to show that the defendant was negligent and caused the plaintiff’s injuries.
  3. Photographs and Video Evidence: Photographs and video evidence can be powerful tools in proving the plaintiff’s case. They can show the extent of the plaintiff’s injuries and the conditions that led to the accident.
An example of a car accident

Understanding the Settlement Process

Before diving into the timeline of settling a car accident case in California, it’s essential to understand the settlement process. After a car accident, you might be entitled to compensation for your damages, including medical bills, property damage, lost wages, and pain and suffering. To receive compensation, you have two options: filing a claim with the at-fault driver’s insurance company or filing a lawsuit.

Filing a Claim

Filing a claim with the at-fault driver’s insurance company is typically the first step after a car accident. To file a claim, you will need to provide evidence of the accident, including photos, witness statements, and police reports. The insurance company will investigate the claim and determine liability. If the insurance company accepts liability, they will make a settlement offer. If the settlement offer is fair, you can accept it, and the case will be settled. If the settlement offer is not fair, you can negotiate for a higher amount.

Filing a Lawsuit

If you are unable to settle your case through a claim, you can file a lawsuit. Filing a lawsuit can be a lengthy and complex process that involves multiple stages, including filing a complaint, discovery, pre-trial motions, and trial. Most car accident cases settle before trial, but if your case goes to trial, it can take several years to reach a verdict.

Factors Affecting the Timeline

The timeline for settling a car accident case in California varies depending on several factors. Here are some of the factors that can affect the timeline:

Severity of Injuries

The severity of your injuries can impact how long it takes to settle your case. If you have severe injuries that require extensive medical treatment, the settlement process might take longer. Your attorney will need to collect medical records and bills, which can take time.

Liability

Determining liability can also impact the timeline. If liability is clear, the settlement process can move faster. However, if liability is disputed, it can take longer to settle the case.

Insurance Company

The insurance company’s responsiveness can also impact how long it takes to settle a case. Some insurance companies are more responsive than others, which can affect the timeline.

Settlement Amount

The settlement amount can also impact the timeline. If you are seeking a higher settlement amount, it can take longer to negotiate with the insurance company.

Timeline for Settling a Car Accident Case in California

Now that you understand the factors that can impact the timeline, let’s dive into the estimated timeline for settling a car accident case in California.

Filing a Claim

If you decide to file a claim with the at-fault driver’s insurance company, the timeline for settling your case can range from a few weeks to several months. Here is a breakdown of the timeline:

  1. Filing a claim: You must file a claim with the insurance company within a reasonable amount of time after the accident. Typically, you have up to two years to file a claim.
  2. Investigation: The insurance company will investigate your claim, which can take several weeks to several months, depending on the complexity of the case.
  3. Settlement offer: If the insurance company accepts liability, they will make a settlement offer. The settlement offer can range from a few thousand dollars to several hundred thousand dollars, depending on the severity of your injuries and the severity of the accident. If you accept the settlement offer, the case will be settled.
  4. Negotiation: If the settlement offer is not fair, you can negotiate with the insurance company for a higher amount. Negotiations can take several weeks to several months, depending on the responsiveness of the insurance company and the complexity of the case.
  5. Resolution: If you reach a fair settlement amount, the case will be settled. If you cannot reach a fair settlement amount, you might need to consider filing a lawsuit.
  6. Filing a Lawsuit
  7. If you decide to file a lawsuit, the timeline for settling your case can range from several months to several years. Here is a breakdown of the timeline:
  8. Filing a lawsuit: You must file a lawsuit within the statute of limitations, which is typically two years from the date of the accident.
  9. Discovery: Both parties will exchange information and evidence through discovery, which can take several months.
  10. Pre-trial motions: The parties might file pre-trial motions, such as motions to dismiss or motions for summary judgment, which can take several months.
  11. Trial: If the case goes to trial, it can take several days to several weeks to reach a verdict.
  12. Appeal: If either party appeals the verdict, it can take several months to several years to reach a final resolution.

Learn how long it takes to get money from a personal injury settlement here.

Frequently Asked Questions

  1. Is it necessary to hire an attorney for a car accident case in California?
  1. Can I file a claim after the statute of limitations has expired?
  1. Can I negotiate with the insurance company on my own?
  • Yes, you can negotiate with the insurance company on your own, but it’s recommended to have an attorney on your side to ensure that you receive fair compensation.
  1. How much compensation can I receive for my damages?
  • The amount of compensation you can receive for your damages depends on several factors, including the severity of your injuries, liability, and the insurance policy limits.
  1. What happens if I don’t accept the settlement offer?

Written by Andy Gillin. Last updated 4/3/23