How Long Does It Take to Settle a Car Accident Case? The Auto Accident Settlement Process Explained
Have you been involved in a car accident and are wondering how long it will take to get a settlement? Settling a car accident case can be a lengthy and complex process. This article provides an overview of the timeline and factors that impact how long it takes to settle a car accident case.
Settling a car accident case involves negotiations between personal injury attorneys, insurance companies, and other parties. The settlement process aims to determine who is at fault and the compensation amount for any injuries or losses. Most car accident cases settle before going to trial, but the time it takes depends on the complexity of the case.
What Happens Immediately After a Car Accident?
After a car accident, the first steps involve seeking medical attention for any injuries, reporting the accident to law enforcement, and filing an insurance claim. If you’ve been injured in a car accident, your top priority should be your health and safety.
Once you have taken care of your immediate needs, the car accident case begins. You should always contact your local car accident lawyer for sound advice in this process. You may choose to file a lawsuit against the other party involved in the accident, particularly if you believe they were at fault. If you decide to file a lawsuit, the process can take anywhere from several weeks to several months, or even longer, depending on the case.
How Long Does It Take to Get a Settlement Check?
The average car accident case takes anywhere from 6 months to 2 years to settle, but it can take longer in more complex cases. Here are some general timeframes:
- Minor Injuries – 6 months to 1 year
- Major Injuries – 1 to 2 years
- Wrongful Death – Over 2 years
However, every car accident case is unique, so there is no definitive timeline. Some cases can resolve in a few months while severe cases involving fatalities can take over 3 years.
What Factors Determine How Long a Car Accident Case Takes to Settle?
Several key factors impact the time it takes to settle a car accident case, including:
The Severity of Your Injuries
More serious injuries often require longer medical treatment and negotiations. Minor soft tissue injuries may settle within 6-9 months, while severe injuries like brain trauma or spinal cord injuries can take over 2 years. The more medical bills and proof of impact on your life, the higher potential damages.
Multiple Parties and Insurance Companies
When multiple insurers and parties are involved, negotiations become more complicated. It takes time to determine each party’s fault percentage and settlement amounts. Cases with only one liable party tend to settle faster.
Disputes Over Fault and Liability
Disagreements over who caused the accident, the extent of injuries, and the evidence needed to prove fault can all delay a settlement. If liability is disputed, negotiations stall until in-depth investigations are completed.
Type of Accident
The type of accident itself can impact timelines. Complex cases like rollover crashes or accidents with numerous vehicles may have ambiguous factors of fault, necessitating more investigation.
Claims for Punitive Damages
If your lawyer seeks extra punitive damages from an insurer, arguing their actions were negligent, settlement talks take longer. Punitive damages require establishing clear liability.
Willingness to Negotiate or Go to Trial
If an insurer denies fault completely or refuses reasonable settlement offers, the case may end up in court. Once a trial date is set, there is a defined timeline but the process takes much longer.
Stages of a Typical Car Accident Claim Process
To give you a better idea of the key phases of a car accident settlement timeline, here are the main stages:
Investigation and Evidence Collection
Your attorney will investigate the accident, collect evidence like police reports, speak to witnesses, take photos, and document injuries and losses. Building a strong liability case takes time.
Insurance Claims Filed
Once your lawyer has gathered evidence, they submit your initial demands and claims to the insurance companies. The insurers review the claim, investigate themselves, and may make initial offers.
Negotiation and Settlement Talks
Lengthy back-and-forth negotiations will occur as both sides exchange information, evidence, and settlement offers and counter-offers. Additional medical exams or expert testimony may be sought.
Mediation
If talks stall, mediation provides structured settlement negotiations with a neutral moderator. Mediation sometimes yields a settlement but adds time if talks fail.
Lawsuit Filed
If negotiations fail, your attorney can file a personal injury lawsuit to take the case to court and try to win a favorable judgment from a judge or jury. Lawsuits lengthen the process significantly.
Trial Preparation
Extensive preparation goes into getting ready for trial, including depositions, motions, and the development of trial strategy and arguments. This pre-trial phase can take 6-12 months.
Trial & Verdict
The trial itself, if the case gets this far, can take weeks or months. After the verdict, appeals from either side may follow, adding more time before compensation is finally received.
As you can see, a car accident claim timeline has several stages and many factors impacting the duration. Patience is required, but an experienced car accident lawyer will work efficiently to help resolve your case as swiftly as possible.
Tips for Receiving a Settlement Sooner in a Car Accident Case
While there are aspects outside your control, some helpful tips that may accelerate settlement of your car accident case include:
- Report the accident to the police and your insurance company immediately
- Seek prompt medical attention to document injuries
- Follow all doctor-recommended treatments
- Keep detailed records of medical care, injuries, impact on work and life
- Avoid discussing fault or the case on social media
- Use reputable lawyers experienced in car accident claims
- Promptly send all bills, evidence and records to your lawyer
- Stay flexible and reasonable in settlement negotiations
How an Experienced Car Accident Lawyer Can Help
Having an experienced car accident lawyer on your side levels the playing field against big insurance company legal teams. Your lawyer will handle negotiations while you focus on recovery. They will:
- Maximize available evidence to build your claim
- Determine all liable parties and insurance policies involved
- Handle the complicated legal process
- Deal with insurance adjusters and opposing counsel
- Estimate case value based on damages and past case data
- Present arguments to establish the fault of other parties
- Negotiate vigorously for full and fair settlement value
Although waiting for a car accident settlement can be stressful, taking the right legal approach will get you fair compensation in a reasonable timeframe. Welcenbach Law Offices, S.C. can guide you through the car accident claim process.
Frequently Asked Questions:
Q. If I file a car accident lawsuit, how long will it take to get to court and trial?
- It can take over a year for a car accident lawsuit to reach trial. After filing the lawsuit, there are months of pre-trial procedures like discovery, depositions, motions and preparation before a trial date is set. The entire process usually takes 12-18 months at minimum.
Q. I was hurt in a car accident 6 months ago and still don’t have a settlement. How much longer could it take?
A Major accident injury cases often take 12-24 months to settle, depending on factors like need for ongoing treatment, negotiations, and case complexity. Provide your lawyer with updated medical records and be patient.
Q. How can I get a fair car accident settlement without having to file a lawsuit and go to court?
- You have the greatest chance of settling without a lawsuit if you have extensive evidence of other party’s fault, well-documented injuries/losses, and a reasonable demand. Your lawyer can negotiate the fairest settlement.
Q. What is the value or range of potential settlements for my car accident injuries case?
- The value depends on the documented injuries and losses, at-fault driver’s policy limits, and precedents. Ask your lawyer to provide settlement valuation ranges for cases similar to yours.
