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. The process of filing a car accident claim includes the following steps:
Most injury claims should not take more than three weeks. But it often does. Your accident lawyer needs to be following up with the insurance company to keep your case at the front of the line. What if your case settles?
Unfortunately, there’s no set answer, as it depends on the unique circumstances of your case. Here at Schmidt & Clark, we’ve handled thousands of car accident lawsuits. Today, we’ll talk about what you can expect in a car accident case.
When a lawyer takes your personal injury case, he or she is ethically obligated to present any settlement offer made by the defendant. One of the key factors in settling a case is timing.
The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve. By partnering with skilled legal counsel, you can speed up the negotiation process and secure compensation faster.
In most cases, compensation from settlements is received within six weeks after negotiations complete.
As a very rough guide, a claim may take 6 to 12 months if liability is accepted by the treatment or care provider immediately. If liability is disputed, it could take 12 to 18 months for more complicated claims. Very complex cases can take significantly longer.
The negotiation process typically starts with your lawyer providing a written proposal for settlement to the insurance adjuster or the defendant's lawyer. The adjuster or lawyer will respond to your lawyer either in writing or over the phone.
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.
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.
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.
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:
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.
The details of the client's injuries can also influence how long it takes to settle a car accident lawsuit.
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.
Most injury claims should not take more than three weeks. But it often does.
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.
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.
But in the average serious injury case, you need to file a lawsuit to maximize the value of your case. You do not have to file a lawsuit. Sometimes lawyers do not understand the client's need to get their money quickly. But, if you do settle early, you may be leaving money on the table.
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.
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.
In most states, there is no rule requiring the insurance company to respond at all.
Discovery is the litigation stage in which the plaintiff and defendant have the opportunity to get crucial information from one another, and obtain potential evidence in preparation for trial. Types of discovery tools include interrogatories and depositions.
Types of discovery tools include interrogatories and depositions. Second, settlements are common after the defendant's motion for summary judgment. If the court grants the entire motion, the defendant wins and the case is over, unless the plaintiff files an appeal.
If the court denies the entire motion, a trial is usually the next step in the civil suit. A motion for summary judgment is often the defendant's last chance to avoid a trial. So this is when a defendant may be most eager to settle should they lose on the motion for summary judgment.
Settlement talks often begin before the personal injury lawsuit process even starts. But when those pre-litigation negotiations breakdown, a client and his or her personal injury lawyer may feel like they have no choice but to take legal action.
However, there might be some questions as to whether the evidence is admissible at trial. If the judge allows the plaintiff to use the evidence, the defendant may be much more willing to settle.
That's because no matter who wins, the losing side can appeal, draining additional time and expense from the winning side . If the plaintiff won, a defendant's appeal could dramatically extend the time it takes for the plaintiff to receive his or her money. There's also the chance of losing on appeal.
The vast majority of personal injury cases reach settlement before trial. There are many reasons for this, with advantages for both the injured person (the plaintiff) and the at-fault party (the defendant). Let's look at when and how a personal injury lawyer will likely negotiate a settlement on behalf of a client.
That said, once the initial paperwork has been submitted to the court, the defendant has 30 days in which to file a response. Now, filing a lawsuit often shows to the other party that you are serious about your case, and it is not uncommon for settlement talks to resume once a claim has been initiated.
Lawsuits can take months or even years to complete. This is one of the reasons that most personal injury cases are settled before the case goes to trial. If you’ve been injured in a car accident in Atlanta and someone else is to blame, you may be wondering when you will receive your compensation so that you can move on with your life. ...
The demand letter outlines the law, the facts, and the evidence you have at your disposal. This is all done in an effort to compel a settlement, and the letter would likely include portions of your medical records, witness information, and other documents, such as photographs or police reports.
It’s usually easy to settle liens, unless the government has a lien against your settlement. If you have any liens from a government-funded program like Medicare or Medicaid, it takes months to resolve them. Your lawyer also uses your settlement check to resolve any bills related to your lawsuit.
Once your lawyer receives the check, they usually hold it in a trust or escrow account until it clears. This process takes around 5-7 days for larger settlement checks. Once the check clears, your lawyer deducts their share to cover the cost of their legal services.
Unlike a regular settlement that pays the settlement amount in full, a structured settlement is when a defendant pays the settlement amount over time. These types of settlements usually occur when the case involves a minor or if there was a catastrophic injury that requires extensive ongoing medical care.
When you finally reach a settlement, there are a few more things you and your lawyer need to do before the defendant gives your lawyer the check. Even so, once the check reaches your lawyer, there are a few obligations they must attend to before they give you the final balance.
While many settlements finalize within six weeks, some settlements may take several months to resolve.
Once you get close to a settlement, start drafting a release form ahead of time so it’s ready once you reach an agreement.
A lawsuit loan, also known as pre-settlement funding, is a cash advance given to a plaintiff in exchange for a portion of their settlement. Unlike a regular loan, a lawsuit loan doesn’t require a credit check or income verification. Instead, we examine applicants based on the strength of their case.
If you have been awarded a large sum, it may come in the form of periodic payments. These periodic payments are called a structured settlement. If you have a structured settlement but would like more of your money now, read up on sell structured settlement details to see if this is the right path for you about “ how long does it take ...
After a settlement has been reached, your attorney will pay any outstanding medical or automobile bills. This process can be sped up if your attorney has all the most current bills.
After all other fees are paid, then the remainder of the funds will go to you. Common court fees are for filing of settlements, fees to force witnesses to appear, and other court expenses.
If you receive a large sum of money at once, your bank may hold some of the money for 3-9 business days. This helps to ensure that the money that is deposited comes from legitimate sources. At the end of a long case, the last thing you want to hear is that it will take longer to receive your funds. Rest assured your attorney will be working ...
After the Agreement Is Signed. While an agreement may have been made, the insurance company will not issue a check until the legal paperwork has been signed. It may take some time to ensure all the legal paperwork is signed and appropriately filed.
Typically if checks are received after a certain time of day or day of the week, they will be processed on the next business day. Weekends and holidays can delay check processing.