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How Long Do Car Accident Settlements Take?
Car accidents are one of the leading causes of injuries and deaths in the United States. Thousands of drivers and passengers get hurt every day while on the roads, and most of them suffer the consequences of numerous legal damages as a result.
If you get hurt in a car accident, you could face a lengthy recovery on top of lost wages, medical bills, property damage, future medical care costs, emotional distress, physical pain, and other consequences.
A car accident settlement is a tool those involved in collisions use to obtain compensation for damages, helping to expedite their financial recovery. However, the timeline for reaching a settlement agreement depends on numerous circumstances.
Key Factors Influencing Car Accident Settlement Time
Every car accident case is unique. Some settlements are straightforward, resolving quickly, while others evolve into lengthy legal battles that can last for years. Here are some factors that influence how long your car accident settlement may take.
Severity of Injuries
Car accident injuries vary in severity, impacting settlement timelines. Minor injuries do not yield significant financial losses, so the settlement will not take as long to resolve. Severe injuries, on the other hand, lead to a more complex recovery for the victim. As a result, the extent of their losses will result in larger compensation packages, extending the settlement timeline.
Personal injury claims are heavily influenced by the amount of medical treatment the victim needs and the length of their recovery period. Higher costs lead to a more prolonged negotiation stage as well. Generally, the more severe your injuries are, the longer the case could take to resolve.
Complexity of Liability
The length of your car accident lawsuit also depends on the issue of liability. Liability refers to who is responsible for the car accident. Clear-cut liability occurs when one person is obviously at fault for an accident, such as running a red light or ignoring a stop sign. In these personal injury cases, liability is simple, so the time required to settle is shorter.
Disputed liability makes for a more complex auto accident case. Perhaps neither party is willing to admit that they are at fault for the accident, or they both have some level of responsibility. Determining liability in this case could lead to negotiations or litigation, both of which will extend the timeline of the car accident case.
To prove liability, you need sufficient evidence demonstrating that the at-fault party had a duty of care toward you, breached that duty, caused your harm through their actions and that this harm resulted in legal damages.
Insurance Company Involvement
A car accident claim will also involve insurance companies. Depending on your state, the at-fault party’s insurance company may or may not be responsible for covering all damages for the victim.
Insurance companies hate making large payouts to car accident victims, so they will use every tactic imaginable to undermine the victim’s case and negotiate for a smaller settlement. The more involved and stubborn the insurance company is, the longer it will take to resolve the auto accident settlement process.
Need for Litigation
If a car accident settlement is not reached with the insurance companies, and the victim still wants to earn a fair settlement, then litigation may be the next step. This process involves filing a lawsuit against the at-fault driver, often with the help of a personal injury attorney.
A lawsuit involves many stages, such as the discovery phase, evidence-gathering, negotiation, and sometimes a court proceeding. These additional steps can extend the process by months or even years, depending on the circumstances surrounding your auto accident.
While these steps lengthen the settlement process, they also increase your chances of earning fair compensation for legal damages, so the wait may be worth it if you have an experienced attorney on your side.
Typical Settlement Timeframes
Understanding potential settlement timeframes is essential if you have been involved in a collision and want to pursue a car accident claim. Depending on the complexity of your case, you could wait anywhere from a few weeks to several years before you receive compensation. Here are a few typical timelines for a car accident claim.
Quick Settlements (Weeks to Months)
If all goes smoothly and your car accident claim is not very complex, you could resolve the settlement in a few weeks or months. If you suffered only minor injuries and there’s clear liability, there is no vast settlement package to negotiate. These will shorten the timeframe for receiving compensation from the insurance company.
Average Settlements (Several Months)
The typical car accident claim will fall into this category. You may wait months to receive your settlement if liability is unclear or your injuries are more significant. Additionally, an unresponsive driver or insurance company could cause delays that result in months-long wait for your accident settlement.
If multiple drivers are involved, which means various insurance companies, this is another complicating factor that may delay the settlement resolution.
Lengthy Settlements (Years)
Certain factors in auto accidents may dramatically increase the average time needed to resolve the case. Significant injuries that require future surgery and further treatment result in substantial legal damages, which can extend the settlement timeline. If the at-fault party refuses to acknowledge liability, your claim may become a car accident lawsuit due to disputed liability.
Though rare, some cases even advance to a civil trial because the parties refuse to agree on a settlement offer. If any of these circumstances exist in your case, the auto accident settlement timeline could be years.
How a Personal Injury Lawyer Can Impact the Timeline
If you are concerned about long car accident settlements or facing a complex lawsuit after the collision, an experienced car accident lawyer can help. These legal professionals specialize in supporting auto accident victims as they pursue compensation. Here are a few ways a car accident attorney can impact the timeline of your settlement.
Expediting the Claims Process
Many steps are involved in a personal injury claim, especially if litigation is involved. Navigating this process yourself could take a long time, especially since you don’t know all the legal implications.
Working with the right lawyer will expedite the process because they can handle all communication with the insurance company, gather evidence to support your claim, and streamline the negotiation process to acquire fair compensation.
Gathering evidence is often the most challenging aspect of an auto accident settlement. An experienced lawyer knows what data will strengthen your case, such as medical records documenting your serious injuries, bills for medical treatment, witness statements, police reports, and pictures from the accident scene.
Maximizing Compensation
The primary goal of filing a claim after an auto accident is to secure financial compensation. Although your attorney can expedite the auto accident settlement timeline, their primary objective is to secure maximum compensation.
They do so by assessing all relevant economic, non-economic, or punitive damages. Then, they will negotiate with the insurance company and defendant for a fair settlement amount.
The incentive to obtain total compensation comes from the contingency fee agreement with the client. With these payment structures, lawyers only receive payment if they win the case, so it benefits them to pursue larger auto accident settlements.
Navigating Legal Complexities
The average person does not know all their rights under state and federal laws, especially once they become an accident victim. They also may not know what legal options they have to pursue compensation.
A car accident law firm representing victims will explain your legal rights and the potential outcomes of your case. This vital information will help you decide what legal action to pursue.
Let a Skilled Car Accident Lawyer Negotiate Your Settlement!
When you are facing medical bills, lost income, physical pain, and emotional trauma after an accident, the thought of filing a claim can be overwhelming, especially considering how long it might take.
Rosenfeld Injury Lawyers is ready to support your claim so you can focus on recovery. We will handle all the legal complexities to ensure you receive total compensation to cover your legal damages as soon as possible.
If you have questions about your case and your legal options, our Chicago car accident lawyers offer a free consultation so you can make an informed decision. During this review, you can ask about the claims process, the potential timeline of your claim, and whether you have a strong case for compensation. Then, we will discuss the next steps to file your personal injury case.
For a free case review, call us at 888-424-5757 or complete this contact form.
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.