How long do most car accident settlements take?
From physical pain, to mental stress, car accidents can have a huge impact on your life. They can be frightening, and at times overwhelming when dealing with vehicle repair, medical bills, and other financial stressors. It comes at no surprise if you want to be done with the accident just as quickly as it happened, and fortunately most car accident cases rarely go to trial. There are a few factors that determine the timeline of your car accident case, such as the severity of your injuries and recovery time, the liable parties insurance, the liable party’s willingness to co-operate and negotiate, and the liable party’s defense.
Car accident settlement timeline
- Part one: Medical treatment
Suffering from injuries is an unfortunate but very real possibility if you are involved in a car accident, and seeking proper medical attention and receiving treatment is necessary for your physical well being. If you do not seek medical treatment it can negatively impact your recovery, personal injury claim, and your settlement amount. Recovery can take anywhere from several weeks to a year, and in some cases even more; it is imperative to listen to the guidance of your medical provider and to attend all scheduled appointments until you have reached maximum recovery.
- Part 2: Review your case with a car accident lawyer
Once your medical provider considers your injury to be fully healed or to have reached your maximum improvement, your car accident attorney may begin collecting evidence to support your case regarding damages. Avenues they will consider are medical records, medical bills, property damage, wage loss, and out of pocket expenses you have had due to the accident. Gathering and reviewing the aforementioned information and data can take anywhere from two to six months, which is very much dependent on the extent of your treatment, injury, and loss. It is important to provide information regarding your case as soon as possible (when requested by your lawyer), doing so sets them up with what they need in order to dive into your case.
- Part 3: Sending a letter of demand
Upon completing your treatment and assessing your losses and damages, your car accident lawyer will more than likely attempt to negotiate your settlement with the liable party. If the liable party does not wish to negotiate or comply, your lawyer can file a lawsuit or send a letter of demand on your behalf. The process can take four to six weeks, initiated by sending a demand letter.
- Part 4: Filing an insurance claim
If the liable party is unwilling to negotiate or pay your requested settlement, your car accident lawyer may initiate a lawsuit and prepare a complaint on your behalf. Each defendant will be served and have 20 days from serve date to file a response. While you may be filing a lawsuit, most cases do not make it to court as they are typically settled between the parties involved in the car accident. But, be prepared for anything as your case may make it to court.
- Part 5: The discovery stage
How quickly your case moves depends on a few factors, some of which include what jurisdiction your lawsuit was filed in, how many defendants are involved in the case, and just how complex your case may be. Moving to discovery is the stage where all parties exchange information, assess losses and damages, and establish defenses with their respective lawyers. The attorneys at Point Law Group, LLP based in Los Angeles ask you to review the information to ensure it is accurate and complete. This can take anywhere from six months to a year, depending on the complexity of the case.
- Part 6: Arbitration and negotiation
Once you have completed the discovery period and presented all the information regarding your accident, you are in the very reliable hands of your attorney. More than likely, your car accident attorney will explore mediation or arbitration as an alternative route, allowing for an open negotiation on both sides. If a fair settlement comes from this negotiation, your case will not make it to court. Please keep in mind, mediation can take about two to four weeks.
- Part 7: Going to trial
If you cannot come to a settlement in the arbitration and negotiation state, your case will go to trial. This typically takes up to two days but has been seen to reach three days.
- Part 8: Reaching a settlement
The only way to close your case is when both parties reach a settlement agreement. If you choose to settle, you will need to sign and return the release or settlement agreement (you will receive the final settlement within 30 days of signing) or vice versa if the counterparty chooses to settle.
Frequently asked car accident questions
- How long does it take after settlement to receive a check from a car accident?
- How long does it take to receive an insurance check for a said accident?
- Why does a car settlement take so long?
Point Law Group | Los Angeles Auto Accident Lawyers
Good and important questions, all of which can be answered by Point Law Group, LLP, a group of auto accident lawyers Los Angeles that have settled millions! Point Law Group, LLP offers tailored representation and can help resolve any problem you might have. Specializing in car accidents, motorcycle accidents, pedestrian accidents, and rideshare accidents , Point Law Group, LLP are determined to secure their clients with a full and fair settlement. Please contact (310)560-0606 or visit their website and submit an online contact for a free consultation today!
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