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How Long Does a Personal Injury Lawsuit Take?

How Long Does a Personal Injury Lawsuit Take?

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How Long Does a Personal Injury Lawsuit Take? | McCrary Law Firm

According to the National Center for Health Statistics, nearly 25 million people seek emergency medical attention for accidental injuries each year. If your injuries were caused by the careless or reckless conduct of another party, you can file a personal injury claim to recover financial compensation for your damages, including medical bills, lost wages, and pain and suffering.

You may be wondering: How long does it take to bring a personal injury lawsuit in California? The answer depends on many different factors—and it is important to emphasize that many personal injury cases are settled before any trial. In this article, our Rocklin personal injury attorney provides a comprehensive overview of the average timeline for a California personal injury case.

Personal Injury Guides: What to Know About the Timeline of a Legal Claim

After an accident, it is normal to have a lot of questions running through your head. Most people want to know how long they should expect their case to take. Unfortunately, there is no one answer to this question—the timeline can vary dramatically based on the severity of your injuries and the complexity of your case. In the fastest cases, a personal injury case may settle within a few weeks. On the other of the spectrum, personal injury litigation can take years. Here is a brief overview of the timeline in an accident and injury case in California:

  • Medical Treatment: You should get immediate medical attention after an accident. Your health and well-being always come first. Make sure you get the ongoing and follow-up care needed to make a maximum medical recovery. You will not be eligible to bring a personal injury lawsuit without medical records.
  • Investigation of the Accident: All serious accidents require a comprehensive investigation. The investigation should start promptly and continue until all evidence is discovered. Whether you were hurt in a traffic collision or a slip and fall, we need to know exactly what happened and why. Personal injury cases are based on fault. You need to prove the defendant’s liability to recover compensation.
  • Notification & Demand: To bring a successful personal injury claim, a plaintiff must notify all applicable defendants and their insurance carriers. In most cases, your attorney will send a demand letter within a few weeks of being hired. A demand letter is official legal notice that you have a claim and you are preparing to pursue compensation.
  • Settlement Negotiations: Not all personal injury claims require a lawsuit. Even if a lawsuit is required, the case may still be settled outside of court. How long settlement negotiations take depend on the severity of your injuries, the value of the case, and strategy of the defendant’s or insurer’s cases. Though, on average, settlement occurs within months of an accident.
  • Personal Injury Litigation: Sadly, not all defendants or insurers are willing to settle a claim for full and fair value. You always have the right to file a lawsuit and take your case into a California court. With some exceptions, it usually takes one or two years for a trial verdict in personal injury litigation.

As every personal injury case has its own contours, it is crucial that you receive the personalized representation that you need to get a successful outcome. When your claim is handled the right way, you will be able to navigate the claims process more efficiently and more effectively, Of course, personal injury claims should not be rushed. With a strong, well-presented case, you will be in the best position to maximize your compensation.

You Must File a Lawsuit Before the Deadline: You must file a lawsuit before the statute of limitations expires. Under California law (California Code of Civil Procedure § 335.1), most personal injury cases are subject to a two-year statute of limitations. If you fail to take legal action within two years of the date of the accident, you could lose out on your opportunity to get the full and fair financial support you rightfully deserve.

Most Accident and Injury Claims are Settled Outside of a Lawsuit



It is important to emphasize that only a small percentage of personal injury claims are resolved at trial. While comprehensive data is difficult to come by, the Bureau of Justice Statistics (BJS) estimates that fewer than five percent of personal injury cases go to trial.



That being said, defendants and insurance companies will not offer a full and complete settlement unless you can present a strong, well-supported case. Further, in some circumstances, personal injury claims are not settled until after a lawsuit is filed.

If you or your loved one was hurt in an accident in Northern California, it is essential that you hire a top personal injury attorney. Your lawyer will put together a case, represent you in settlement negotiations, and take the action needed to protect your rights and interests.



You Deserve Full Compensation in Your Personal Injury Case


  • Emergency room treatment;
  • Medical bills and other costs;
  • Rehabilitative care;
  • Mental health counseling;
  • Loss of current and future income;
  • Pain and suffering;
  • Mental distress;
  • Scarring or disfigurement;
  • Permanent physical impairment; and
  • Wrongful death of a loved one.

