One of the main questions that car accident victims often ask an accident attorney is how long it will take for their motor vehicle accident claim to be settled. As expected there is no definite answer for this question, there are cases that can weeks, months or even years depending on the circumstances surrounding your case. When the question is posed by clients an attorney may have a different answer for each client.
Auto insurance claims will often take longer if it has taken an appeal after the trial. However, most of the times cases are not likely to take a longer period of time and an auto accident lawyer will make sure that they have carries out a thorough investigation so they can provide suitable evidence.
When a personal injury case has been introduced the severity of the case is not known at the time. Also, the treatment of the individual can take months, weeks, and even years depending on the severity of the injuries. The best way that an attorney can understand the demand that they need to make towards the insurer is by knowing the severity of the personal injury accident. If your car accident lawyer does not know the severity of the auto accident injuries they are likely going to make a lower demand. It is good to note that some injuries take time to manifest after the auto accident and are not obvious at first.
If your question is how long does it take to settle a car accident claim you should note that aside from the other factors the complexity of the case will dictate how long the personal injury accident case will take to resolve. Let this article help you understand how long a car accident claim can take to resolve and the factors contributing to that.
Collecting Medical Records for Treatments
After an accident, you will have obtained injuries and the most important thing is for you to get medical treatment for the injuries. It is important for you to get treated for your injuries so you can be medically fit and soothe medical records can help in gathering evidence for your case. Proving the severity of your injuries will not be as effective unless you have the medical records from a doctor’s office supporting your claim. Your medical record can give an idea of how much treatment you will need. Presenting a detailed copy of your medical records to your attorney will help them determine the amount of settlement you should be willing to receive after the litigation process.
It is possible to get a quick settlement before receiving medical care. Even so, it will be a disadvantage to you. Why? You will be forced to quickly accept an offer without the facts of your case. When you rush to get compensated you will end up not getting compensated as you deserve. It is advisable for you to wait until the condition that you are in after an accident has stabilized and the doctor has advised you on the long-term medical treatment and medical care that you will need.
Factors That Will Determine How Long Your Case Will Take
It is always important to note that every case is different. Hence, it is impossible for a car accident victim to compare their case to any other case especially in terms of the period of time it will take to get resolved.
Here are some of the factors that will determine how long your car accident claim can take:
The Facts in Your Case
Facts and legalities in a case are very important in the claims process is to speed up. It is important for your attorney to have the facts concerning your case. If the facts about your case are not clear they will have to spend a lot of their time carrying out research before they take legal action.
The Monetary Value of Your Case
Depending on the medical damages, losses suffered, and who is responsible for your case an attorney can be able to determine the value of your case. Cases that are worth millions of dollars or basically worth more can take a bit more time to finalize. This is because there is a need for different expert witnesses, all the evidence can take a longer time to gather and resistance from the insurance company.
Insurance companies can be aggressive and they will employ or types of tactics to avoid paying for the medical expenses and the all-around compensation that the plaintiff is asking for. They will attack the victim's credibility during a civil lawsuit and try to prove that they are not as afflicted as they are claiming. The insurance company will as well try to convince the court that the severe injuries the plaintiff have were not caused by the accident. For this reason, it is important to get medical attention soon for your accident injuries. They will as well try and determine the strength of the case.
Areas We Serve: Car Accident Lawyers
The fault party can try and slow down the pace at which the case is moving by employing a variety of tactics in the hope of getting the victim to accept a small settlement offer to cover their medical costs if they are facing financial hardships so they can be done with the settlement process.
The Plaintiffs Duration of Recovery
Since it is best for a victim to stabilize before the personal injury lawsuit goes to trial the recovery time of the victim will determine how long it will take for them to get started on the case. The recovery time may depend on the severity of the injuries. However, it is important to contact a personal injury lawyer the soonest time possible after an accident occurs.
The Demand Letter and Response
After an initial investigation is done the accident lawyer that you are working with is going to send a demand letter to the responsible party or their insurance company. The demand letter will be sent out before filing any documents with the court.
Details that will be included in the demand letter are the evidence that your side has, the facts, and the laws that support your case. A demand letter and all the details included are sent to the opposing side to try and prompt an out of court settlement. The same document will have details of your medical records, information from witnesses, and any other documents that support your case like pictures from the accident scene and the police report.
After this happens and someone from the other side contacts you with an accident settlement amount first your attorney will respond. The response from you and your attorney can either be to reject the offer or accept it. Another option would be to counter the original settlement that has been made with a higher amount so they get fair compensation. The process of negotiating with the insurance company can be complex and for that reason, your personal injury lawyer will help you with that process and advise on the best option.
Filling The Claim
Most people would want to have their claims resolved through a settlement since it is a much easier and fast process. Even so, not all cases will be resolved through a settlement some will proceed to trial. The next step when negotiations don’t work is to file a lawsuit you have a two-year statute of limitations to file the lawsuit. It is necessary to file your lawsuit within the legal time limit or you will be barred from filing the lawsuit.
It is important to note that sometimes you will need to file a lawsuit even though negotiations are still ongoing. After the paperwork has been submitted to the court the defense attorney will have a 30 day time period to file a response. Filling a lawsuit will show the defending side that you are serious about your claim. In fact, it is common for settlement talks to resume after a personal injury claim has been filed.
After an accident lawsuit has been filed the court will allow a 6 month discovery period for both sides to gather evidence. It is important to note that legal proceedings are a gamble and there isn’t a sure outcome for how much compensation from insurance companies you will receive. However, getting an experienced personal injury attorney will help higher your chances of getting you a fair settlement. We can be that attorney for you. Talk to an accident lawyer at Marks law group at (678) 251-9309 and get a free case evaluation today!