how long does lawyer take to finish a settle a car accident case

Depending on the complexity of the incident, number of parties involved, and extent of the injuries requiring medical treatment, every car accident lawsuit is different. Some auto accident claims may take a few months to resolve, others can take years.

Full Answer

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 get a lawyer after an accident?

One of the most contentious matters involved in a car accident case is the level of damages requested in the claim. If the measure of damages is relatively low, the insurance company may decide to quickly dispose of the case and a person may have the case settled within a …

How long does it take to settle a lawsuit?

6 hours ago · In serious car accident cases the medical treatments may go on for a year or more. These cases may take a longer time period to settle. In smaller cases, such as those involving a single emergency room visit, the time period to settle may be much quicker.

How long does a car accident trial take to complete?

It can be a month or several months between court dates. If you’re wondering how long does it take to settle a car accident case, this is another factor to keep in mind. We can negotiate with the other lawyer before the lawsuit gets filed and throughout the litigation. The vast majority of cases eventually settle.

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.

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.

Why don't personal injury attorneys settle?

While many personal injury attorneys settle the majority of cases without going to trial, there may be valid reasons why your own attorney may not want to settle yet and has not raised the issue with the insurance company. For example, if you are still undergoing medical treatment, your attorney may want to wait until all of your bills are in and until it is known whether you will require ongoing medical treatment. Additionally, your attorney may want to wait to see if your injury will impact your career so that he or she can request additional damages for this reason.

What happens when a car accident is not well documented?

Another scenario can arise when the car accident case is not very well-documented. The claims adjuster may lack adequate information to settle the case, such as medical reports regarding the injuries the victim suffered, a police report regarding the accident or evidence pertaining to liability.

Why does a settlement take longer?

If a claims adjuster has a particularly large volume of claims to work through , it is likely that a settlement offer may take longer for the accident victim to receive. Another factor that can impact the forthrightness of a settlement is the internal claims process that the insurance company uses.

Why is liability not clear?

For example, liability may not be as clear due to the particulars of the accident or the parties involved. One vehicle may have stopped suddenly because of a vehicle swerving in front of it, causing a third party to crash into the back of the stationary vehicle.

What is the most contentious matter in a car accident?

One of the most contentious matters involved in a car accident case is the level of damages requested in the claim. If the measure of damages is relatively low, the insurance company may decide to quickly dispose of the case and a person may have the case settled within a matter of a few months. If the insurance company does not believe ...

What is an example of a precarious financial situation?

For example, he or she may have incurred significant medical expenses and be without the funds necessary to pay them. At the same time the injured individual may not have been able to return to work, leaving him or her in a precarious financial position.

Do insurance companies have their own lawyers?

Some large carriers may have a conservative philosophy regarding settlements and may offer lower settlements than other carriers. Many of these types of insurance companies have their own legal firm or attorney on retainer and factor in the potential cost of litigation into their overall business plan.

Car Accident Lawsuit Process

The process of filing a car accident claim includes the following steps:

Settlement vs Lawsuit

A settlement is an agreement between the injury victims and the at-fault party that happens outside of the courtroom. A settlement can happen anytime before or during the trial. Most injury claims in the US are settled.

Factors That Affect Car Accident Settlement

How long a vehicular accident takes to settle depends on the following factors:

FAQs

How long it takes to get paid after a car accident settlement depends on many factors. However, in general, you should receive a check within four to six weeks after reaching a settlement.

Hire a Trustworthy Lawyer

Personal injury cases may be very complicated, and if you sustain injuries in a car incident, it is essential to hire a law firm with years of experience you can trust.

What happens if you settle a claim before you reach the point of settlement?

There are two risks if you settle your claim before you reach that point: Your doctor might decide that you need an operation to restore your capabilities. If you already settled your case, the defendant will not have to pay any additional medical expenses. You will get stuck with those medical bills.

What happens after trial?

What Happens After the Trial. Following trial, the judge will typically take the case under advisement, which means he will make a decision and issue a ruling at a later date. With some judges, the order might come down in a few weeks; with others, we might have to wait for months to find out who won.

How long does it take to get an interrogatory?

