What To Expect During The Personal Injury Settlement Process In California
What Is The Personal Injury Settlement Process Like In California? How Long Does It Generally Take?
In the California personal injury settlement process, if a lawsuit is filed, all cases are required to go through some form of Alternative Dispute Resolution (ADR). Before a lawsuit is filed, many cases settle by direct negotiation with an insurance company, or sometimes through ADR.
Of the ADR methods, mediation is the most commonly used. If a settlement is reached during mediation, the parties usually sign a preliminary settlement agreement at that time. Within the following 30 days, the insurance company typically provides a formal general release agreement, which must be signed again.
To ensure timely payment, attorneys will often include a specific clause in the settlement stating when payment must be made after the release is signed. Without this, insurance companies may delay payment unnecessarily.
So, from the moment a settlement is reached to when funds are actually received, it’s safe to say that the process can generally take 60 to 90 days.
That said, every case is different, so the total time it takes to reach a settlement from the start of a case can vary widely and depend on the specific circumstances of your situation. For example, if you hire an attorney days after your injury, your attorney will most likely want to wait to begin a claim until it is clearer what your injuries are and what treatment you will need in the future. Below are just a couple of the driving factors that shape how long a settlement can take.
- If the case settles before litigation, it could take around a year from the time the attorney begins the investigation and obtaining your medical records.
- If litigation is required, a lawsuit can stretch to two years or more.
What Are My Options If The Insurance Company Offers A Low Settlement For My California Personal Injury Claim?
If you haven’t already hired an attorney, this is a good time to consult one. A personal injury lawyer can help determine what your claim is truly worth. Unfortunately, low settlement offers are part of the negotiation process.
Your options start with negotiating for a better offer. If that fails, you can file a lawsuit to pursue fair compensation. If your case doesn’t settle during litigation, it will proceed to trial, where a judge or jury decides the outcome.
With decades of combined experience, Bryan Lamb and Richard Frischer of Lamb & Frischer Law Firm, LLP have guided clients through every stage of the personal injury settlement process from the first phone call to the final check in hand. They’ve helped people in California secure fair compensation even after months or years of difficult negotiations, and they know how to manage both the legal complexities and emotional toll that come with it.
If you’re feeling overwhelmed by delays or lowball offers, reach out our job is to carry the stress so you don’t have to.
Does Signing A Personal Injury Settlement Agreement In California Mean I Can’t Get More Compensation Later?
Once you sign a settlement agreement, you are waiving any future claims related to the incident. This includes:
- Medical claims
- Property damage
- Lost wages
- Any other damages arising from the same accident
A settlement is final, so it’s vital that you fully understand the agreement you’re entering before signing it. If you have an attorney, an attorney will review the agreement to make sure there is nothing out of the ordinary and that you are obtaining fair compensation for your injuries.
Most often, a settlement waives any claim you may have against the party that injured you, whether or not you are aware of the claims. Another reason why you may want to hire an attorney is to ensure you recover compensation for all your possible claims.
Do I Need A California Personal Injury Lawyer To Negotiate A Settlement?
It’s not advisable to negotiate a personal injury claim on your own. Insurance companies are backed by legal teams, and without a lawyer, you’re at a significant disadvantage.
While some minor claims may not be financially practical for an attorney to take on, many attorneys like us are willing to offer free advice in those situations. Still, for more serious cases, hiring a lawyer can make a substantial difference in both the tangible outcome and your peace of mind along the way. If an attorney can increase your settlement at least as much as their attorney fee, it is worth it to hire an attorney. We regularly see settlement offers increase in an amount that would cover our fees, and then some, when we take on cases where our client attempted to negotiate before hiring us.
How Do You Help Clients Stay Emotionally Grounded During Negotiations That Take Months Or Even Years?
We believe in managing expectations from day one. From the start, we’re honest with our clients about how long the process might take and what to expect. Here are some ways of how we support our clients emotionally:
- Open communication: We’re always available to answer questions and talk through concerns.
- Relieving emotional burden: When clients hire us, they can step back from the stress of the legal process and focus on healing.
- Professional guidance: Clients can stay involved only as needed, mainly for discussing settlement offers and providing us treatment updates.
One major benefit of having a lawyer is being able to trust that the legal side is handled while you focus on recovery.
How Do We Support Clients Who Struggle Emotionally During The Process?
Many clients struggle emotionally during the claims process or, especially, during a lawsuit, and it’s only natural that they would. They’re already dealing with physical injuries, financial stress, and disruptions to their personal lives. We help by explaining what to expect and walk clients through every step of the process.
We also clearly outline what clients need to do to support their case so they’re never in the dark. If emotional struggles are severe, we will even recommend psychological or emotional support. If that need is related to the injury they’ve suffered, the costs may be recoverable in the claim.
Another powerful support tool we draw on is leveraging mediation, which is typically overseen by a retired judge. Hearing a neutral, experienced third party explain the strengths and weaknesses of a case can help clients process things more clearly and manage expectations, sometimes even better than hearing it from their own attorney.
Still Have Questions? Ready To Get Started?
For more information on the California personal injury settlement process, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 966-4471 today.
