How long does a personal injury case take to settle?

The timeline for a personal injury case can vary widely. A straightforward car accident claim might settle in a few months, while a complex case involving severe injuries or disputed liability could take a year or longer – especially if it goes to trial. In our experience serving clients in San Bernardino County, many cases settle before trial, but we prepare every case as if it may go to court to ensure we are ready to fight for you as long as it takes to achieve a fair result.

What is the average settlement for a car accident claim?

There is no one-size-fits-all settlement amount for a car accident claim. Settlement values depend on several factors, including the severity of injuries, medical costs, lost wages, and pain and suffering. Minor accidents might settle for tens of thousands of dollars, whereas catastrophic injury cases can result in six- or seven-figure settlements. Our firm has recovered anywhere from $100,000 to millions of dollars for car accident victims. We focus on maximizing your compensation based on the unique details of your case.

What should I do after a car accident?

If you’re involved in a car accident, first ensure safety and call 911 to report any injuries. Seek medical attention immediately, even if injuries seem minor, as some symptoms can appear later. Document the scene by taking photos and gathering contact information from other drivers and witnesses. Notify your insurance company of the accident, but avoid giving a detailed statement until you speak with an attorney. It’s wise to contact a personal injury lawyer as soon as possible – our firm can guide you through the process, communicate with insurance companies on your behalf, and help preserve crucial evidence for your claim.

How long do I have to file a personal injury claim in California?

In California, the statute of limitations for most personal injury claims – including car accidents – is two years from the date of the injury. This means you generally have up to two years to file a lawsuit if you wish to pursue compensation, or you may lose your right to recover damages. However, there are exceptions: for example, claims against a government agency often require a notice of claim to be filed within 6 months. Because legal deadlines can vary, it’s important to consult with an attorney as soon as possible after an injury. We ensure all filings are completed timely so our clients’ rights are protected.

How Long Do You Have To File a Claim in California After an Accident/Injury

Justin King talks about the time limits in California for filing a claim after an injury/accident.

Auto Accidents: Important Time Restrictions to Consider When Filing a Personal Injury Claim

When you experience a car accident, you can quickly be overcome by a sudden feeling of fear and anxiety. Car accidents that cause injury or pain can lead to unnecessary stress. Therefore, it is important to understand that you have legal rights as an injury victim in California, but these rights are subject to the statute of limitations for personal injury in California. This includes claims for wrongful death and other severe outcomes.

As an accident victim, you may have a multitude of questions surrounding the event. This is especially true if you have suffered injuries that resulted from the accident. As a victim, it is crucial to seek the legal justice you deserve and consider speaking to expert car accident attorneys who can answer your legal questions and help you file a personal injury claim within the California personal injury statute of limitations.

Your Personal Rights in the State of California

Every state in the nation will have different rules and regulations when it comes to car accidents. If you were injured as a result of another party’s negligence, you may consider filing a personal injury lawsuit. Filing a claim can become a complex endeavor, and as a victim, understanding your rights can be the utmost determining factor as to whether you receive financial compensation for your injuries or not. To secure your rights, you must act within the personal injury statute of limitations in California, which typically starts from the date of the injury.

Attorney Justin H. King is an experienced personal injury attorney in the State of California. As an expert attorney, he will highlight the importance of filing a personal injury claim under the appropriate time frame. The statute of limitations for personal injury in California provides a two-year window from the date of the accident or the injury, but the discovery rule can sometimes alter this period if injuries are not immediately apparent.

Understanding California’s Statute of Limitations

As previously mentioned, every state has different laws regarding filing personal injury claims. The State of California enforces strict deadlines for filing, also known as the California statute of limitations personal injury. If you fail to file a claim within the two-year period, you lose your right to pursue legal action, regardless of the merit of your claim. This applies to most personal injury cases, including those involving wrongful death and property damage.

It’s vital to understand these limitations. California’s statute of limitations for personal injury sets a two-year limit from the date of injury, but other factors can impact this timeline, based on the discovery rule. For example, for accident victims under 18, the two-year window starts when the individual turns 18. Additionally, if you are seeking to file a claim against a government entity, the statute is shortened to six months.

Many accident victims are unaware of these time constraints, which can lead to missed opportunities for compensation. Seeking legal guidance promptly can ensure you comply with the personal injury statute of limitations in California.