Interrogatories are written questions that a party must answer in writing and under oath. It can take a month or longer to get answers to interrogatories. This can also impact how it takes to settle a car accident case. The other side will likely send interrogatories for you to answer as well.

Can you go back to the defendant in a car accident?

If you suffered long-term or permanent impairment from your injuries, you should get compensation for that loss. If you settled your car accident case before you realized that you would not return to your prior health, you cannot go back to the defendant’s insurance company and get more money.

Do court reporters swear in witnesses?

If so, we will take his deposition. A court reporter will swear in the witness, who then answers questions verbally while the court reporter records and takes down what everyone says. Both lawyers ask questions during a deposition, taking turns.

Should you settle a car accident case?

You should not settle your car accident case until your doctor releases you from treatment. Once the physician does everything reasonably possible for you to get your function back, we can evaluate whether you have any limitations because of your injuries.

The Ehline Law Firm Can Help You Pay Medical Bills Following a Car Accident by Dealing With Your Insurance Company

In a free consultation, a certified car accident lawyer from our law firm will analyze your facts and discuss how we might help you receive a reasonable settlement. So, put a call through to Ehline Law Firm now at (213) 596-9642.

How Long is the Settlement Negotiation Timeline?

During the settlement procedure, the majority of car accident claimants resolve their claims. The plaintiff and the defendants can resolve claims in a matter of weeks or months.

How Long Does It Take to Receive an Offer of Compensation?

It usually takes four to six weeks from the date the insurance carrier approved the offer to get the settlement check once you and the insurance company reach an agreement. You will need to sign a legal paper stating that the settlement you are receiving is in complete fulfillment of your personal injury claim.

The Steps in the Negotiation Settlement Process

The procedure of negotiating a settlement is comparable to that of buying a car. You might make a hefty demand for compensation, and the insurance company might react with a modest offer. You might end up settling your case somewhere in the center.

Have You Healed to Your Full Potential?

If you still have concerns about your recovery, your personal injury lawyer can assist you in assessing the full scope of your current and future expenses, as well as the appropriate course of action for seeking compensation, whether in or out of court.

Are You Aware of the Value of Your Claim?

Whether you suffered slight or severe injuries, there’s a strong possibility you don’t know how much your personal injury claims are worth. Insurance adjusters exploit this ignorance.

How Does Filing Personal Injury Lawsuits Lawsuit Affect the Timeline of Your Injury Case?

If you and your personal injury attorney feel that the insurance company’s settlement offer is too low–and they are unwilling to go any higher–you will need to initiate a lawsuit against them. Having a court involved in your case would undoubtedly lengthen the time it takes for the jury to resolve your personal injury lawsuit.

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

Those types of cases can often be settled in less than a year. It is rarely advisable, however, to attempt to settle a case if you have not completed medical treatment, or have not reached what doctors call “maximum medical improvement”. A traffic accident case can take a long time to resolve due to several complicating factors.

What happens if an insurance adjuster refuses to settle a claim?

If an insurance adjuster refuses to settle for a legitimate cause, they do not lose points. If the insurance provider claims there is a valid reason to contest a claim, you might be in for a long fight.

What happens if you don't have a fault?

If the fault is not established, the other driver or his insurance provider will be unwilling to pay, or at least reluctant to settle for as much as you are requesting.

Can you file a claim against the other driver?

If, the other driver is at fault, you’ll almost certainly file a claim against the other driver for damages. If you’re like most people, you’ve never dealt with a personal injury claim resulting from a car accident. When a car accident causes you harm, you have the right to seek financial compensation from the parties at fault.

Can you get a settlement for a car accident in New Hampshire?

New Hampshire car accident lawyers will tell you that there is a very good chance of obtaining a settlement rather than having to go to court to recover damages. Unfortunately, there is no way to know for sure how long the process will take.

Is an insurance adjuster on your side?

And if you have a claim against your own insurance provider, the adjuster is on the insurance company’s side, not yours.

How long does it take to get a personal injury case settled?

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. ...

How long does it take to file a lawsuit?

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.

What is demand letter?

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.

Summary of The Key Findings

See more on schmidtandclark.com

Settlement vs Lawsuit

FAQs

Hire A Trustworthy Lawyer