how long does it usually take for a lawyer to settle a case for a car accident

Full Answer

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

(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 it take to settle a lawsuit?

Given how long it usually takes to complete discovery, most cases settle within a few months to a few years after the lawsuit commences. Step 5: How Long Will the Trial Last?

Can I file a lawsuit after a car accident?

Most car accident cases settle through the car insurance claim process, without a lawsuit ever being filed in court. 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 I settle my personal injury case quickly?

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 tailored advice on the risks of a quick settlement.

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 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.

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.

Do you have to file a lawsuit for serious injury?

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.

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.

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 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.

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 .

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.

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.

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.

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.

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.