Personal Injury Settlement

Updated July 2024

A question we often get at our California personal injury law firm is, “How long will it take to get my personal injury settlement?” Unfortunately, there is not an easy answer. There is no set formula for how long a personal injury case can take. A car accident claim can take anywhere from a few months to a few years to settle. 

To prevent your case from dragging on, hire an experienced personal injury lawyer to negotiate a settlement with the insurance company as efficiently and quickly as possible. Don’t fight the insurance companies alone – let us help you get the compensation you deserve. Contact The Law Offices of Daniel Kim today for a free consultation. 

How Long Does a Personal Injury Claim Take? 

The timeline of a personal injury settlement depends on several factors, including:

Injuries 

Minor injuries will undoubtedly speed up the process of settling a personal injury claim. More serious injuries, such as traumatic brain injuries, will make the process of obtaining compensation much longer. While this is not ideal for seriously injured victims, you want your lawyer to do his or her job thoroughly to get you the maximum compensation. A faster settlement can mean you miss out on thousands of dollars. 

Liability

The liability of all parties involved will directly affect the outcome of a personal injury settlement. If liability is clear, a personal injury claim can be settled quickly. This can happen when one party is clearly at fault, such as when a drunk driver hits another driver. In this case, one party is primarily at fault (the drunk driver.)

However, not all personal injury lawsuits are as straightforward. California’s comparative negligence law states that both parties can share fault. When both parties share liability, it can complicate the legal process. 

Evidence

Evidence is extremely important in a personal injury case. This could be the police report, witness statements, or medical bills. Your case can be settled much faster than without credible proof. 

Keep in mind that obtaining a copy of the police report can sometimes take several months, depending on how busy they are. Legal representation can help you speed up the process of obtaining critical pieces of evidence. 

Pre-Existing Conditions

Personal injury victims with pre-existing conditions may face a longer settlement time due to the complexities involved in distinguishing between the new injuries and the aggravation of their existing conditions. 

Insurance companies often scrutinize these claims more closely, leading to extended negotiations and potentially requiring additional medical evidence to prove the extent of the new injuries and how they have been affected by the pre-existing conditions.

Negotiation Skills 

Your attorney’s negotiation skills and overall experience can certainly speed up the personal injury claims process. If you file on your own, you may be stuck waiting months for an answer or an update. A personal injury attorney will make sure your case is not ignored. 

FAQs 

How long does it take to settle a personal injury lawsuit?

The complexity of the case will determine how long it takes to settle. Accidents resulting in serious or life-threatening injuries could take years to settle. If the accident resulted in minor injuries and property damage, it may take only a few months. The parties’ willingness to settle will play a huge part in the timeline. 

What are “damages” in a personal injury claim?

If a lawsuit is filed on your behalf, you are entitled to compensation for any injuries you suffered due to another person’s negligence. These are called “damages” –  when you are awarded money in a personal injury settlement.

In California, if the defendant is found guilty, they are responsible for paying out damages to the plaintiff or injured party. These damages are meant to compensate the victim for injuries and losses.

Are personal injury settlements taxable?

If you’re wondering, “Is my personal injury settlement taxable?” the answer is it depends. Usually, money received for a physical injury or property damage is not taxable because it is not considered income. Specific tax laws might affect your settlement, so review them beforehand to understand if any taxes will be taken out. 

What is my personal injury settlement worth? 

Every case is very different. Until a personal injury attorney investigates your case and you receive medical treatment, you will be unable to get an accurate estimate of your case. 

The legal process is complicated and takes time. You don’t fight the insurance companies alone and agree to an unfair settlement. Once you start signing paperwork for the insurance adjuster and insurance companies, you are already accepting offers on what settlement to agree on. 

How are personal injury settlements paid?

Your attorney will receive your settlement check before you do and will retain a typical percentage of around 30% of your compensation. This is part of an attorney’s contingency fee. Basically, they do not charge upfront legal fees but instead receive a percentage of your claim if it results in a settlement. You may receive your settlement in one lump sum or in installments. 

What is the personal injury statute of limitations? 

In California, personal injury victims have two years to file a claim. This statute of limitations preserves the quality of evidence and ensures that witnesses’ memories remain accurate, thereby providing a fair and just legal process for both parties involved. 

Is it worth hiring a personal injury lawyer?

Statistics indicate that over 90% of cases handled by personal injury attorneys result in settlements. This makes working with an attorney highly favorable to those seeking financial recovery. Your attorney will bring their experience to assess the value of your case and any settlement offers you receive.

What do I need when speaking to personal injury lawyers?

When you first contact us, we can help explain what we need from you, but first, we want to answer any questions you might have. After we have responded to all your questions, then we will need to know:

• Date of the accident and exact location, time of day, etc.
• Contact information of any witnesses
• Any information related to the police report
• Some evidence to prove you have missed work and lost wages
• Medical expenses related to the injury
• Insurance documents that might cover your losses, like health insurance

Contact The Law Offices of Daniel Kim

The Law Offices of Daniel Kim has years of experience dealing with personal injury cases in California. We always put our clients first, representing them with total professionalism and compassion. 

We specialize in motor vehicle accident cases, including motorcycle, car, Uber and Lyft, pedestrian, bicycle, and truck accidents. Contact us today to schedule your free consultation.