Summary of the Key Findings 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.
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.
Shortly following a car accident (usually within 24 hours), an injured party should file a car accident claim with the insurance company of the at-fault driver/negligent driver. Once a claim is filed, it usually takes a few months for the injury victim and the insurance adjuster to agree on a settlement offer. In cases involving serious injuries and complex facts, it may take over a year …
Aug 21, 2015 · Below are factors that can determine how long your case injury case will take. General Timing of Settlements: It just take a couple of months to settle claims that are solid on the question of liability. This is particularly true if the claim includes medical damages that are objectively and clearly established.
Car accident lawsuits may not reach the trial stage until months or even over a year after the initial claim is filed. The New York and New Jersey car accident attorneys at Kantrowitz, Goldhamer & Graifman can explain what to expect when you file a lawsuit and give you clear, realistic expectations for how long the process will take.
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.
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.
This means most cases settle within a few months to a few years after the lawsuit commences .
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.
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.
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.
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.
General Timing of Settlements: It just take a couple of months to settle claims that are solid on the question of liability. This is particularly true if the claim includes medical damages that are objectively and clearly established.
It is utterly important that when you have been involved in a car accident, you get a highly skilled and experienced lawyer who will assist you get justice. At Glotzer & Kobren, we have your interest at heart. Call us now on 561-361-8677 for an absolutely free consultation.
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.
Most injury claims should not take more than three weeks. But it often does.
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.
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.
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.
The general principle is that when you’re involved in a serious car accident for which you’re determined not to be at fault, you’re entitled to compensation for any expenses incurred as a result of the event. Such costs might include:
Weeks and months may well pass while all this negotiating and information-gathering is going on, and while the situation becomes more clear:
As the next-to-last step of the process, the settlement check is deposited into your lawyer’s trust account.
If you agree to a settlement early only to discover that it is not enough, you will not have a second chance to negotiate. Legally, you have three years after a car accident to request a remedy ...
Contacting a car accident lawyer is especially important, then, if all parties do not agree about the details of the accident, especially who was at fault. A unique form of “Contributory negligence” rules also apply in South Dakota. That means that fault can be divided in a car accident, and it also means that you cannot be awarded damages ...
Hiring a car accident attorney may make the settlement process go more quickly and more smoothly and avoid dangerous pitfalls; it may also help you to recover damages that you did not know to ask for.
Major claims may include the cost of extensive medical care and treatment, hospitalization, surgery, rehab, replacement services and non-economic damages, such as pain and suffering.
If a settlement is offered and you do not agree with it, you may reject the settlement in turn. Even an apparently straightforward claim may take months to settle, and a complex case may take years.
If you are less than slightly at fault, you can still recover, but it will affect your compensation in a car accident lawsuit settlement. If you know that you were at fault for the accident, or if another party claims that you were, you should discuss the situation with a car accident lawyer as soon as possible after the accident, ...
It is not uncommon, if all parties agree on the details of the accident and if the insurance company acts accordingly and fairly, then you may think that you do not need an attorney. Unfortunately, this is not always the case, and you may not realize it until it is too late to receive the compensation that you deserve.