The Importance of Contacting an Attorney Immediately After the Accident

Time sensitivity is crucial in personal injury lawsuits. Although the statute of limitations for personal injury in California is two years, starting the process early can strengthen your case. Waiting to seek legal assistance can lead to the loss of crucial evidence and weaken your case. Car accident attorneys will understand this urgency and work quickly to build a strong claim.

The sooner you contact an attorney, the better your chances are of obtaining necessary evidence and building a strong case. This is particularly important in cases where government entities are involved, as there is a shorter filing window.

The Loss of Important Evidence

When an accident victim delays contacting the help and support of an attorney, he or she faces losing evidence that can be vital to his or her case. When an accident happens, one of the most fundamental pieces of a case is to safeguard evidence that can support the claim. A very common scenario can involve impacted cars. If a car has been completely totaled, it is likely that this car will be either sold off for parts or be auctioned in effort to recuperate any form of money towards the insurance company.

If you have been injured by another driver, it is fundamental to get the support of a skilled attorney who will act quickly in order to obtain the necessary evidence. In the aftermath of an auto accident, many victims are often rushed to the hospital, and the last thing they think about is collecting evidence. An attorney with the right skills and experience will understand how to handle these types of cases and will help to ensure that the victim’s case is as profound as it possibly can. Personal injury attorneys work with investigators who can quickly recover evidence and other important information/evidence to support your claim.

Time Frame for Personal Injury Claims against a Government Entity

While every personal injury case demands a sense of urgency, there are certain cases that will require an imminent sense of rush. Cases filed against a government entity in the State of California allow for a maximum of six months to file a personal injury claim. When a person has suffered an injury as a result of an auto accident caused by someone from a government agency, the victim will have to file a government claim with the State of California.

There are various situations where an accident victim may find his or herself needing to file a government claim. A common example is if a motor vehicle accident has transpired as a result of a faulty road. Depending of the specifics of the case, it is likely that a government entity oversees the roadway conditions. Other examples can involve being struck by a government-managed automobile.

In either of these scenarios, it is important to obtain the help and support of a proficient attorney who will act quickly. Similar to other forms of personal injury claims, government claims also require that evidence be documented with urgency. In cases where the accident could have been prevented, it is likely that the city or county will act swiftly to make necessary repairs in effort to diminish the possibility of further injuries. This will typically lead to the destruction of evidence that could affect the outcome case of the victim.

After a Vehicle Accident, File a Claim Straight Away

After a car accident, the focus is often on immediate medical needs, but it’s important to consider the legal timeline as well. The California personal injury statute of limitations can affect your ability to claim compensation. An experienced attorney will guide you through the process, ensuring you meet all deadlines and requirements for filing.

Attorney Justin H. King is committed to helping accident victims file claims within the appropriate time frame, in line with the California statute of limitations for personal injury. He ensures his clients receive fair compensation for their losses. With personal injury claims, time is of the essence, and understanding the statute of limitations personal injury California can be the difference between receiving compensation and losing your right to pursue it.

Video Transcript: Hi, my name is Justin King and I’m a personal injury lawyer here in the Inland Empire. I just want to talk to you today about I often get questions from clients, “Justin, how long do I have to initiate a claim or file a lawsuit against the other driver who struck me in an auto accident?” The short answer to that question is you have two years from the time of the accident. In the State of California, the statute of limitations … Which is the period in which you have to file a lawsuit … Is two years. After two years is up, you lose all rights to get a remedy from that other driver as a result of that accident. So it’s important that no matter what, you consult a lawyer and that you have a lawsuit filed within two years.

But there really is no reason to wait that long. And there are various things that are time sensitive in a case that you need to get to a lawyer early on for. A good example is if it’s a slip and fall case. If you slipped and fell on some water. There may be an ice machine that’s leaking in that store. If you come to a lawyer that day or the next day and he sends his investigator out and he sees that ice machine leaking and he takes photos or he takes video of that, that helps your case substantially.

Now, if you come to him two years later, that ice machine is fixed. It’s now gone and there’s no way to prove what actually caused the substance to be on the ground. Whether it was just some lady who dropped some water, you know, two seconds before you came through, and then there’s no liability. Or if it’s the fault of the store for having a faulty ice machine. That’s one example.

The other thing is vehicles. It’s important to document the damage of the vehicle to prove the severity of injury. Those vehicles within 45 to 50 days after the accident, they’re typically gone. They’re sold at auction by insurance companies. So you want to consult with a lawyer before hand so they can have someone go out and document the cars before they’re gone. Nowadays, many of these cars have what are called black boxes, where you can actually do downloads and you can download the impact information from the accident. And from that information, my engineer can tell the speeds at impact, the severity of the impact, where the vehicle was hit. All those things can disappear if you don’t get to a lawyer or a person who knows what they’re doing right from the beginning.

