How long does a car accident settlement take?
It is important to note that the average time for the resolution of a car accident can vary in duration,taking anywhere from a couple of weeks to several years. This variability is influenced by the unique circumstances of your accident and even the location where it occurred. In some states, the time can vary due to different insurance laws and different procedures.
For example, in no-fault states, you can gain access to compensation without proving fault, but you can encounter specific challenges even in these circumstances. Several other steps are initiated if you decide to pursue a claim if your damages exceed the injury threshold.
But how long does a car accident settlement take in California, a comparative fault state? Car accident settlements in at-fault states have a similar timeframe. An experienced car accident lawyer can help you determine the duration of your settlement by analyzing the unique factors surrounding your case.
Contact Brown & Gessell for a free consultation on your case and gain insight into the legal proceedings. You can settle a car accident both in and out of court. Here is everything you need to know about the most important factors that determine the duration of most car accident settlements.
Dealing With a Car Accident Claim
California car accidents can be settled in a couple of weeks, months or even years, depending on your case’s complexity and the willingness of the parties to negotiate. When you pursue a car accident claim in California, everything you do from the moment the accident occurs will play a crucial role in the length of your case, empowering you with the responsibility to act wisely.
For example, suppose you refuse immediate medical attention but still decide to pursue a claim to seek compensation. In that case, you will have a more challenging time finding an experienced attorney to take your case. This is because your personal injury claim can be disputed and the opposition might argue that you exacerbated your injuries by refusing medical care.
If you decide to pursue a swift settlement without legal counsel, you might prematurely settle your case and not receive maximum compensation or a fair settlement. The only way to receive substantially more compensation is to know the full extent of your injuries, build a strong case, and choose the right legal team for your type of case to represent your rights and seek your best interests. For example, suppose your car accident case involved a truck driver. In that case, you should speak with a lawyer who focuses on truck accidents and has a proven track record of successfully representing clients. Generally, you need to have patience when recovering compensation. You can rarely achieve a fair amount in a fast settlement process since:
- The investigative process takes time. Disputed liability claims are common, especially when there are many parties involved or significant damages;
- You cannot recover compensation for a car accident if you do not know what to pursue, such as your medical bills. Significant injuries take more time to heal, which means more medical expenses.
- How long does it take for you to heal? It is difficult to ascertain as other factors influence your recovery time, such as age, overall health, the severity of the car crash, and sustained injuries.
- Insurance companies will either offer you an early low settlement offer, leading to back-and-forth negotiations, or delay your claim in other ways
Steps to Take After a Car Accident to Kickstart Your Claim
You should know what steps to take from the start to ensure that you settle your personal injury case without additional delays. Here are some suggested steps you can take:
Seek Medical Attention
Many car accident victims often panic or do not comprehend fully their injuries once a crash occurs. If you have suffered injuries, you must prioritize your health. Contact emergency services even if you feel fine and get immediate medical attention. The medical records will act as valuable evidence in your case, documenting your injuries and linking them to the car accident.
When you pursue a personal injury case, you must prove that the at-fault driver caused your injuries, and the medical records will play a crucial role in establishing this fact.
Report the Accident
You must report a car accident to authorities when it results in injury, property damage exceeding $1,000 or results in a fatality, under California’s Vehicle Code—VEH § 16000.1.
Personal injury cases are based on a party injuring another when they owe each other a duty of care; in this case, obeying traffic laws and driving their vehicle safely. If a party breaches this duty and the breach results in your injury, you can pursue a claim against them.
The police will investigate the car accident and find out if you are dealing with an uninsured or underinsured driver or a driver under the influence. This can make your case easier or more challenging. The details will often be included in the police report.
Through medical and police reports, you can establish fault more easily while pursuing your claim, but these are not the only factors.
Document the Accident Scene
You can collect evidence while at the accident scene if you are able, which will be useful in your civil claim. Take photos of your injuries. Sometimes, car accidents can be caused by road conditions so photograph the road conditions as well. Take photos of the vehicle damage and the accident scene from different angles. Naturally, you should prioritize addressing your injuries.
Exchange contact and auto insurance information with the other parties involved and get the contact information of possible eyewitnesses.
Call Your Insurance Provider
Let your insurance company know about the car accident. It is always better to seek an attorney’s advice and direction even before sharing information about the accident with your own insurance company. If the offending driver is found to have no insurance, your insurer may well be opposite you in a claim for under or uninsured motorist coverage. If the other driver’s insurance company contacts you, avoid giving them important information or let your lawyer speak to them instead. The insurance adjuster might offer you an initial settlement. Do not accept it until you know the value and seriousness of your injuries and losses.
