A car accident lawsuit can take from a few months to a few years. How long a lawsuit will take depends on several factors, including your choice of lawyer and when you have received the treatment, among other things. A settlement compensation can also take up to a few years.
How long does a car accident settlement take to complete?
This is why most settlements don't happen until discovery is complete. (Car accident cases in particular tend to settle via the insurance claim process, perhaps after a few weeks or months, but once a lawsuit is filed, settlement is unlikely until the parties complete discovery.)
How long does a personal injury lawsuit take to settle?
One of the most contentious matters involved in a car accident case is the level of damages requested in the claim. If the measure of damages is relatively low, the insurance company may decide to quickly dispose of the case and a person may have the case settled within a matter of a few months. If the insurance company does not believe that ...
Why does it take so long to get a settlement?
With that being said, typically the average auto accident claim is settled, without having to file a lawsuit, 6 to 12 months after the accident. Once your treating physician is of the opinion that your injuries have improved as much as they ever will, (or in other words, that you are as good as you are ever going to get) which is usually 4 to 6 ...
How long does it take to complete an accident discovery?
How long does it take to settle a car accident case?
From start to finish, a car accident lawsuit will probably take at least one year to complete, assuming it goes to trial and there is no appeal. But just because a car accident lawsuit has begun, it doesn't mean it will go to completion. In fact, that's very unlikely. At some point in the process, the case will usually settle before trial.
How long does it take for a lawsuit to settle?
This means most cases settle within a few months to a few years after the lawsuit commences .
How long does it take to get a car accident trial?
Step 5: The trial occurs. A car accident trial usually only takes a day or two to complete. Step 6: Potential appeal. If one of the parties isn't happy with the result of the trial, an appeal is possible.
What do you want to do after a car accident?
All you want to do is heal, get your car back on the road, and get on with your life feeling whole again. Especially when filing a personal injury lawsuit is the only way to achieve this goal, you may wonder how long it will take to resolve the matter.
What would happen if all car accidents were about money?
If all car accidents cases were only about the money, it would be easier to predict how long they might take to complete. But some cases aren't about the money. Plaintiffs may be fighting based on principle, and the lawsuit may represent an opportunity to get justice.
Do car accidents settle?
Most car accident cases settle, and do not result in litigation (the civil lawsuit process). However, if there is a dispute as to who was at fault for the crash, or the scope and extent of an injured person's damages, a car accident lawsuit becomes a distinct possibility.
Can a defendant drag out a case?
Defendants may recognize they have a losing case, but want to make things as difficult as possible for the plaintiff, and therefore drag out the case as long as possible. It's a practical reality that when things get personal, the litigation process can take much longer than necessary.
What happens when a car accident is not well documented?
Another scenario can arise when the car accident case is not very well-documented. The claims adjuster may lack adequate information to settle the case, such as medical reports regarding the injuries the victim suffered, a police report regarding the accident or evidence pertaining to liability.
Why does a settlement take longer?
If a claims adjuster has a particularly large volume of claims to work through , it is likely that a settlement offer may take longer for the accident victim to receive. Another factor that can impact the forthrightness of a settlement is the internal claims process that the insurance company uses.
Why don't personal injury attorneys settle?
While many personal injury attorneys settle the majority of cases without going to trial, there may be valid reasons why your own attorney may not want to settle yet and has not raised the issue with the insurance company. For example, if you are still undergoing medical treatment, your attorney may want to wait until all of your bills are in and until it is known whether you will require ongoing medical treatment. Additionally, your attorney may want to wait to see if your injury will impact your career so that he or she can request additional damages for this reason.
Why is liability not clear?
For example, liability may not be as clear due to the particulars of the accident or the parties involved. One vehicle may have stopped suddenly because of a vehicle swerving in front of it, causing a third party to crash into the back of the stationary vehicle.
What is the most contentious matter in a car accident?
One of the most contentious matters involved in a car accident case is the level of damages requested in the claim. If the measure of damages is relatively low, the insurance company may decide to quickly dispose of the case and a person may have the case settled within a matter of a few months. If the insurance company does not believe ...
What is an example of a precarious financial situation?
For example, he or she may have incurred significant medical expenses and be without the funds necessary to pay them. At the same time the injured individual may not have been able to return to work, leaving him or her in a precarious financial position.
