If you are recovering from an injury in Santa Monica, you probably want to know when your case will be resolved and when you will be paid. The answer depends on your medical recovery, the insurers involved, whether a public agency is a defendant, and how Los Angeles County courts now handle injury lawsuits. Our Santa Monica, CA personal injury lawyer can give you a realistic timeline for your case and move it forward without settling for less than it is worth. Cohen Injury Law Group explains each stage to clients as it happens.
What Happens Before a Lawsuit Is Filed
Most claims begin with medical treatment and a demand to the insurer, and the timing of that demand matters. Settling before your doctors understand your long-term prognosis risks leaving out future care, so many demands wait until treatment has stabilized.
Once a claim is presented, California’s claims rules give insurers set periods to respond, and a formal time-limited demand must allow at least 30 days to accept. Both are explained in our guide to dealing with insurance companies after an accident. Claims against the City of Santa Monica add another step: the City has 45 days to act on a written claim before a lawsuit can proceed, as described in our statute of limitations guide.
How Los Angeles County Handles Injury Lawsuits Now
The way Los Angeles County Superior Court manages personal injury cases changed recently. For years, most injury cases were sent to a group of centralized courtrooms called the Personal Injury Hub. According to a February 2024 article by a former supervising judge of the court’s Civil Division, unlimited civil cases filed on or after January 8, 2024, including injury cases, must be filed in the district where the incident occurred or in the Central District, and new cases are no longer assigned to the hub. Each case is instead assigned to a single judge for all purposes.
For a Santa Monica crash, the case may be heard in the court’s West District, which includes the Santa Monica Courthouse. Our guide to Santa Monica courts and filing a personal injury lawsuit covers the filing process. California’s Standards of Judicial Administration set goals for courts to resolve 75 percent of unlimited civil cases within 12 months, 85 percent within 18 months, and all of them within 24 months. Those are goals for the court system, not guarantees for any single case.
Settlement Offers That Can Shorten a Case
If a defendant rejects a reasonable offer from you and does no better at trial, the court may order the defendant to pay the post-offer fees of the professional witnesses who testified for you. If you reject a defense offer and fail to beat it, you lose your post-offer costs, may owe the defendant’s costs, and may be ordered to pay its professional witness fees.
These offers often prompt serious negotiation and shorten the time to resolution. Weighing them is part of deciding between settlement or trial, and our car accident lawyer in Santa Monica, CA evaluates each offer against what a jury would likely award.
Cases That Tend to Take Longer
Some claims move more slowly because of who is involved or what is at stake:
- Claims against public agencies: Bus and public transit accidents involving Big Blue Bus, along with city sidewalk claims, require the administrative claim process before any lawsuit, and public entities have their own defenses to litigate.
- Severe injuries: Cases involving traumatic brain injuries or spinal cord damage often wait until doctors can estimate lifetime care costs.
- Several defendants: A crash involving a rideshare driver, a second motorist, or a commercial carrier brings more insurers into the case, as our guide to liability explains. Our truck accident lawyer in Santa Monica, CA handles cases where a carrier’s records must be obtained in discovery.
- Fatal crashes: Wrongful death claims can involve several family members and estate issues that add steps.
After a Settlement: When You Get Paid
Reaching an agreement is not the last step. You will sign a release, and the insurer must pay within 30 days of settlement under California’s claims rules. Before funds are distributed, liens from health insurers, hospitals, Medi-Cal, or Medicare must be resolved. A settlement for a child also requires a court hearing to approve it and the attorney fee, as explained in our guide to how contingency fees work.
Talk to a Personal Injury Attorney in Santa Monica, CA About Your Timeline
Attorney Wayne R. Cohen has practiced law since 1991 and has been named to Washingtonian’s Top Lawyers Hall of Fame. Attorney Nicholas E. Cohen uses the firm’s case management systems to keep clients updated as their cases move forward. Cohen Injury Law Group also represents drivers injured in nearby Beverly Hills.
Consultations are free, and you pay no attorney fees unless we recover compensation. Contact our team to discuss what to expect in your case.
Calling us is
always free.
FREE Case Evaluation - 1 Free Evaluation
- 2 We Build Your Case
- 3 Financial & Emotional Recovery
Office Locations
-
Santa Monica
2636 Lincoln Blvd
Santa Monica, CA 90405 -
Santa Monica – Broadway
520 Broadway, 2nd Floor
Santa Monica, CA 90401 -
Los Angeles
633 W 5th St, Unit 2876A
Los Angeles, CA 90071 -
Ventura
394 E Main St, Suite 302
Ventura, CA 93001
Schedule your no-cost consultation.