How long does a serious injury lawsuit take?
Timelines vary, but the phases do not. Knowing which phase a case is in explains most of the waiting, and identifies the few points where a decision genuinely accelerates resolution.
01Phase by phase
The first phase is medical, not legal. Until treatment reaches a plateau and physicians can speak to permanence, no credible demand can be made.
- Investigation and evidence preservation: first days to weeks
- Treatment through maximum medical improvement: months to a year or more
- Demand and pre-litigation negotiation: 30 to 90 days
- Filing and pleadings: weeks after negotiation fails
- Written and deposition discovery: 6 to 12 months
- Expert disclosure, life care planning, and economic analysis: 2 to 4 months
- Mediation and settlement conference: often within 90 days of trial
- Trial: typically 18 to 30 months from filing in busy California courts
02What causes real delay
Contested liability with multiple defendants, court congestion, defense motions, insurer refusal to evaluate before expert disclosure, and lien resolution with health plans after settlement. None of these are eliminated by pressure; they are managed by preparation that keeps a firm trial date credible.
03The cost of moving fast
Settling before treatment ends means settling without a future damages figure. In a catastrophic case that difference is not incremental — it is the majority of the recovery.
This article is general information about California and Nevada law and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the specific facts of each matter; prior results do not guarantee a similar outcome.