Do insurance companies have their own lawyers?
Some large carriers may have a conservative philosophy regarding settlements and may offer lower settlements than other carriers. Many of these types of insurance companies have their own legal firm or attorney on retainer and factor in the potential cost of litigation into their overall business plan.
How to get insurance to agree to a settlement?
To get an insurance company to agree to a high settlement amount, you need to prove that the amount is warranted based on the victim’s damages. This involves determining the full scope of economic and non-economic damages, putting a dollar amount to these damages, and assembling proof that the damages occurred and that the dollar amount accurately reflects the damages.
How long does it take to negotiate a car accident claim?
On average, negotiations take around two weeks to three months, but this average may not apply to every case. Negotiation time can vary depending on the skill of the negotiator, the complexity of a case, and the evidence available in a case.
How long does it take to report an accident in California?
Per California law, auto accidents must be reported to the DMV within 10 days if anyone was injured or killed, or if the accident caused more than $1,000 in property damage. Reporting your accident is time sensitive, required by law, and will be relevant to your claim if California auto insurance is involved, so don’t neglect this step in the post-accident process.
What to do after an accident?
Immediately following an accident, there are two important things to do: seek medical care and document the scene. The first, seeking medical treatment, is the most important of all, since you need to take care of your health above all else. From a legal perspective, seeking medical treatment right away is also vital because medical records provide an official documentation of your injuries. Having this documentation can be very important for settling a personal injury claim swiftly and for an amount that’s appropriate. That’s why you should always seek medical care after being injured in an accident. This is true even when you think your injuries aren’t particularly severe, since injuries that seem minor right after an accident can end up being extremely serious at a later date.
Do car accidents go to trial?
Car accident cases usually resolve with settlements, but sometimes a trial is required for a victim to receive fair and appropriate compensation for their losses. Whether or not an accident case goes to trial has the biggest impact on the time it takes to close it. Generally, settling is always the easier and faster option, and that’s why most cases end in settlements. However, in some cases, an insurance company may refuse to negotiate in good faith. In such instances, a victim may need to go to trial to receive appropriate compensation for their damages. So, while litigation takes longer than settling, filing a personal injury lawsuit is sometimes the best option for an injury victim.
Here are 5 important things you should know about an auto accident settlement in Florida
The main factor that impacts the time between injury and settlement is the extent of your injuries. The last thing we want to do is to resolve your case while you are still receiving medical treatment, without a good understanding of the extent of your injuries and what your future medical condition and medical expenses will be.
Working with a Car Accident Attorney
Keep your car accident attorney informed of all your doctor appointments and medical treatment so that we can obtain the records and bills. At Hancock Injury Attorneys, we create spreadsheets and medical chronologies for all our clients, updating as required, to keep up with their medical treatment as their care progresses.
Car Accident Claim Timeline
- Right After The Accident: Medical Treatment & Documentation
Immediately following an accident, there are two important things to do: seek medical care and document the scene. The first, seeking medical treatment, is the most important of all, since you need to take care of your health above all else. From a legal perspective, seeking medical treatm… - Don’t Admit Fault, Apologize, or Say You Aren’t Hurt
After your accident, there are a few things you should avoid saying if you want to protect your rights (and help your injury claim move forward more smoothly and quickly). Don’t admit fault after your accident, even if you think you were at fault. It’s possible that you’re wrong or that anot…
Other Factors That Affect Car Accident Settlement timelines
- Severity of Injury
The severity of a victim’s injuries can impact how long it takes to settle their case. Typically, accidents involving more severe injuriesinvolve larger damages. Getting an insurance company to agree that a large settlement is fair and appropriate can take diligence, research, patience, and p… - The Complexity of Liability
So many things can complicate liability in a car accident case, which will in turn affect how long it takes to settle the case. The number of involved parties affects the complexity of liability, since you need to determine how at fault (or not at fault) more parties are. The types of parties involve…
Hire A Car Accident Lawyer in Los Angeles, California
- If you or a loved one has been injured in a car accident due to the negligent, reckless, or malicious actions of another party, contact LA Lawyers Grouptoday to receive a free case evaluation. Our experienced personal injury attorneys are dedicated to fighting for the rights of car accident victims across Southern California. Our team understands the diligence and attention to detail th…