Why Is My Car Accident Settlement Taking So Long?

It’s tough coping with huge bills after a car accident. Just remember that patience and persistence are crucial to getting the best possible car accident settlement. Insurance companies often delay or try to pay less for your case than it’s actually worth.

If your claim is complicated, it’s important to hire an experienced car accident lawyer near you, to negotiate tirelessly on your behalf.

How Long Does a Car Accident Lawsuit Take?

The car accident settlement time frame can extend from a few weeks to over a year. Insurers are obliged to make a settlement offer within 60 days, but complex claims can take a lot longer.

Car Accident Settlement Timeline:

Seeking medical treatment: 1–12 months.
Evaluation by a car accident lawyer: 2–6 months.
Sending a Letter of Demand: 4–6 weeks.
Filing an insurance claim: 2–4 weeks.
Moving to discover: 6–12 months.
Mediation and negotiation: 2–4 weeks.
Going to trial (if necessary): 1–3 days.
Settlement: usually within 30 days.

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Factors Affecting How Long It Takes to Settle a Car Accident Case

You may ask, “How do car accident settlements work?” The frustrating, truthful answer is it depends. You need an experienced, dedicated lawyer to get the swiftest, maximum car accident settlement.

Factor #1: What Is Your Case Worth?

There is no magic formula for calculating how much you may get from a car accident settlement claim. The strength of your case depends on provable facts.

It’s vitally important to document every single detail of your car accident claim, from the moment that it happens. Consider all losses:

Economic losses are things like medical expenses, lost income, and property damage.
Non-economic losses are what we think of as “pain and suffering” and can be hard to assess or prove.

Factor #2: How Severe Are Your Injuries?

If a car accident victim is killed, permanently disabled, or severely disfigured, the long-term consequences must be calculated.

Has a family lost their breadwinner? Will you need ongoing medical treatment? Are you unable to resume your usual daily activities? Can you live independently? Answers to such questions take time to assess after a car accident.

Factor #3: Who Was Liable for Causing the Accident?

If negligence caused the accident, you have to prove that the negligent party did not take due care. This could be the other driver, their employer, or even a parts manufacturer.

Was there recklessness involved? Was the other driver intoxicated? Were they committing a traffic violation? These and many other questions arise when trying to establish liability. It can be a convoluted, time-consuming process.

Factor #4: Who Is The Insurance Company?

Insurers are quick to collect your premiums, but once you lodge that claim, everything changes! You thought they were on your side, but suddenly you’re met with stalling and aggressive tactics to delay setting your claim.

Unscrupulous insurers are well aware of the statute of limitations and know that if they prolong the payout, some claimants give up due to escalating costs and frustration. If you think your insurer is trying to stymie your car accident settlement payout, you need help from a good attorney.

Factor #5: Is There a Heavy Caseload in Your Jurisdiction?

Settling a car accident claim usually happens through negotiations. However, if there are ongoing disputes, it may be necessary to go to court. Most courts are swamped with a post-pandemic backlog. It can take ages for your case to be placed on the court roll and get a trial date.

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