How long does the average medical negligence claim take in California?

If you’re considering starting a claim for medical negligence then you need to be prepared that it can take up to several years to see a successful outcome for your claim. 

In California, the law states that medical malpractice lawsuits must be filed within one year of the patient discovering the injury or within three years of the date that injury occurred—whichever comes first.  A  rough estimate for the average negligence claim in California to be resolved is 2 to 3 years. The shortest claims will have clear evidence linking harm or injury to negligence. However, even these cases will require expertise in medicine negligence damages to present your claim. This is why you need a lawyer who specialises in medical negligence. Where the defendant responds promptly to a claim and admits their negligence, a settlement out of court may be reached within just a few months. However, this is not typical.

One of the most common frustrations seen by claimants is ‘why is my medical negligence claim taking so long to go through?’ You may be suffering with loss of earnings and struggling to pay for medication which makes the time frame seem even longer. 

While an early settlement may seem appealing at first when you need the money, it’s important to consult closely with your attorney to ensure that you are not losing out in the long run. A lawyer with experience in the medical negligence legal field can advise you whether or not an early settlement, if offered, will be the best option or not.