How California Personal Injury Attorney Dan McCrary Can Help


Personal injury cases are complicated. Even relatively small mistakes can result in the delay or denial of your claim. Skilled in personal injury litigation, Dan McCrary, Esq knows how to get results for clients. With more than 14 years of experience representing insurers in personal injury claims, he knows exactly how these companies operate. When you reach out to our Rocklin law office, you will have a chance to consult directly with a personal injury lawyer who will:


  • Conduct a free, comprehensive review of your case;
  • Explain your rights and answer questions about the next steps;
  • Investigate your accident—gathering evidence of liability and damages;
  • Represent you in settlement negotiations with defendants and insurers; and
  • Take your personal injury claims as far as needed to maximize your financial support.

We know how frustrating the personal injury process can be. You need money to pay your bills now—our legal team is ready to take action to ensure that your case is resolved in a timely manner and you are able to get the full financial compensation you rightfully deserve. With the McCrary Accident Injury Law Firm, you never need to worry about the cost of hiring a five-star personal injury attorney. We represent injured victims on conteincy, so no upfront fees or out-of-pocket expenses.

Call Our Placer County, CA Personal Injury Lawyer for Immediate Help


At McCrary Accident Injury Law Firm, our California personal injury attorney is a skilled and results-oriented advocate for victims and their families. You are not alone—our team is here to help you navigate your claim. If you have questions about the length or timing of the personal injury process, we are more than happy to help. Contact us at 855-PLANDAN to set up a free, no obligation review and evaluation of your personal injury case. From our office in Rocklin, we represent injured victims throughout Placer County, including Auburn, Roseville, Loomis, Lincoln, and Colfax.

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Blogs Truck Accident

What Should I Do If a Company Truck Driver Hit My Car?

What Should I Do If a Company Truck Driver Hit My Car?

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Every time you get behind the wheel, you probably pass by several, maybe even dozens of company vehicles. California roads are filled with commercial vehicles—from neighborhood delivery trucks operated by Amazon, UPS, or FedEx to large tractor trailers owned by some of the nation’s biggest trucking companies. While these businesses have a legal responsibility to ensure that their drivers are trained and their vehicles are safe, company car accidents remain a serious problem.

This raises an important question: What should I do if my car was hit by a company vehicle? The short answer is that you should stop your vehicle, exchange information, report the crash, seek medical attention, and call a California car crash lawyer before you speak to an insurance company representative. In this post, our Placer County motor vehicle accident lawyer provides a more detailed explanation about the most important things you should know about company vehicle accidents in California.

Company Vehicles Accidents are a Highway Safety Threat

Company vehicles are often operated by professional drivers. We expect these drivers (and their employers) to take proper safety protocols. Unfortunately, that does not always happen. Quite the contrary, company vehicle accidents are a significant safety hazard on our roads. Some of the most common reasons why serious delivery truck/company vehicle accidents occur include:

  • Trucks of large size & that are difficult to maneuver;
  • Untrained or undertrained drivers;
  • Delivery drivers speeding to meet tight deadlines;
  • Frequent stops by delivery drivers;
  • Distracted driving;
  • Intoxicated driving;
  • Company vehicle defects; and
  • Inadequate/improper maintenance by the company.

The National Institute for Occupational Safety and Health (NIOSH) reports that more than 1,000 U.S. workers are killed in company vehicle accidents every year. Motor vehicle accidents are the first or second cause of death in virtually every industry. Tens of thousands more people—including other motorists, passengers, pedestrians, and other people not on the job—suffer serious or catastrophic injuries in company vehicle accidents. Whether you were hit by a major delivery company (Amazon, UPS, FedEx, etc.), a big commercial trucking company, or simply a company driver in a passenger car, you need to know how to protect your rights.

What to Do After a Company Vehicle Accident: An Amazon/Fedex/UPS Truck Hit My Car

Knowing that delivery trucks, semi-trucks, and other company vehicles present a safety risk, it is imperative that you know how to protect your rights after an accident. Even if you do everything right to avoid collisions, there is still a chance that a semi truck hit could hit your car or you could otherwise be involved in a significant crash. Here are five steps to take to put yourself in the best position to bring a successful injury claim from truck accident:

Get Immediate Emergency Medical Care: Medical emergencies require immediate attention. If you or your loved one was severely injured in a company vehicle collision, get an ambulance to the nearest emergency room. Non-emergency injuries should also be evaluated by a doctor. Protect your health.

Report the Company Vehicle Accident to the Police: In California, any commercial vehicle accident that resulted in an injury or major property damage must be reported to law enforcement. A state or local officer will be dispatched to help control the scene and write an official crash report. The police report is an important form of evidence. Be sure to request your own copy of the official crash report.

