Find out how long your personal injury case may take
California personal injury litigation
process timeline
How personal injury litigation cases proceed from initial filing to trial is illustrated in this personal injury litigation timeline with San Diego County general jurisdiction as an example. Every case is different, but if your case needs to go to trial, this gives you a general idea of how long it might take.
California Personal Injury Litigation Timeline Process Summary
- A plaintiff starts the process by filing a lawsuit (“complaint”) with a California court
- The plaintiff serves the complaint on the defendant(s) (plaintiff must do this within 60 days [CRC 3.110])
- Process continues with the defendant filing a responsive pleading, such as an answer (typically containing a general denial), or a demurrer (in California), a 12(b)(6) motion to dismiss (in Federal Court), or a motion to strike. An answer may also contain a cross-complaint against the plaintiff or other parties
- After all parties respond, the court will deem the case at issue
- The parties may conduct discovery. This can include written interrogatory questions to one side and depositions
- At some point during the process, the court will set a Case Management Conference (CMC) which the parties (or their lawyers) must attend
- At the CMC, the judge may order the parties to mediation (the parties are required to file a Case Management Statement 15 days prior to the CMC)
- The judge may also set certain dates such as:
- Trial
- Trial Readiness Conference
- First Expert Exchange
- Second Expert Exchange
- Law and Motion Discovery Cutoff
- The judge may also set certain dates such as:
- After a judgment, either side may file post trial motions.
- Either side may appeal a final judgment. An appeal can extend the litigation process by a year or more.
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Courtesy of San Diego Personal Injury Litigation attorney, Steven Elia
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