Personal Injury
No rule fixes the length of an injury case, and the court publishes no official average for one. California's goal is for trial courts to resolve 75 percent of unlimited civil cases within 12 months of filing, 85 percent within 18 months and all of them within 24 months, and a case must be brought to trial within five years. The case usually has to be filed within two years of the injury.
Last updated October 5, 2026.
"How long will this take?" is one of the first questions people ask about a claim covered on our personal injury page. The honest answer has two parts. Before a lawsuit, the time depends on medical treatment and on the insurer. Once a case is filed in the Los Angeles Superior Court, the California Rules of Court and the Code of Civil Procedure set the milestones described below. None of these rules promises a date for your case; they set the outer limits and the court's goals.
Our guide to what to expect at the Stanley Mosk Courthouse describes the same early steps from the courthouse side.
| Milestone | Time rule | Source |
|---|---|---|
| File the lawsuit | Generally within 2 years of the injury | Code of Civil Procedure 335.1 |
| Serve the complaint and file proof of service | Within 60 days after filing (court rule); no later than 3 years after filing (statute) | Rule 3.110(b); CCP 583.210 |
| Defendant's response | 30 days after service; one 15-day extension by agreement | CCP 412.20(a)(3); rule 3.110(d) |
| Request entry of default if no response | Within 10 days after the response time runs out | Rule 3.110(g) |
| Notice of the first case management conference | At least 45 days before it | Rule 3.722(b) |
| Case management statement | At least 15 calendar days before the conference | Rule 3.725(a) |
| Answers to interrogatories | Within 30 days after service | CCP 2030.260(a) |
| Close of discovery | 30 days before the date first set for trial; motions heard by the 15th day before | CCP 2024.020(a) |
| Settlement conference statement | At least 5 court days before the conference | Rule 3.1380(c) |
| Court may dismiss for delay | Only after 2 years without service or 3 years without trial | CCP 583.420(a) |
| Bring the case to trial | Within 5 years after filing | CCP 583.310 |
Rule 3.714(b) sets statewide case disposition goals. They are management targets for each trial court as a whole, not a promise for any one case, and the rule tells the court to consider each case on its merits and set it for trial as soon as appropriate for that case.
| Case type | Within 12 months of filing | Within 18 months | Within 24 months |
|---|---|---|---|
| Unlimited civil cases (generally more than $35,000 in controversy) | 75 percent | 85 percent | 100 percent |
| Limited civil cases ($35,000 or less) | 90 percent | 98 percent | 100 percent |
Code of Civil Procedure section 85 treats a case as limited only when the amount in controversy does not exceed $35,000 and the other conditions in that section are met. Most serious injury cases are unlimited. A case the court finds exceptional may be exempted from these goals and managed with the goal of finishing within three years (rule 3.714(c)).
Yes, in several ways. At the first case management conference the court decides whether to send the case to an alternative dispute resolution process (rule 3.722(a)), and settlement conferences under rule 3.1380 bring the people with full authority to settle into the same room, since rule 3.1380(b) requires them to attend personally unless excused. A defendant who never responds can face a default judgment. At the other end, a plaintiff who lets a case sit risks dismissal: section 583.410 lets the court dismiss for delay in prosecution, but section 583.420 allows that only after two years without service or three years without trial.
When the court sets a trial date, rule 3.729 lists the factors it may weigh, including the nature and extent of the injuries or damages and whether they are ready for determination. A claim whose future treatment is still unknown can be harder to value and to set for trial.
Limited cases have tighter goals under rule 3.714(b)(2). A case with several defendants, cross-complaints or complex issues can take longer; rule 3.729 also lists the number of parties and the complexity of the issues among its trial-setting factors.
Against a city or county, a written claim comes first, the agency has 45 days to act (Government Code section 912.4), and a lawsuit generally must follow within six months of a written rejection (section 945.6). Our page on claims against Glendale or Los Angeles County covers that stage.
Rule 3.729 lists difficulties in identifying, locating or serving parties as a factor. If a defendant cannot be served within the 60-day court rule, an application to extend the time must be filed before the time runs out, with a declaration describing the efforts made (rule 3.110(e)).
A claim under your own uninsured motorist coverage runs on a separate track: arbitration must be started within two years of the accident and concluded within five years of starting it (Insurance Code section 11580.2(i)).
A case can settle at any stage. A formal statutory offer can change who pays costs, which our page on turning down a 998 settlement offer explains.
Cases brought by heirs or an estate follow the same court rules but involve more parties; our page on wrongful death and survival claims explains who may bring each one.
For example, imagine a hypothetical Glendale resident injured in a crash on March 3, 2026, who is still in treatment a year later. As an illustration of the dates only: she must file by March 3, 2028 under section 335.1. If her lawyer files the complaint on February 1, 2027, the court rule calls for service and proof of service by April 2, 2027, and the five-year trial deadline in section 583.310 falls on February 1, 2032.
Suppose the defendant is served on March 1, 2027. A response is due 30 days later, or 45 days with the one agreed extension. The court then sets the first case management conference with at least 45 days' notice, and her statement is due 15 calendar days before it. If a trial date is later set, discovery closes 30 days before it. The rules set these milestones; they do not predict when her case will resolve or how.
We have not found an official average published for injury cases in this court, so we do not quote one. The official figures available are the statewide goals in rule 3.714 and the five-year trial deadline in section 583.310. Your own timeline depends on the factors above.
The filing form sends injury cases to the location where the injury occurred, so the courthouse depends on where you were hurt. Our page on the Glendale Courthouse for civil and small claims cases describes that courthouse. We confirm the right courthouse before filing.
Under rule 3.722(c), each party's lawyer, and each party without a lawyer, must appear in person or remotely and be prepared to discuss the case. If the written statements are enough, the court may issue an order without any appearance (rule 3.722(d)).
Rule 3.110(g) requires the plaintiff to request entry of default within 10 days after the response time runs out. Once a default is entered, a default judgment generally must be obtained within 45 days unless the court extends the time (rule 3.110(h)).
Only for good cause. Rule 3.1332(c) lists examples such as the unavailability of an essential witness, a party or trial counsel because of illness or other excusable circumstances, or a significant, unexpected change in the case.
Once filed, yes; the court rules are the same. The difference is before filing, where a fall on city property needs a six-month claim, as our guide to a sidewalk trip and fall in Glendale explains.
We track every deadline in your case, from the filing date to discovery and trial, and keep you informed about what comes next. For an injury anywhere in the county, our page on the personal injury lawyer in Los Angeles County lists the local offices involved. Call (818) 244-9000 or request a consultation.
Our Glendale team can map the deadlines for your claim, from the filing date through trial.
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