Document as Much Information as Possible: In California, company vehicle accident claims are fault-based legal cases. To hold a company liable, you must prove that their negligence (or their employee’s negligence) contributed to the crash. As explained in the Judicial Council of California Civil Jury Instructions, negligence is the failure to use reasonable care to prevent harm to others. The more evidence and information you have, the easier it will be to prove the company’s negligence. Evidence may include your testimony, eyewitness contact information, photographs of the crash damage, the identity of the company vehicle driver, the license plate of the commercial vehicle, and the name of the employer.

Do Not Make a Statement to the Insurance Company: Commercial vehicle accident cases are almost invariably defended by big insurance companies. An insurance adjuster is not on your side. They are building a defense. It is their job to find information that they can use against you. Among other things, this may include taking your words out of context. To protect yourself, avoid making a statement.

Get Help From a California Company Truck Lawyer: The best thing you can do after a company vehicle accident in Northern California is schedule a free, confidential consultation with a California car crash lawyer. Injured victims do not have to go up against delivery companies, trucking companies, or insurance companies alone. Your California car crash lawyer will review your case and tell you the next steps that you need to take to get justice and compensation.

You Deserve Full Financial Compensation for Your Injuries

In California, motor vehicle accident victims are entitled to financial compensation for their damages. Trucking companies, delivery companies, and other commercial vehicle operators do not make the claims process easy. They are represented by aggressive insurance companies that are looking to settle a claim for the lowest amount possible. At McCrary Accident Injury Law Firm, our California car crash lawyer has the skills and experience to help you maximize your settlement or verdict. Depending on your case, financial compensation may be available for:

  • Ambulance fees and emergency room care;
  • Medical bills and other expenses;
  • Physical therapy and mental health therapy;
  • Loss of current and future earnings;
  • Pain and suffering;
  • Long-term disability; and
  • Wrongful death damages.

How Rocklin, CA Auto Accident Lawyer Dan McCrary Can Help

Company vehicle accident claims are complex. After a commercial vehicle accident, you need a plan of action. The company and its insurers will certainly have one. As a personal injury litigation professional, Dan McCrary, Esq has more than a decade of experience working on behalf of insurance companies. He possesses a deep understanding of their tactics and has switched sides to fight for people who need help the most. When you call 855-PLANDAN, you will have a chance to consult with a Placer County company truck accident lawyer who can:

  • Comprehensively review your commercial vehicle crash case;
  • Answer your questions and explain the next steps in the process;
  • Investigate the collision—securing the important evidence; and
  • Take aggressive action to get you justice and full financial support.

Every company truck accident claim is unique. You need a personal injury advocate who will put in the time, resources, and get you the best possible results, We provide personalized representation to injury victims and their families. As the McCrary Accident Injury Law Firm represents injured victims on contingency, you never have to worry about upfront or out-of-pocket costs. Our law firm only gets paid when you get financial compensation for your injuries.

Contact Our California Commercial Vehicle Accident Attorney Today

At McCrary Accident Injury Law Firm, our California car crash lawyer has the skills and experience to represent you in complex commercial vehicle collision claims. If you have any questions about what to do after a collision with a company truck, we are here to get you answers. Contact our legal team now at 855-PLANDAN for a free, fully private review and assessment of your company truck accident claim. With a legal office in Rocklin, we serve communities throughout the region, including in Placer County, Nevada County, Yuba County, Sierra County, and El Dorado County.

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Blogs Uber or Lyft

I Was Injured While Riding in an Uber® or Lyft® Vehicle – What’s Next?

I Was Injured While Riding in an Uber® or Lyft® Vehicle - What’s Next?

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Uber or Lyft vehicle Vehicle Accidents | I Was Injured While Riding in an Uber

Ridesharing vehicles (Uber & Lyft) offer a popular, cost-effective transportation option in Northern California. Unfortunately, Ubers and Lyfts are not always as safe as they should be. Accidents happen—and when one does, passengers need to know how to protect their health, safety, and legal rights. Here, our Folsom car accident lawyer discusses the most important things you should know about Uber & Lyft collisions in California.

Claims After a Rideshare Accident: Four Steps to Protect Your Rights

Ridesharing companies have a legal duty to ensure that their drivers and vehicles are reasonably safe for passengers. As a customer, you are forced to put a lot of trust into the hands of Uber/Lyft and their individual drivers. It is imperative that you know what to do if a crash happens. Here are four steps that you should take after an Uber accident or Lyft accident:

1.Get Medical Attention: If you were hurt in an accident as a ridesharing passenger, you need to see a physician. Nothing comes before emergency medical attention. A severe injury may require an ambulance ride to the nearest hospital. It is your right to see a doctor. All injuries should be evaluated—not only is getting medical care important to protect your health and well-being, but you will not be able to bring a claim unless you have documentation. See a doctor right away.