Consult With a California Car Accident Lawyer
Filing an auto insurance claim can be challenging. Consult a car accident lawyer who can guide you through your claim in California. An experienced car accident lawyer will help you pursue your claim and secure appropriate compensation. They advise you on the potential settlement amount, factors influencing it, how to file your claim, and estimates on how long it will take to achieve it.
Hiring a lawyer does not mean you will go to trial. A law firm can help you settle claims outside of court and avoid the stress and unknown results of a court case.
Even if you have serious injuries, you can achieve fair compensation for past, present, and future damages in a car accident settlement outside of court. Still, in the event of litigation, you save valuable time since you already have legal counsel familiar with the complexities of your case. If the trial lawyers at Brown & Gessell have successfully represented clients in the type of car accident you were involved in, you will have a higher chance of receiving a satisfactory settlement.
Car accidents cannot usually be pursued in California if more than two years have passed since the crash occurred. This is due to the state’s statute of limitations doctrine. This means that you should pursue a claim as soon as possible. A car accident attorney can still help you pursue a claim if special circumstances apply to your case.
Factors That Affect the Duration of Car Accident Claims and Settlements
A car accident settlement has many varying factors that influence its duration. The following factors influence car accident cases and the time it takes to settle:
The Severity of the Injuries
The severity of your injuries is one of the aspects that will influence the duration of the car accident settlement. This is because other monetary factors are tied to your injuries, not just the medical bills that need to be calculated. Your injuries might have caused you to suffer lost income or affected your earning capacity in other ways.
So, how long does it take to settle a car accident claim in California if you have suffered minor injuries? The average settlement duration can be six months to several years, and is tied to other factors. The time it takes to settle a car accident involving moderate to severe injuries can be longer.
If Multiple Vehicles are Involved in the Crash
If there is more than one party involved in your car accident claim, there will also be more than one insurance company to deal with at negotiations and a more comprehensive investigation will be needed to assign a percentage of fault to each party.
Each insurance company will try to influence the outcome. The settlement process can be slower or faster in such incidents; it all depends on how the parties negotiate. The good news for the injured party is that they are more likely to recover fair compensation when multiple parties share responsibility.
Wrongful Death
How long does it take to settle car accidents when a fatality occurs? In such a personal injury case, the surviving family members must pursue the claim. Here, other factors influence the duration of the settlement. First, the family members must determine who has the right to pursue a claim. This is usually the spouse of the deceased, but can also include children and even parents.
The second aspect is proving that the car accident directly resulted in the fatality and that the at-fault driver is responsible for the accident. If there are few disputes, a wrongful death claim can be settled fairly quickly. However, if there are disputes, the settlement can take years to resolve.
The Strength of Your Legal Representation
When you pursue a personal injury claim, you will encounter various challenges affecting the settlement duration. Having a dedicated legal team by your side will influence the duration of your case. Car accident cases are often settled outside of court, which in many situations is influenced by the skills of the lawyers and their ability to prepare your case, negotiate, and represent your rights and best interests can speed up the process.
Negotiations With the Insurance Company
When you pursue an insurance claim, negotiations can be frustrating in that they can take significant time and depend on many factors. The at-fault driver and their insurance company can contest your claim or simply refuse to settle. If the parties cannot agree on the accident settlement amount, the claim will take longer to settle because litigation will be necessary.
Legal Procedures and Court Delays
When a car accident claim cannot be settled outside of court, it will be resolved in a trial. But this means other legal procedures will occur, and your case will also be subjected to the court’s schedule, which can vary drastically due to many factors. The litigation phase can extend your car accident case by months to years. Still, the case can be settled without needing a full trial. Once your case is over and you have prevailed, you will receive a settlement check within weeks of the verdict, if an appeal is not filed by the defense.
Working With a Dedicated Car Accident Attorney
A car accident settlement can take weeks, months, or years to settle since many factors influence it. To increase your chances of settling your case quickly, you should consult a dedicated car accident attorney.
Car accident claims involve various complex legal aspects. Since California follows a pure comparative negligence system, all parties can be assigned fault in a car accident, allowing even drivers who are 99% at-fault to recover damages. You can navigate the legal proceedings more easily and hold the at-fault driver liable for their negligence, with the legal services of a skilled lawyer.
Regardless of how complex your car accident case might be, at Brown & Gessell, our dedicated car accident attorneys are ready to help you recover appropriate compensation for your medical treatment, lost wages, property damage, pain and suffering, and more. Active for almost two decades, our law firm prides itself on its ability to bring justice to personal injury victims.
We have recovered millions for our clients. Contact our law firm today for a free consultation to learn more about your case and your rights under the law.