Car accidents can be devastating and overwhelming experiences, and attorneys understand you may be eager to receive a settlement to help alleviate the financial and emotional burden. Unfortunately, there’s just no clear-cut answer for how long a car accident settlement takes.
Every case is unique, and the duration of the settlement process can vary widely based on the facts of your claim. Your settlement timeline depends on various factors, such as the case’s complexity, your injuries, and the insurance companies’ willingness to negotiate a fair settlement.
The important thing is that you have a car accident attorney ready to oversee the settlement process as efficiently as possible. Let your legal team handle the process of your case while you focus on your recovery.
Average Time it Takes to Settle Motor Vehicle Collision Claims
The time it takes to settle a car accident claim will vary depending on the case's specific circumstances. Generally, there is no set timeframe for settling a car accident claim. However, there are some general trends and factors to consider.
On average, straightforward car accident claims might be resolved within a few months, while more complex and contentious cases may take years. Factors that might prolong the settlement process include your injuries’ severity, disputed liability, multiple parties involved, and the need for expert opinions or investigations.
Insurance companies often prefer to drag out the settlement process to minimize their financial liability. Yes, they will intentionally delay offering vulnerable claimants a fair settlement, knowing that they are more likely to accept lower settlement offers as medical bills and lost earnings pile up.
You need representation from an experienced car accident attorney to protect your rights and handle the settlement process efficiently.
Time Limits for Filing Car Crash Lawsuits
Each state has a statute of limitations that sets a deadline for filing a car accident lawsuit in court. While not every case will require a lawsuit, some do, and it is important to respect these deadlines to leave this option open.
Across the United States, the statutes of limitations range from one year from the accident all the way to six years, depending on where the crash happened. Consult a car accident lawyer immediately who can advise on the deadline for your case. For example, the statute of limitations in Washington State is generally three years from the date of the accident.
If you fail to file a claim within this time frame, you may lose your right to seek compensation for your injuries in court. This also practically means you lose much of your negotiating power with insurance companies and your right to challenge an insurance company’s refusal to settle at all. Do not let insurance agents push you past this deadline with false promises of future settlement. Contact a nearby car accident attorney immediately if you suspect the deadline is approaching.
Even though you might have a few years to file litigation, it’s important to act promptly after a car accident so your attorney has ample time to gather evidence, document injuries, and initiate the claims process. Some insurance claims must be filed within a substantially shorter period, often 30 to 120 days, including certain claims against public entities.
This allows all parties to fairly gather evidence, such as tire tracks, vehicle photos, and dashcam information, before it disappears. The sooner you contact a car accident attorney, the better your chance of building a strong case and maximizing your potential settlement.
Calculating A Realistic Settlement Amount After a Car Accident
Determining the maximum realistic settlement amount after a car crash requires thoroughly evaluating several factors. These factors include the following:
- Medical expenses: This includes not only existing medical bills but also any future medical treatments and rehabilitation costs related to the car accident.
- Lost income: If the car accident has caused you to miss work or impaired your ability to earn a living, you may be entitled to compensation for the earnings you have lost and/or will lose in the future.
- Property damage: If your vehicle or other property was damaged in the accident, you might obtain reimbursement or replacement costs.
- Pain and suffering: Compensation for physical pain, emotional distress, and the impact the accident had on your quality of life are also factors to consider.
- Available insurance and private resources: Most claims are realistically capped by available insurance maximums and, if applicable, the private resources of the liable driver. Lawyers must strike a balance between obtaining the maximum settlement amount in your case and not forcing a liable driver or small company into bankruptcy, which can relieve the debtor of legal responsibility.
Calculating your maximum realistic settlement amount can be complicated, and insurance companies will never give you an accurate assessment. They will tell you that your claim is worth much less, hoping the company can save money when you accept a low offer. Never accept anything without advice from a car accident attorney.
Instead, before you speak with insurers, consult an experienced car accident lawyer who can evaluate your case and determine what a fair settlement looks like in your situation.
The Importance of Keeping Medical Records and Journals During the Settlement Process
Keeping accurate and detailed medical records and journals during the settlement process is important for documenting your injuries, treatments, and the impact of these injuries on your daily life. These records serve as valuable evidence to support your claim and can significantly strengthen your case. Keeping detailed and organized records might also help accelerate the settlement process, as it increases the speed with which your lawyer can respond to discovery requests, make accurate settlement demands, and file litigation.
Make sure to:
- Attend all scheduled medical appointments, including ‘independent’ medical exams (IMEs), and follow your healthcare provider’s instructions.
- Keep copies of all medical bills, receipts, and correspondence related to your treatment.
- Take photos of visible injuries, such as bruises or scars, as visual evidence.
- Maintain a journal to record daily experiences, including pain levels, limitations, and emotional distress. These journals should include any difficulties with daily living – such as sitting, cooking, sleeping, cleaning, and lying down – and emotional distress. Such records can provide a comprehensive account of your physical and emotional suffering, which is necessary to recover pain and suffering damages.
