How Long is the Legal Process of a Car Accident?

Car accident victims usually could never imagine it but besides the immediate shock and potential injuries, they may also have to go through a long legal process.

A question that often comes up is: How long does an accident case take to settle?

There is no definite answer yet, unfortunately, and the duration can be very different depending on various factors.

But if you have been injured in a car accident, you could get some relief by knowing the normal progression of such cases. 

Hi. In today’s blog, I will try to give you the answer to this. So if that’s something you want to know, keep reading till the end and thank me later…

How Long Does An Accident Case Take To Settle?

The period for resolving an accident case is highly variable, but the majority of claims are settled between 6 and 12 months.

That being said, some situations can be arranged in a matter of months, while others may drag on for years, especially if there is a necessity for court intervention.

Some of the common factors and reasons that influence the time of the case are as follows:

• Severity of the injuries: A simple case with minor injuries generally will be resolved faster than those involving serious injuries or situations that are not clear from a medical point of view.
• The seriousness of the case: Cases that have issues of responsibility that are not agreed on, the number of parties, or damage to property that is substantial, always take longer to be settled.
• The negotiating process: Insurance companies’ willingness to have negotiations and the complexity of the negotiating process may affect the total duration of the case.
• Involvement of litigation: If a case goes on to litigation, it can seriously extend the time to the settlement, probably even 1 to 3+ years.

So, how long does an accident case take to settle? Here’s what you need to know:

Immediate Steps and Initial Reporting

Every year, car accidents cause more than 2.6 million ER visits, resulting in 5.1 million injuries.

The legal process commences at the time when the accident happens. The initial steps are of utmost importance and can determine the length of any further claims. This comprises the following actions:

• Going to the hospital.
• Informing the police about the accident.
• Giving the other driver(s) your contact information.

The phase of initial reporting and information gathering can be a few days or even up to a couple of weeks. The deciding factors here are the severity of injuries and the complexity of the scene of the accident.

The Investigation Phase: Gathering Evidence

The evidence searching period can span from several weeks to even a few months. And why’s that?

Well, it is especially so if there are disagreements about who is wrong or if the medical treatment is still going on, and the full extent of injuries has not been revealed yet.

The extent of an accident’s complexity or the severity of the injuries determines this period of investigation. And guess what? 218k people visit the ER because of brain injuries caused by car accidents.

Negotiation and Settlement Attempts

When the doctor’s treatment has stabilized the situation (or a clear diagnosis is available), the negotiation phase begins.

Well, this is the time when your car accident attorneys will get in touch with the responsible party’s insurance company. They will inform them about your losses and the amount of money you are requesting.

The insurance adjuster will look over the demand and give back a response in the form of a settlement offer or a rejection of the claim. This might lead to a period of continuous negotiation.

Most of the car accident claims get solved at this stage. The whole process can end very fast, if the two parties agree on the compensation, the time for it could be just a few months after the start of the negotiation.

On the other hand, if there is a huge misunderstanding about who is at fault or the amount of the claim, this phase can drag on.

Filing a Car Accident Lawsuit: When Negotiations Fail

If a settlement cannot be reached, the next step is often to file a personal injury lawsuit. This formally initiates the litigation process. Once a lawsuit is filed, the timeline can extend considerably.

The period from filing a lawsuit to potentially going to trial can easily take a year or more, sometimes several years in more complex cases, such as in the 4,150 spinal injuries resulting from car accidents. 

Can You Make The Car Accident Settlement Process Faster?

Yes, there are a few things that you can do to make the entire process of getting the car accident settlement faster. So what are they?

Here’s what you need to know:

• File Your Claim Promptly: The earlier you file, the sooner the process can get started.
• Gather All Necessary Documentation: This also means police reports, medical records, and any other evidence that is relevant.
• Be Realistic About Your Expectations: It is possible that the negotiations will take some time, and therefore, being patient while trying to get a fair settlement is very important.

Additionally, you should always weigh the option of getting in touch with a legal practitioner. An attorney can:

• Represent you throughout the procedure.
• Ensure that your rights are not infringed.
• Be a time saver if he/she can reach a settlement quickly.

Going to Trial and Beyond

In case the issue is not resolved through negotiation, mediation, or arbitration, it will go to trial. The availability of a trial date usually depends a lot on the court’s calendar and how many cases are waiting.

The trial can be very short and last only a few days or it might be very long and continue for several weeks, depending on the complexity of the case.

After the trial verdict, the matter may still not be finished if one party is not satisfied and they request a higher court to change the decision, thus extending the time.

Some simple car accident claims can be settled in a couple of months. However, complex cases, especially those with the involvement of serious injuries or those that require the filing of lawsuits, can take up to several years to be fully settled.

In such protracted and often difficult journeys, patience and the help of a professional lawyer are most likely very important elements in the process.

Read Also:

• What Compensation Can You Claim After a Truck Accident?
• 7 Steps to Take Immediately After a Motorcycle Accident
• Determining Fault in a Florida Car Accident