Another example is it may be that you were involved in an accident by someone who doesn’t have much money or doesn’t have much insurance coverage. And it could be that that accident was actually caused by a dangerous condition of public property. Maybe part of the roadway was dangerous. Maybe part of the signal light was dangerous. There wasn’t proper signage. A tree was obscuring someone’s view. Those kinds of things can actually cause accidents. And if you wait too long to get to a lawyer who can then investigate these things and document these things, it could be that the condition at the accident scene has been changed and you no longer have a case. So while you do have two years to file a lawsuit, it is important to get to a lawyer early because there are things that are time sensitive in a case.

If you are a minor, the statute of limitations is a little bit different. In California, it is still two years. However, if you’re under the age of 18, the statute does not begin to run until you turn 18. Once you turn 18, then you have two years from that date. Again, these are the outermost limits on filing a claim. No lawyer wants to be contacted a week or two days or three days before a statute runs. If we can avoid those kind of scenarios, we want to avoid them. So get to a lawyer. Get to someone who knows what they are doing early so they can help you with their case.

There are a couple of variations from that. If it’s a public employee that hit you, like an employee of a city or a county or the State of California, or if potentially it’s a dangerous condition of public property like I spoke about earlier … Maybe it’s within the city, maybe it’s within the county, maybe it’s within the State of California … There are things called … There’s a thing called a government claim. You need to file a government claim with that public entity within six months of that accident. If you do not do that, you will not be able to sue that public entity.

So in those kind of scenarios, you don’t want to be waiting around for two years. You want to get to a lawyer quickly who knows the six-month claim statute and can get that claim filed for you and protect your rights.

Again, many, many, many of my clients do ask me how long they have to file a lawsuit. And again, the short answer is two years. But cases don’t get better with time. They tend to get worse with time. So the best time to file a case is when it is not gonna get any better from that point on. And I can tell you when it’s not gonna get any better. It’s not gonna get any better when you finished completing your medical treatment. Once you finish completing your medical treatment and we know what is going on with you and what your long-term medical prognosis will be, that’s the time when you want to get the case filed.

And there’s no need to sit … I tend to file my cases very early, because there is no need to sit around negotiating with an adjuster, an insurance company, while time is being wasted. You get the case filed, you have discovery rights. I can then get information. I can get documents from them. I can move your case towards a trial so that they’re not willing to pay you the appropriate money, fair compensation, for what you went through, then we we can have … We can get our case heard before a jury and we didn’t waste months or years negotiating. And then we have to start the process from the very beginning.

If you have further questions about this, please give my office a call. I’m happy to help you. I’m happy to answer any questions you have. You can also visit my website. — End of Transcript

Categories : Personal Injury Misc., Statute of Limitations, Video Library

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By Justin H. King, Esq. | Posted on February 15, 2023

Kayla Lopez

20:43 30 Mar 25

Kristina Z

08:00 26 Mar 25

cece banuelos

00:21 12 Mar 25

I can’t say enough good things about Justin king and his team! After my accident, I was overwhelmed and unsure of what to do, but they made the entire process so easy and stress-free. From the very beginning, they were kind, professional, and incredibly hardworking. They kept me informed every step of the way and made sure I got the best possible outcome. I truly felt like they cared about me and my case. If you’re looking for a lawyer who will fight for you and treat you with respect, this is the team you want on your side! Highly recommend!

Savannah Gill

16:50 08 Mar 25

I can't say enough good things about The Law Offices of Justin H. King. After my car accident, I was overwhelmed dealing with the insurance companies. They really took a weight off my shoulders. The team was fantastic – always responsive and patient, answering all my questions whenever I called. They fought hard for me and got me a settlement I was really happy with. It was such a relief knowing they were in my corner. I highly recommend them to anyone needing help with a car accident case!

Kaylee McFarland

21:21 20 Dec 24

I hired J King Law to represent me when I was hit by a car walking into a grocery store in Hesperia, Ca. When I explained the situation to Justin and his firm they were extremely understanding and reassuring that this will be taken care of and they will fight for me. Throughout the process the whole team was very attentive and honest about everything that came up. I have nothing but, great things to say about this law firm. I highly recommend them to anyone that has suffered any injury whether it’s major or minor. The thing I appreciated most were the updates given almost every 2 weeks. They broke everything down to help me understand it all and I’m just so grateful for them. Thank you so much J King Law!

