The time it takes to settle a car accident case varies greatly, depending on the factors involved. Car crashes can be minor, or they can result in tremendous physical injuries and emotional trauma, and even cause fatalities. Survivors may have to deal with painful surgeries and rising medical and household bills at a time they are unable to work. While some simpler cases with minor injuries and property damage may be resolved in a few months, others could take several years, especially if they go to trial.
After a car accident that causes injuries, you should be entitled to receive compensation for the physical, emotional and financial losses that resulted from the crash. These are called damages, and should cover payment for your economic or monetary losses, as well as your non-economic damages that do not have a specific dollar value but negatively impact your life. Compensation may include:
- Medical, caregiving, and rehabilitation expenses
- Lost earnings and future earnings if unable to work
- Property damage
- Non-economic damages like physical and emotional pain and suffering or loss of enjoyment of life
- Wrongful death.
However, depending on circumstances, it may take time to receive a fair settlement. To get an estimate of how long your individual case will take, it can help to consult with an experienced personal injury lawyer who can evaluate your individual situation, handle all negotiations with insurance companies, and fight for the fair settlement you deserve, avoiding unnecessary delays.
Five Factors That Determine How Long a Car Accident Settlement Takes
While every accident is unique, the following are the factors that most commonly affect the time it takes to get a settlement:
Severity of injuries and necessary medical treatment
Severe injuries often require extensive medical treatment and long-term care. It is important not to agree to a settlement until your injuries have healed to the maximum extent possible and your medical treatment is over, so you know the full extent of your medical expenses. If you were seriously injured, it may take more time to determine how your future will be impacted and what treatments you will eventually need. Be aware that once you accept a settlement, you will not be able to receive more should your injuries worsen or new injuries pop up in the future and you need additional care.
Complexity of the case and whether liability is clear
When car accident cases involve severe injuries, disputed liability as to who caused the accident, or multiple parties who may have contributed to the accident, the settlement process can involve prolonged negotiations and litigation. This may require thorough investigations of the accident and gathering evidence such as police reports, witness statements, and photos and videos of the scene, and even hiring expert witnesses to reconstruct the accident and testify as to what happened. In these situations, the timeline for reaching a settlement can extend to several years.
Insurance Company Tactics
Insurance companies are aware that accident victims want their money quickly, and they may make initial offers for way less than the case is worth. They may deny claims outright, delay negotiations, or request additional documentation, extending the time it takes to settle. If the insurance company refuses to make a fair settlement, it may be necessary to file a lawsuit to seek appropriate compensation. It then takes additional time to investigate and gather evidence, conduct depositions, hire experts and engage in more negotiations. If a settlement still can’t be reached, the case may have to go to trial and be at the mercy of court schedules, which can further extend the time for a settlement.
Willingness to negotiate
The willingness of all parties to negotiate and compromise is a major factor in determining how quickly a settlement is reached. In the beginning, many insurers make a lowball offer, hoping you will accept it quickly. Your attorney counters with evidence showing the extent of your injuries, financial losses, non-economic damages such as pain and suffering, and the potential for long-term consequences. This back-and-forth negotiating process continues until an agreement can be reached or the case proceeds to trial. If the insurance company is willing to compromise, negotiations can wrap up quickly, but negotiations can go on for months, especially in cases where there are high damage costs, disputed liability, or multiple defendants. Your attorney’s negotiating ability and willingness to take the case to court can also influence how long it can take to settle.
Whether the case goes to trial
Your case may have to go to trial in situations where the insurance company fails to negotiate in good faith or engages in unreasonable delays or denials. It could also be drawn out if your case involves complex factors or requires expert witnesses and specialized legal knowledge. Taking a claim to court involves scheduling hearings, taking depositions, gathering additional evidence, hiring expert witnesses, and adhering to court schedules and guidelines. All of this can add months or even years to the time it takes to settle, but it may enable you to get a better settlement.
By understanding these factors and working with an experienced legal professional, you can have a better idea of how long it should take to get a car settlement for your accident.
Get Help in Determining How Long Your Car Settlement Should Take
While there are no guarantees, having a skilled personal injury lawyer working for you as soon as possible after a car accident can increase the chances of shortening the time it takes for a settlement. An experienced attorney can start investigations quickly, interviewing witnesses, getting police and medical reports, gathering evidence and presenting convincing arguments to the insurance company while negotiating for a fair settlement. Knowing that you have an attorney who is willing to go to trial can encourage insurance companies to take your case seriously and make a reasonable offer.
If you or a loved one has been injured or someone has died in a car accident in Kentucky, the experienced car accident attorneys at the Johnson Law Firm are here to help. Attorney Billy Johnson can determine responsibility and the extent of damages, establish your claim, and handle all legal requirements, court filings, investigations, and negotiations involved with recovering the full financial compensation you deserve as quickly as possible.
We offer free consultations, and there are no fees to you unless and until we win your case, so call us today to get started.
Attorney Billy Johnson
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]
