Child and Gordon - personal injury case

What is a Personal Injury Case & how long will it take for my case to settle?

California's Premier

Personal Injury Law Firm

(888) 932-2170

Frequently Asked Questions

A personal injury case is any type of situation where a person has been injured or killed due to someone else’s carelessness. If the only damage in your case is that your car got banged up, then you don’t have a personal injury case – but you may have a property damage case. We do not handle cases where there is only property damage, but there are many lawyers who do. If both you and your car have suffered an injury, then you have both a personal injury and a property damage claim and case. In those circumstances, either your insurance company or their insurance company will usually take care of the property damage claim. If someone’s negligence causes the death of another, this is called a “wrongful death” claim. The laws may differ significantly regarding what can be recovered in a wrongful death case in California as opposed to a normal personal injury case. You should consult an attorney who understands the specialized wrongful death laws. There is no set time for your case to settle. Each case is unique and has its own set of circumstances. For example: First, there is the fact gathering phase. It is critically important that you obtain the right care from the right physicians who will properly diagnose you and your injuries at this phase. Once treatment is finished, we request a final set of medical records and bills to make sure we have not missed anything. Cases are typically not settled until the main treating physician diagnosis you with a serious injury which may extend the value of your case beyond what the available insurance carrier has on their policy limits, and if not, then it is usually after the physician has released you from his/her care. This treatment phase may be months or over a year depending on how serious your injuries are. The nature of your injury may affect the length of your claim (i.e. scars need to mature and heal & sometimes need revision, waiting for a doctor’s final narrative report could take 3 months, serious injuries take longer to heal and are sometimes followed up with therapy and/or surgery.) The response time to our requests from medical providers vary. Some are quick to respond and others are not. We do our best to push the process along. If your case does not settle, we may Arbitrate, Mediate or file a Complaint through the Court system. These options will be discussed with you as your case progresses. If you Arbitrate or Mediate, your case could be settled within 2-3 months of application. If you pursue your case through the Court system, it could take a year or longer before your case is tried in front of a jury. Sometimes your auto insurance carrier or the defendant’s carrier requires that you mediate or arbitrate before pursing it through the court system. Sometimes it will be necessary for you to personally provide us with information, especially in the initial stages. Every effort you make to get this information to us in a timely manner helps move your case forward. During your personal injury claim, we need to work as a team, and we need to communicate with each other. You also need to communicate with your treating physicians.