17:05 25 Oct 24

Thank you so much to Oliver King and Garrett Tuckerman for helping me with my case. They've been outstanding. Although the process was overwhelming, I felt reassured, supported, and listened to. I highly recommend the Law offices of Justin King to anyone who needs help.

Savana Martinez

18:30 04 Sep 24

The team at Law Office of Justin King went above and beyond with my case.It was my first big automobile accident while being 6 months pregnant and I was terrified. I called them the same day and they took on my case immediately.Throughout the whole process they were communicative and on top of everything. I would recommend to everyone and would go back to them again if need be.Thank you to this amazingly firm !

Hate Nine

06:01 04 Sep 24

Wow! I can't say enough good things about the Law Offices of Justin King. Attitude starts at the top, & this firm is top tier. They represented me (& yes we won!) for an injury I sustained while riding my motorcycle westbound on the 10. Someone changed lanes without looking, which resulted in a knee injury, a lot of physical therapy, & a totaled motorcycle. I wasn't sure what to do or if this were even something worth pursuing. I found Justin's webpage & sent a quick message to him on a Saturday night then thought nothing of it. My first call from Justin was Sunday morning. I was immediately impressed. After hearing a bit of my story & asking a few questions I was ready to have Justin represent me. My first question was "How much do I need to come up with to get this started? Justin replied, you don't owe anything until we win. Not unless, until. That set the tone of the next 2 years of my life. As your case progresses it'll require work from you & a whole team working to represent you. Staci will call & let you know she's emailing documents that require signatures; Garrett will call to ask for details they need to understand & yes, he will call to remind you that you forgot to sign a document 3 days earlier. These are great people who genuinely care. They will take time to understand your needs & they communicate every step of the way. If you are injured, you need to call Justin & his team right away. You will not be disappointed!Google only allows 5 stars, but these guys deserve 10!

Vivian Garcia

01:00 15 Aug 24

I was involved in my first big automobile accident last year, in Yorba Linda. I was a bit overwhelmed as you can imagine. Friends suggested that I hire an attorney to handle my case and I was not quite sure how to proceed. I was very fortunate when I was referred to Justin King’s office.I met with Mr. King and found him to be very personable and he listened to my concerns. I felt very comfortable and confident that he would help me in getting a fair outcome to my case.I want to also thank Garrett Tuckerman for all he did in keeping me updated with everything going on with my case and for being there whenever I had any questions or concerns. I also want to mention Leoni Barrera who was always pleasant and supportive when I called.I highly recommend The Law Offices of Justin H. King for your personal injury needs. I feel that Mr. King and his whole staff, with their knowledge, expertise and professionalism will help make your experience a less stressful one.

Lisa Perchez

21:53 29 Jul 24

Last July I was struck by a falling case of liquor at Total Wine in Rancho Cucamonga which led to a slip and fall. My friends and family urged me to contact a lawyer after discovering I needed surgery to repair my broken wrist. A friend found Justin King on Google. Justin was compassionate, accessible, and took charge from the very first meeting. He was able to obtain the surveillance video capturing the entire incident, and made an appointment for me to see a prominent neurologist after the video showed the case struck the front of my head. The entire staff at The Law Offices of Justin H. King were very easy to work with, and I always felt like my case was getting personal attention. Thank you Garrett, Staci, and Leoni! My case went to mediation and settled for more than 3x what they originally offered. If you have been injured in an accident, I highly recommend The Law Offices of Justin H. King.

Leslie S.

18:26 13 Jul 24

I want to thank Justin and his amazing office. They made a very traumatic/ nightmare of a situation into a more bearable situation every step of the way. They kept us updated and we were reassured that we were in good hands. I want to also express my gratitude to Garrett for being so empathic and supportive through the ups and downs that comes with a case. We are so blessed to have had them handle our case. I would recommend them to anyone who is looking for a professional and dependable office. Thank you again Justin King Office!!!

Melinda Jordan

09:02 18 Dec 22

I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.

Marjorie Harris

04:14 18 Dec 22

After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.

Sheila Hughes

03:45 18 Dec 22

I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.

Margaret James

04:43 01 Dec 22

Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.

Wm Holland

06:13 17 Nov 22

When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.