2.Document the Crash: Under California law, passengers are not held to the same legal duties after an accident as are drivers. Nonetheless, it is still in your best interest to document the crash and record information. First and foremost, you should make sure that your Uber or Lyft driver reports your accident to the police. You should not be deprived of a full investigation of your collision. To the best of your ability, it is also a good idea to take pictures of the damage and crash scene. Last but not least, try to get the information for all vehicles and drivers involved in the wreck. The more details you have, the easier it will be to recover compensation for your injuries.

3.Notify the Ridesharing Company: As a passenger, you have a responsibility to report your accident to the ridesharing company. The individual driver should also make the company aware of the crash. Unfortunately, you cannot always rely on Uber/Lyft drivers to fulfill their duties. If you fail to do so in a timely manner, it could undermine your ability to recover full and fair personal injury compensation. Both Uber and Lyft allow you to provide notification through the app. Additionally, you can use the reporting tools online. For Uber: Report an accident. For Lyft: Report an accident.

4.Get Free Help from a Rocklin Uber/Lyft Accident Lawyer: While you should always notify Uber or Lyft that an accident occurred, you have no obligation to give a statement to the ridesharing company or its insurance carrier. It is not in your best interests to speak directly to a corporate representative or an insurance adjuster. Instead, you should schedule a free consultation with an experienced California ridesharing accident attorney. Your lawyer will review your case and provide a step-by-step explanation of what you need to do to get compensation.

Insurance Claim After an Uber or Lyft Vehicle Accidents

One of the most complicated things about Uber or Lyft vehicle accidents are insurance. Many people have questions about how exactly the overlapping insurance policies will impact their case. As you are probably already aware, ridesharing drivers use their own personal vehicle while working on behalf of Uber and/or Lyft. When they are ‘off-the-clock’, the driver is covered by their own personal (individual) auto insurance policy. When they are picking up ridesharing passengers, they are covered by a commercial insurance policy.

Notably, our state has put ridesharing insurance regulations in place to help protect passengers and members of the general public. As explained by the California Department of Insurance, the new insurance rules enacted in 2015 help to ensure that all Uber and Lyft drivers have adequate liability coverage. By California law, ridesharing companies must provide their individual drivers “$1 million in liability coverage from the time a match is accepted until the passenger exits the vehicle.” As a passenger, you are protected by this commercial insurance policy.

Even with California’s enhanced insurance protections, ridesharing passengers still face some challenges in recovering the full and fair financial compensation that they deserve. Commercial insurance carriers are notorious for their aggressive defense practices. If you have any specific questions or concerns about ridesharing crashes and California’s insurance regulations, please do not hesitate to contact our Uber/Lyft accident lawyers for immediate assistance with your case.

Injured in a Uber or Lyft vehicle accidents? We Will Help You Maximize Your Financial Recovery

After an Uber or Lyft crash, injured passengers need to pay their bills and compensate them for their pain, suffering, and other damages. Unfortunately, the major ridesharing companies are represented by aggressive insurers. They try to settle claims for less than full value—sometimes denying liability altogether. At McCrary Accident Injury Law Firm, our attorney is here to level the playing field. We fight tirelessly to help our clients maximize their financial recovery. If you were hurt in an Uber or Lyft accident, you may be eligible to recover compensation for:



  • Ambulance bills and other emergency medical care;
  • Medical bills and expenses;
  • Rehabilitative treatment;
  • Mental health counseling;
  • Lost wages;
  • Loss of earning potential;
  • Pain and suffering;
  • Permanent physical impairment;
  • Long term disability; and
  • Wrongful death damages.

How Folsom Attorney Dan McCrary Can Help With Your Uber/Lyft Injury Lawsuit

Ridesharing accident claims are complex. If you were a passenger in an Uber or Lyft that crashed, you need to know how to protect your rights. As a personal injury lawyer with nearly two decades of experience, our founder Dan McCrary, Esq has been on both sides of the table. Using insider knowledge from the insurance industry, he knows exactly what needs to be done to maximize your financial recovery. When you call 855-PLANDAN, you will be able to speak to a California Uber & Lyft accident attorney who will:



  • Listen to your story, answer your questions, and explain the next steps in the claims process;
  • Make sure that you get the professional, comprehensive medical care that you deserve;
  • Investigate your ridesharing passenger crash—gathering evidence and information;
  • Handle all correspondence and settlement negotiations with insurance companies; and
  • Take your case as far as necessary to maximize your financial compensation.

