Are Settlements Usually Faster in California Than Trial Cases?

Personal injury claims in California may arise from a range of incidents, such as car crashes, truck accidents, or slip-and-falls. When someone suffers an injury due to another’s fault, they typically have two pathways to pursue compensation: negotiate a settlement with the defendant or take the case to trial.

Injury victims may want to know whether the settlement process is generally faster than going to trial. The answer is yes. In an overwhelming majority of personal injury cases, a settlement between the parties is reached relatively quickly. Only a few cases go to trial, where the litigation process may be longer and uncertain.

To recover compensation for personal injuries in the Oxnard area through a settlement or trial, you should get legal representation from a top-rated attorney.

Negotiation Process is Less Rigid than a Courtroom Trial

In a California personal injury case, settlement negotiations between the insurance company and the victim’s attorney usually begin as soon as:

• The injured victim’s medical treatment is completed or they have reached maximum medical improvement (MMI).

• The victim’s Oxnard personal injury lawyer has determined the full extent of damages, such as medical costs, lost income, and pain and suffering.

Unlike a trial, which must go through formal litigation procedures, such as discovery, court motions, and numerous hearings, the settlement process involves discussions behind closed doors between the representatives of the victim and the defendant.

More Control Over Decision and Timeline

A settlement gives both sides greater control over the timeline and the outcome. Insurance companies are generally willing to settle faster if the injured party is represented by an experienced personal injury lawyer with a proven record and known trial capabilities.

Once the insurer recognizes that the plaintiff’s lawyer won’t back down until a fair settlement is reached, they may want to settle faster to avoid facing a strong opponent before a jury. Moreover, both parties have better control over the pace at which settlement negotiations are conducted.

A personal injury trial, on the other hand, must proceed according to the procedural formalities and timelines prescribed under California’s Code of Civil Procedure and the rules of the local court.

Court System Backlog Slows Down a Trial

The courts in California are overburdened, especially in all the major counties. If negotiations between the two parties fail to yield a satisfactory settlement, the case will proceed to trial. That’s when substantial delays may be encountered because of the court’s scheduling challenges and packed court dockets.

Step 1: File the Claim

To initiate the claim process, your Oxnard personal injury lawyer will file a third-party insurance claim with the defendant’s insurance company. If the defendant is uninsured or it’s a hit-and-run case, your lawyer may file an uninsured/underinsured motorist (UM/UIM) claim with your own insurance company, if your policy includes this coverage.

Step 2: Submit a Demand Letter

Based on the case investigation, evidence collection, and analysis, your personal injury attorney in Oxnard will identify all the liable parties as well as the full extent of your damages. The attorney will then submit a strong demand letter to the insurer including details of:

• The accident

• Liability

• Your injuries

• Record of medical treatment

• Documents showing lost wages

• Claim of pain and suffering

• The proposed amount of settlement

Step 3: Settlement Negotiations

The defendant’s insurance company will review the demand letter, and may:

• Accept your proposed settlement amount (which is rare)

• Reject your demand outright

• Send a counteroffer in writing

Following the insurer’s response, multiple rounds of negotiations involving settlement offers and counteroffers from both sides may occur, finally ending with a mutually acceptable settlement amount.

Step 4: Formal Settlement Agreement

Once a fair settlement is reached in principle, the injured victim will sign a settlement release that formalizes the claim resolution in exchange for a mutually agreed-upon compensation amount. Actual payment generally reaches the victim’s account within a few weeks of signing the settlement agreement.

Although a settlement is almost always faster than a trial, the actual duration may vary depending on the facts of a particular personal injury case.

• Cases Involving Minor Injuries: Financial stakes are relatively low, so a settlement may usually be reached within two to six months after the completion of medical treatment.

• Cases Involving Moderate Injuries: Settlement may take about six to 12 months after medical treatment is over, particularly if liability is disputed.

• Cases Involving Catastrophic Injuries or Wrongful Death: A settlement may be reached in about 12 to 24 months or more, considering the high financial stakes involved.

If a fair settlement cannot be reached between the injured party and the insurance company, the personal injury case will go through various stages before trial:

• Complaint and Answer: The plaintiff files a personal injury lawsuit, and the defendant submits an initial response (up to 60 days)

• Discovery: The formal discovery process involves the exchange of evidence between both sides, witness depositions, and expert testimony (six to 18 months or more)

• Pre-Trial Motions: This involves requests for summary judgment, evidence rulings, etc. It is followed by a trial date assignment, which may be delayed due to court backlogs.

• Trial: A personal injury trial in California may generally last from several days to a few weeks, depending on the complexity of the case and liability disputes involved.

Average Timeline

In general, personal injury trials in California take anywhere from 18 to 36 months from the date of filing a lawsuit to the date of reaching a verdict.

Faster Resolution

Injured victims typically face financial challenges after an accident, and seek maximum financial relief as soon as possible to cover their mounting medical bills, loss of income, and emotional trauma.

Predictability

Injured parties typically prefer the certainty and control of the settlement process rather than face the unpredictability, stress, and uncertain outcomes of a jury trial.

If you or a loved one is injured in an accident, you should hire a seasoned personal injury attorney in Oxnard with a proven record of settlements and verdicts. Your attorney will fight tooth and nail to achieve the highest possible settlement for you while remaining prepared to go to trial if it becomes necessary.