Amy A. Senerth, Esquire
The auto accident settlement process can vary significantly, taking anywhere from a few months to several years based on the specifics of the case. While a straightforward car accident case may resolve quickly, cases involving serious injuries or disputes with a negligent driver’s insurance company often take longer.
Key steps in the car accident settlement timeline include seeking medical treatment, consulting with an experienced car accident attorney, and filing a personal injury claim. Your lawyer will assist with sending a demand letter, negotiating with the insurance company, and, if necessary, pursuing a personal injury lawsuit. In more complex situations, the process may involve discovery, mediation, or even trial to secure a fair settlement for car accident victims.
Staying proactive and maintaining open communication with your personal injury lawyer can expedite the process. Once a settlement agreement is reached, most auto accident settlements are paid out within 30 days. With guidance from an experienced attorney, you can get through the challenges of the car accident lawsuit process and achieve the best possible outcome for your case.
Giving a clear answer to how long injury settlements take is always going to be a complicated task. Here are some key steps to consider:
Car Accident Settlements in 8 Steps
Step 1: Seek Medical Treatment (1-12 months)
Obviously, attending to a hip fracture or whiplash is a priority immediately after an auto accident. Go to the hospital and seek proper medical treatment for injuries following your motor vehicle accident. Failure to do so may delay your recovery, your personal injury claims and impact your settlement amount.
Follow the guidance of your treating physicians until you reach a full recovery or maximum medical improvement. Depending on the severity of your car accident injuries, extensive physical therapy may be required. Treatment and recovery range from weeks to several months.
Step 2: Get Your Case Evaluated by a Lawyer (2-6 months)
Once you recover from your injuries or reach maximum medical improvement, your attorney will begin to collect evidence needed to support your damages. For example, your attorney will need to review all medical records and medical bills, property damage estimates, lost wages, the police report, and any out-of-pocket expenses you may have.
The time it takes to gather this evidence varies—to a large extent depending on your treatment, but in general, takes anywhere from 2-6 months. The quicker you provide the information requested by your attorney, the better situated they will be able to assess your automobile accident lawsuit.
Step 3: Send a Demand Letter (4-6 Weeks)
Once you have completed treatment, and your damages have been assessed, your attorney will most likely attempt to negotiate your car accident claim prior to filing a car crash lawsuit. They will typically start with sending a demand letter and typically receive a response within 4-6 weeks.
Step 4: File an Insurance Claim (2-4 Weeks)
If you are unable to resolve prior to filing a court case, your attorney will initiate a lawsuit by preparing a complaint which you will review and verify. It will then be filed and served on each of the Defendants. From there, the Defendant(s) will have 20 days to file a response.
Keep in mind that just because you file an auto accident lawsuit, it won't necessarily go to a trial. In fact, a small percentage do. Cases can settle at any time, including during trial.
Step 5: Move to Discovery (6-12 months)
The pace at which car accident lawsuits move depends on many factors including the jurisdiction you're in, the number of Defendants involved, and the complexity of the legal issues. The term known as discovery is a means for each of the parties to exchange information, assess damages, and establish defenses.
The lawyers at Muller Brazil will walk you through each of these steps to make sure the information is complete and accurate, and portrays your case in the best way possible. Depending on the case, this will take anywhere from 6 months to a year.
Step 6: Mediate and Negotiate (2-4 Weeks)
Once discovery is complete, the parties have essentially laid their cards on the table. At this point, your attorney may recommend an alternative dispute resolution, such as arbitration or mediation. This is a chance for both sides to listen to the strengths and weaknesses of their case and negotiate for a mutually beneficial outcome.
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Step 7: Go to Trial (1-3 days)
A car accident trial takes a few days to a few weeks. It depends on how complex the case is, how much evidence needs to be looked at, and how many people need to speak about what happened. Simple cases are quicker, but complicated ones take longer.
Step 8: Settle
Reaching a car crash settlement is only one way to resolve your case. However, if you choose to settle, once you sign and return the release agreement, you will usually obtain your settlement check within 30 days.
Take the First Step Towards Your Settlement
Going through the process of an auto accident settlement can feel overwhelming, but you don't have to do it alone. With the right guidance and support of a personal injury attorney, you can secure the compensation you deserve.
At Muller Brazil, our experienced legal team is here to simplify the process, fight for your rights, and ensure you receive fair compensation for your injuries and damages. Don’t wait, every moment counts in your case!
Auto Accident Frequently Asked Questions
How long do auto accident claims take?
The timeline for car accident claims depends on the complexity of the case. Straightforward cases may be resolved in a few months, but more complicated claims, especially those involving disputes or multiple parties, can take longer.
Do I need experienced car accident attorneys for my case?
Having experienced car accident attorneys can significantly improve your chances of achieving a fair outcome. They understand the legal process and can guide you through every step of your case.
What should I do after a car accident?
After car accidents, it’s essential to document the accident scene, seek medical attention, and contact an attorney to help protect your rights. Acting quickly can make a big difference in the outcome of your case.
What happens during a car accident claim?
A car accident claim involves gathering evidence, assessing damages, negotiating with the insurance company, and possibly pursuing legal action. Each step ensures your case is presented as strongly as possible.
How does a severe injury affect my case?
A severe injury can increase the complexity of your case, as it often involves higher medical expenses and longer recovery times. These factors typically lead to more detailed settlement negotiations.
Can I recover medical expenses from my car accident?
Yes, victims can recover medical expenses as part of their compensation. These include costs for immediate treatment, ongoing care, and even future medical needs related to the accident.
Why are some car accident cases resolved quickly while others take time?
The resolution of car accident cases depends on factors like the extent of injuries, disputes over liability, and the cooperation of all parties involved. Complex cases often take longer to settle.
What is an auto accident case?
An auto accident case is a legal claim filed to seek compensation for injuries, property damage, and other losses caused by a car accident. Each case is unique and depends on its circumstances.
What is financial recovery in a car accident case?
Financial recovery refers to the compensation a victim receives for medical expenses, lost wages, and other damages. It is intended to help restore the financial stability affected by the accident.
How does the legal process work for car accident cases?
The legal process involves filing a claim, gathering evidence, negotiating with insurance companies, and possibly going to court. Each step is aimed at securing fair compensation for your losses.
What are settlement negotiations?
Settlement negotiations are discussions between your attorney and the insurance company to agree on fair compensation without going to trial. This process helps resolve most personal injury cases efficiently.
How important is documenting the accident scene?
Documenting the accident scene is important for establishing liability and supporting your claim. Photos, videos, and witness statements can all strengthen your case.
Meet the Author
Amy Senerth - Associate Attorney
Amy A. Senerth is a trial attorney at Muller Brazil and My Vaccine Lawyer. Ms. Senerth’s practice includes representing vaccine injury victims, and individuals who suffer catastrophic personal injuries as a result of unsafe drugs and medical devices, defective products, unsafe premises, auto, bicycle, and construction accidents. Prior to joining Muller Brazil, Ms. Senerth worked at a litigation firm specializing in worker’s compensation subrogation, and representing injured workers in third party and product liability cases.
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