how long should it take a lawyer to settle an accident case

Full Answer

How long does a car accident lawsuit take to settle?

A car accident lawsuit follows a general timeline of steps, but the length of each step can vary significantly. It could take a few months or even several years. The prospect of a car accident settlement is always an option along the way.

When should I settle my 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. MMI means that you are as good as you are going to get, and you and your lawyer know how to value your case.

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

The litigation process for each case will differ based on any number of factors, but the standard timeline of a personal injury lawsuit provides a rough idea of how long things can take. Step 2: The defendant answers the complaint. Step 3: Discovery takes place. Step 4: The case settles.

How long does a car accident trial take to complete?

A car accident trial usually only takes a day or two to complete. Step 6: How Long Will an Appeal Take to Complete? If one of the parties isn't happy with the result of the trial, an appeal is possible. There are several levels of appeals—even just one level of appeal could take six months to a year to resolve.

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.

How long does it take for an accident claim to be settled?

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.

Why is my car accident settlement taking so long?

When victims ask why their call accident settlement is taking so long, they are often implicitly asking if their car accident lawyer's neglect is the reason for the delay. The answer? Maybe. There are bottlenecks in the settlement process that no amount of hustle can speed up. 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.

What do car accident lawyers need to collect?

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.

What is the second inflection point in a litigation?

The second inflection point is at the pre-trial conference after the discovery phase of the litigation is over (or at a private mediation).

How long does it take to get a response from insurance?

Getting a response to the demand package. This takes between 15 and 90 days. (We look at all the major insurance companies and take a look at the average time of how long they take to respond.)

When is the best time to settle a lawsuit?

The best time to settle is often right after the lawsuit has been filed. The insurance company now knows you are serious. With many insurers, this can often lead to an immediate and meaningful increase in the offer (GEICO, Nationwide. Liberty Mutual, and Progressive come to mind more than State Farm and Allstate).

How long does it take for a patient to complete a treatment?

Treatment is completed or the patient is at maximum medical improvement. The timeline on this is anywhere from 1 day to years.

The Severity of the Injuries

Settlements for minor injuries such as cuts and bruises can be achieved quickly. Their extent, impact on your life, and the length of time to recover are known. You can deal with these injuries through Michigan’s no-fault insurance law compensation scheme.

The Question of Liability

Under Michigan’s comparative negligence laws, the amount of your compensation may be reduced depending on your level of fault in the accident.

The Amount of Damages

The insurance company will try to slow negotiations if it is apparent they face a large payout. They are in the business of making profits, so keep large payments off their balance sheets for as long as possible.

Case Load in the Community

If your case does go to trial, you may find that settlement of the claim faces a considerable delay. There are several reasons for this, such as:

Consult an Attorney to Recover the Compensation You Deserve

To recover a fair settlement, you need a skilled personal injury lawyer. At Cochran, Kroll & Associates P.C., our senior partner Eileen Kroll is also a registered nurse. She brings her expertise from five years as a practicing nurse to your case before being admitted to the State Bar in 1990.

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.

How much does an insurance adjuster offer for a short settlement?

There are no hard and fast rules about short settlements. The insurance adjuster's settlement offer might be 30 to 40 percent of what you might be offered if your case makes it all the way to the eve of a court trial. 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.

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.

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:

Can a doctor testify against a defendant?

For example, the treating physicians may be unsure that the defendant's negligence caused the plaintiff's injury. The insurer is not going to make a reasonable settlement offer until it is satisfied that your lawyer can produce a doctor to testify that the defendant's action (or inaction) caused your injuries.

Can you settle a personal injury case fast?

What if you have a personal injury case, and you don't want it to drag on for months, or even years? You might wonder whether you can just sett le your case fast even if you have to accept less money to do it. The answer is yes, but that doesn't mean it's a good strategy.

Can an insurance adjuster make a settlement offer?

If liability is hard to prove (for example, the parties and multiple witnesses all say different things), then the insurance adjuster is not likely to make a reasonable settlement offer until the plaintiff's lawyer has demonstrated a willingness to fight—by filing a personal injury lawsuit and hiring liability experts to show exactly how the defendant was at fault. If there are legal issues in the case (i.e., the insurer believes that you have no legal right to sue), then it is unlikely the insurer will make any significant offer on the case until a judge has ruled on your right to sue.

Car Accident Claim Timeline

• Right After The Accident: Medical Treatment & Documentation
  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 treatm…
• Don’t Admit Fault, Apologize, or Say You Aren’t Hurt
  After your accident, there are a few things you should avoid saying if you want to protect your rights (and help your injury claim move forward more smoothly and quickly). Don’t admit fault after your accident, even if you think you were at fault. It’s possible that you’re wrong or that anot…

See more on lalawyers.com

Other Factors That Affect Car Accident Settlement timelines

Hire A Car Accident Lawyer in Los Angeles, California