At Maison Law, our attorneys represent those injured in life-altering accidents throughout California. We understand that many accidents are more than just fender-benders and those that lead to minor damages. Many turn lives upside-down and leave victims with questions that we can answer. Please do not hesitate to contact us today for more information on your claim, as well as a free legal consultation.
Timeline on Insurance Claims in California
In California, an insurance company has 85 days to completely settle a claim after it has been filed. However, up until those 85 days, there are some ways that an insurer has to communicate with the injured victim and their attorney. Here are some specific time frames that they must meet along the way:
- 15 days to acknowledge that they received the claim, as well as send over instructions to the policyholder concerning what to do next
- 40 days to make a decision concerning the claim after the policyholder filled out all necessary forms
- 30 days to make a final payment to the policyholder
As a policyholder, the victim of a California accident has the right to receive an efficient settlement. This means that the insurance company must meet all deadlines or else the policyholder has the right to make a claim against the company in a “bad faith” lawsuit.
If You Choose to File a Personal Injury Lawsuit Instead
Though the insurance company has a total of 85 days to settle a claim, it is different if you decide to move forward with a personal injury lawsuit. Unfortunately, a lawsuit is typically a much longer process than an insurance claim.
From start to finish, proceedings could last from weeks to months. This can depend on many factors, from how complex the details of the accident are to the defendant’s willingness to accept that they are responsible for the accident. Speaking with your attorney is the best way to receive an estimate of just how long you could be looking at if you decide to move forward with a claim based on these circumstances.
Timeline of a California Personal Injury Lawsuit
If you do make the decision to move forward with a personal injury lawsuit after a California accident instead of going directly through an insurance claim, you should be aware of the complete personal injury timeline. Here are some of the phases that you could endure throughout the process:
- The immediate aftermath, including medical attention that you receive
- Finding a knowledgeable attorney to handle your claim
- Launching an investigation and collecting evidence related to your case
- Attorney filing a claim with the insurance provider of the at-fault party to proceed with a claim
- Discovery process where evidence is gathered and facts are disputed
- Negotiation or mediation to possibly avoid trial with a settlement
- Going to trial and waiting for the scheduled trial to occur
- Receiving the verdict of what you are owed in compensation
- Collecting the compensation that is owed to you
As you can see, there are many ways that a personal injury claim can be delayed. However, it may be in your best interests to move forward with a personal injury lawsuit if you believe that an insurance claim will not cover all of your damages in the present and future. Speaking with your attorney can help you answer any questions that you have during these difficult and complex times.
Contact a California Personal Injury Lawyer Today
At Maison Law, our California personal injury lawyers understand how overwhelming it can be to face the aftermath of an accident on your own. We will provide you and your family with the resources that you need to successfully move forward with a claim against a responsible party. You should never have to face the aftermath of an accident alone. Please contact us today for a confidential and no-obligation case review.
