Experiencing a car accident can be a traumatic and stressful event, not only for the victim but also for their family and friends. Naturally, your primary concern would be recovering from your injuries and resuming your normal activities. If you are considering filing a car accident lawsuit to regain your losses, you may have several questions about the process.
One significant issue that you may encounter is determining the duration it takes to file a car accident lawsuit and obtain compensation for your injuries. Typically, you will be undergoing medical treatment for your injuries and simultaneously striving for justice. Hence, a swift and smooth settlement process is crucial for you.
Unfortunately, there is no fixed timeline for a car accident lawsuit. The duration for settling the case relies on several factors. Like any other lawsuit, the car accident claim follows a standard timeline that needs to be considered step by step. Consequently, your case may take several months or even years to settle. Your lawyer will explain all the contributing factors to you before you formally file a lawsuit.
Long-drawn-out legal battles can be taxing on car accident victims, particularly those with limited financial resources. The thought of putting your claim to the test of a judge or jury can be daunting, and no one wants their case to drag on for years. In such cases, it is essential to be aware of the factors that influence the speed or delay of your case’s settlement. By doing so, you can manage your finances accordingly and continue with your life while awaiting justice to be served. Here are three crucial factors that could impact the duration of your car accident lawsuit settlement:
The severity of your injuries is a crucial factor in litigating a car accident claim. If the injuries are relatively minor or pose no significant threat, the defendant or the insurance company may opt for a quick settlement to avoid the exorbitant costs of a prolonged legal battle. In such cases, your claim may be settled within a few months of the injury date. However, this does not guarantee a fair settlement without proper validation to the insurance company.
For instance, a car accident victim may demand compensation for scratches or bruises that do not require medical attention. In such situations, the defendant’s insurance company may demand to see all your medical bills and records. The time taken to gather all medical bills and records from various medical providers can significantly prolong the settlement process of your car accident claim.
The defendant’s insurance company is a critical determinant of the duration it takes to settle a car accident lawsuit. The insurance company’s policies on personal injury claims play a significant role in determining the compensation timeline. For instance, some insurance companies adopt a conservative approach in settling claims, which forces the victim’s personal injury attorney to pursue litigation and, in some cases, trial.
This tactic works for some insurance companies since some personal injury attorneys are reluctant to go to trial due to the associated work and public speaking. Such attorneys may advise their clients to accept a lower settlement amount to avoid going to trial. In such cases, the insurance company can get away with a low settlement amount by pushing the victim’s attorney towards a trial.
In contrast, some insurance companies are more reasonable and may offer a fair settlement even before a lawsuit is filed with the court. These insurance companies aim to avoid the costs of litigation and trial by providing a reasonable settlement to the victim initially instead of paying for their lawyers.
Although many car accident lawyers prefer settling cases out of court, there may be valid reasons why your case is taking longer than expected. For example, you may still be undergoing medical treatment, and your lawyer may want you to complete it fully to determine the full medical bills for your claim.
Alternatively, your lawyer may be swamped with other work, but neglecting your case is not an acceptable excuse. Hiring an incompetent car accident lawyer can delay your case until the last possible moment. Therefore, it’s essential to choose a lawyer with a proven track record. They will be familiar with the legal processes involved in your case and effectively communicate how long they predict your case will take and the largest roadblocks.
If you believe you have a car accident claim and need legal assistance, please contact our qualified attorneys for a free consultation.