Every ridesharing passenger accident claim is unique. As Uber, Lyft, and their insurance companies are highly aggressive in defending claims, you need a strong, reliable personal injury advocate on your team. We will put in the time, personal commitment, and attention to detail to get you results. McCrary Accident Injury Law Firm represents motor vehicle accident victims on contingency—there are no upfront charges or out-of-pocket fees for our clients. We get paid when you get paid.



Get Help From Our California Uber & Lyft Accident Lawyer

At McCrary Accident Injury Law Firm, our California auto accident lawyer had the skills, knowledge, and real-world experience to handle the full spectrum of ridesharing accident claims. If you have questions or concerns about Uber or Lyft vehicle accidents, we are more than qualified to help. Contact our firm today at 855-PLANDAN for a free, no strings attached review of your ridesharing accident claim. From our Rocklin law office, we represent injured victims throughout the region, including in Roseville, Folsom, Sacramento, Rancho Cordova, Placerville, Lincoln, Auburn, and Elk Grove.

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Blogs

What Makes McCrary Law Firm Stand Out

What Makes McCrary Accident Injury Law Firm Stand Out

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Thanks for stopping by our blog. If you’re looking for more information about McCrary Accident Injury Law Firm, you’ve come to the right place.

About McCrary Accident Injury Law Firm

We are a law firm specializing in personal injury litigation. Although we started in November 2017, the owner, Dan McCrary, has fourteen years of experience working for insurance companies defending against personal injury lawsuits. Dan finally decided to switch to the plaintiffs’ side and created the McCrary Accident Injury Law Firm.

We provide our services in Chicagoland Area and San Francisco Bay Area.

The McCrary Accident Injury Law Firm Difference

What sets us apart from the rest of our competitors is the fact that we provide hands-on personal attention to our clients that they won’t get with the larger firms. Dan personally handles all the cases from beginning to end, rather than handing them off to an inexperienced associate.

Moreover, we take cases on a contingency. So, clients have no upfront costs and they don’t pay until we win. We represent anyone who has been injured in an accident as a result of someone else’s negligence. We are deeply committed to ensuring that our clients get the compensation they deserve for their injuries.

Within the first five years of setting-up, we plan to obtain millions of dollars in settlements for our clients and also to obtain large verdicts in jury trials.

To learn more about McCrary Accident Injury Law Firm, please click here. If you have any questions about how we can help you, we’d love to hear from you. Please contact us here.

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Owner Spotlight: Dan McCrary

Owner Spotlight: Dan McCrary

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Author: McCrary Accident Injury Law Firm | | Categories: , Defective Product Injury , Job Site Injury , Personal Injury Attorney , Personal Injury Lawyer , Traumatic Brain Injury , Wrongful Death Claims

I’m Dan McCrary, proud owner of McCrary Accident Injury Law Firm.

I look forward to sharing my story. I hope that you will enjoy getting to know me better.

I started my own law practice that specializes in accident and injury law to help injured people secure the compensation they deserve. After working for fourteen years on the other side representing the insurance companies, I acquired the skill and knowledge necessary to obtain maximum recovery for my clients.

The McCrary Accident Injury Law Firm was started in November 2017, but I have been practicing as a personal injury litigation attorney for fifteen years. Presently, I aggressively represent my clients in dealing with the insurance companies and opposing counsel to ensure that their grievances are being promptly and fairly addressed.

People come to me upset, nervous and hurt. I take great pride in comfortably guiding them through the complicated legal process. I enjoy their sense of fulfillment they have when they receive financial compensation for their injuries. The sheer relief and joy on my client’s face when I received my first favorable jury verdict, is a moment I will never forget. Ensuring that all my other clients also enjoy such a feeling is what drives me to keep doing what I am.

As an individual, I believe what sets me apart from the others is my honesty, integrity, and confidence. I always conduct myself with the highest of ethical standards and professionalism while still zealously advocating for my clients’ rights. These aspects, along with my years of industry experience coupled with my relentless pursuit of justice for my clients, has what has helped me achieve success in a short period of time.

When I am not at work, I enjoy taking part in activities along with my six-year-old daughter, as well as hiking, snowboarding, working out, traveling, and wine tasting.

I have enjoyed sharing my story about the things which matter to me and how they influence the way I do business.

If you or someone you know could benefit from our expertise in accident and injury law, I invite you to get in touch. Please visit our website at www.mccraryinjurylaw.com.

Sincerely,

Dan