how long does it take an attorney to settle accident case

by Raina Kassulke 5 min read

It can take anywhere from a couple of weeks to several months (or years) for a car accident case to settle. There is plenty to investigate on each party's end, and if you suffered extensive injuries and property damage, this could explain why the settlement process is lengthy.

How long does it take to settle a car accident claim?

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, as most car accident lawsuits settle before trial.

How long does it take to settle a lawsuit?

It usually takes between four and six weeks to complete the entire settlement process after an amount is agreed upon. Keep in mind that this time frame varies for every case. Make sure your claim is filed correctly by contacting a car accident attorney to help you. Factors that Affect the Length of Your Case

Can I settle my personal injury case quickly?

Apr 11, 2022 · In most cases, it will take around three weeks for the company to evaluate your claim and respond to the demand. However, if it takes longer, your attorney will follow up to keep it moving forward. Will I Have to File a Lawsuit? Many car accident claims are settled outside of the court process.

How long does the litigation process take in a personal injury case?

Dec 13, 2016 · Anywhere from 90 days to over one year, depending greatly on the specific circumstances and factors individual to your case. While some car accident cases can be resolved directly with the at-fault driver’s insurance company, other cases must proceed to litigation in order for victims to recover full and fair compensation for their damages.

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How long does it take to settle a car accident case?

A car accident lawsuit typically takes at least one year, assuming there is no appeal. However, even though you begin a car accident lawsuit, it is still very likely that you will settle your case before a full trial is completed.

How long does it take to get a car accident case settled?

Factors that Affect the Length of Your Case. Depending on your car accident, your claim can take anywhere from several weeks to a few years. As a general rule, you can expect your car accident lawsuit to take one year. However, cases that involve serious injuries, questionable liability, or a potentially high settlement value will lengthen ...

What are some common car accident injuries?

Controversial Injuries: Some common car accident injuries such as whiplash or ambiguous pain can be challenging to back up with medical evidence. Insurance adjusters target these medical conditions to undermine authentic injuries and reduce your compensation amount.

What happens if you sign a release of liability?

By signing this release, you are giving up your right to sue the driver who is responsible for your car accident injuries. After the insurance company receives your signed release, they will send the agreed-upon sum of money. In most cases, the settlement check is delivered to your attorney who will pay off the liens ...

How long does it take to file a civil complaint?

You then have a copy of the complaint served on the at-fault party (defendant). The defendant responds to the complaint, usually within a one-month time frame. Your attorney and the defendant's attorney will request and exchange evidence ...

How long does an auto accident trial last?

Auto Accident trials usually last a day or two. If one of the parties is dissatisfied with the outcome of the trial, they have the opportunity to file an appeal which can add several years to the length of a case. A car accident lawsuit typically takes at least one year, assuming there is no appeal.

What happens if you don't get a fair settlement from insurance?

Your Case Goes to Trial: If the insurance company that you are dealing with does not offer you a fair settlement amount, you may choose to file a civil claim to initiate additional steps in the legal process to reach a satisfactory settlement. In the end, you may have to take your case to trial.

Overview of the Car Accident Settlement Process

Having a vehicle accident attorney on the victim's side can help them determine the value of their case early on. When a victim meets with a car accident lawyer about their case, the lawyers are familiar with the details and circumstances of the client's case and they can get the proof they need.

What Factors Affect How Long It Takes to Settle a Car Accident Case?

The higher the value of a case, the longer it can take to resolve. Because the insurance company wants to keep the compensation as low as possible, this is the case. They are more ready to spend time and money on legal defense for a high-value claim than, say, a claim for less than $20,000.

Most Personal Injury Cases Settle Before Going to Court

The majority of car accident cases are negotiated privately outside of court, often without the need for a lawsuit to be filed. Regrettably, this is not always the case. Insurance companies can sometimes refuse to accept a claim or make demeaning offers.

Complications that Can Affect When Your Case Settles

The time it takes for a case to settle could be longer if certain factors exist that could complicate matters. Some of these factors can include:

How Do You Determine and Prove Liability?

If a driver's carelessness caused a victim's collision and injuries, they are most likely responsible for their losses. However, proving liability can be challenging, especially when there is a dispute over who caused the accident.

Determining Compensation for Your Injuries from the Car Accident

The details of the client's injuries can also influence how long it takes to settle a car accident lawsuit.

Why Is My Car Accident Settlement Taking So Long?

When victims inquire about why their car accident settlement is taking so long, they are frequently implying that their car accident lawyer's negligence is to blame. What is the solution? Maybe the settlement procedure has constraints that no amount of hustling can overcome.

What happens when an attorney files a lawsuit?

When our attorneys file a lawsuit, it often results in a later offer that is many times more than the pre-suit settlement offer. The muscle of a lawsuit puts fear into insurance companies. This muscle often gets them to pay far more settlement money than they would have considered before suit was filed.

How long does it take for an insurance company to respond to a claim?

Most injury claims should not take more than three weeks. But it often does.

What does "treatment finished" mean?

Treatment Is Finished or at Maximum Medical Improvement. First, the client has to either (1) fully recover and need no further treatment, or (2) reach maximum medical improvement. This means that while the client may need additional treatment, this is as good of a recovery as the client is likely to get.

Can an accident lawyer do medical records?

So it may be there is nothing your accident lawyer can do because the attorneys is waiting on medical records or waiting for the insurance company to respond. But there is no question that the delay is often the result of a plaintiff's lawyer who is not staying on top of the case.

Do car accident lawyers collect medical bills?

If a case is going to be settled fast without a lawsuit for top value, a car accident lawyer will need to obtain all of the medical records and bills for the client. At our law firm and many personal injury firms, it is the lawyer’s job to collect the medical bills and records. Medical records are essential.

Do insurance companies have to respond to a bodily injury letter?

In most states, there is no rule requiring the insurance company to respond at all.

Can an accident lawyer ask a doctor to give an estimate of the cost of surgery?

Alternatively, if future surgery or other medical procedures have not yet been performed, an accident lawyer can ask a doctor to give an estimate of what the costs of the future surgery/procedure will cost. This is often the biggest reason there is a delay in settling a serious injury claim.

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.

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.

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.

Why does it take so long to settle a personal injury case?

If you can afford to wait, you never want to settle a personal injury case until you have reached a point of maximum medical improvement (MMI) from your injuries.

Why do insurance companies delay settlement?

Another factor that can delay settlement is if the case involves significant damages (a lot of money). Insurers simply will not pay big money on a settlement until they have done their due diligence. That means investigating every aspect of the case until they are convinced that:

Why do insurers delay settlements?

Further, sometimes insurers will delay settlement on a big case simply to see if the plaintiff will give up and accept less money. Some claimants cannot wait very long for compensation. Insurers know this and will try to wait it out. Get tips on negotiating the best personal injury settlement.

What is problematic legal or factual issues?

there are problematic legal or factual issues. the case involves a signficant amount of money, or. you have not reached a point of maximum medical improvement. In these situations, your case is simply going to take some time to settle, unless you are prepared to take pennies on the dollar in order to resolve it.

Can you settle a personal injury claim quickly?

You can settle a personal injury claim quickly, but that usually means taking less money . The important consideration is how much you'll be giving up. Let's look at why settlement might be taking longer than usual, and why you should probably think twice before taking a quick settlement.

Should I contact a personal injury lawyer?

If you have a personal injury case, and are thinking that you just want to settle it fast without getting involved in a long litigation process, you should still contact a personal injury lawyer for ta ilored advice on the risks of a quick settlement.

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