By maintaining detailed medical records and journals, you can accurately convey the impact of the car accident on your life and increase the likelihood of receiving fair compensation for your injuries.
Settling Car Crash Claims Involving Ongoing Medical Treatment and Lost Earnings
Some injuries require continued treatment and keep you out of work beyond the time your claim settles. Car accident claims involving ongoing medical treatment and lost income may take longer to settle.
In these cases, you must ensure a settlement covers the full estimated costs of future treatment, and your future lost earning ability. You generally cannot ask for additional resources once your claims are officially settled, even if you realize your expenses are greater in the future.
Only an experienced car accident attorney should accurately evaluate your damages and negotiate with insurance companies. They can consult experts to weigh in on how much your future losses are likely worth.
During the settlement process, it is important to do the following:
- Continue with any prescribed medical treatments and keep records of all medical expenses.
- Keep track of the days missed from work and any potential future income loss.
- Provide documentation, such as medical reports and income statements, to support your claim for ongoing medical treatment and lost earnings.
A car accident lawyer can assess the long-term impact of your injuries and work to secure a settlement that covers both your current and future needs. They can provide strong evidence to insurance companies of what you need for the future due to catastrophic and lasting injuries.
The Dangers of Litigation Loans and the Importance of Retaining Counsel if You're in Financial Distress
After a car crash, you may be in financial distress due to medical bills, loss of income, and other related expenses. In this situation, some companies may offer you a ‘litigation loan’ or ‘lawsuit loan’ to provide immediate financial relief while your case is pending.
However, it’s important to approach these loans with caution. Litigation loans typically come with high interest rates and fees, which can add to your financial burden in the long run. Instead of opting for a litigation loan, seeking legal counsel from an experienced car accident lawyer is advisable.
An attorney can:
- Evaluate your case and determine the potential value of your claim.
- Negotiate with healthcare providers and creditors to reduce or delay payment until your case is settled.
- Advocate for a fair settlement considering your current financial situation and overall needs.
- Keep the process moving efficiently to avoid unnecessarily prolonged financial concerns.
Experienced legal counsel can provide the necessary guidance and support to face these financial challenges and protect your rights throughout the settlement process.
Steps for Accelerating Your Settlement Timeline
While your accident settlement timeline will vary depending on the circumstances of your case, there are a few things that may help accelerate the process:
- Seek prompt medical treatment: Ensuring prompt medical treatment not only protects your health but also provides valuable documentation for your claim. Insurance companies may question the severity of your injuries if you delay seeking medical attention, which will lengthen the case.
- Gather evidence and documentation: Collecting evidence such as accident reports, witness statements, and photographs right away can strengthen your case and expedite the settlement process. A car accident lawyer can obtain these documents on your behalf, so call one in your area as soon as possible.
- Hire a car accident lawyer immediately: The sooner you have the right attorney on board, the sooner they can begin the process. In many situations, this can mean your case settles quicker, as they can gather fresh and strong evidence and immediately begin working with insurers to start the process.
Hiring an experienced personal injury attorney is the best way of obtaining the highest settlement most efficiently. You need a lawyer who advocates for the best resolution to your claim based on your unique personal circumstances. You do not want to rush the process, as doing so can result in an insufficient settlement. However, you do not want it to unnecessarily drag on, either. The right car accident lawyer can keep everything on track.
What are the Costs of Hiring a Car Accident Lawyer?
The last thing you want to think about is the extra financial burden of legal fees. However, hiring a car accident lawyer can actually save you money in the long run.
One of the most common concerns about hiring a lawyer is the cost. You may be worried about exorbitant fees and wonder if it's worth it. The good news is that many car accident lawyers work on a contingency fee basis. This means they won't charge you anything upfront and will only take a percentage of your settlement if they win your case.
This arrangement eliminates the risk of hefty legal fees without any guarantee of winning your case. With a contingency fee agreement, you can have peace of mind knowing your lawyer is motivated to secure the best possible outcome for you since their payment directly stems from your success.
Additionally, hiring a car accident lawyer can maximize your compensation. They know how to negotiate and build a strong case on your behalf. By having a skilled attorney on your side, you increase your chances of receiving the full compensation you deserve, which is rare without representation.
Consult a Car Accident Lawyer to Start the Process Now
After suffering injuries, never wait to consult a personal injury lawyer. The legal process can have many delays, and having an experienced attorney soon after the crash can resolve your claim efficiently.
By consulting a car accident lawyer early on, you can ensure you have the best chance of receiving fair and just compensation for your injuries. Don't delay in seeking legal representation – the sooner you act, the stronger your case will be.
Chong H. Ye
Managing Partner
Chong H. Ye is a Federal Way, WA personal injury trial lawyer who understands that when clients come to him with their legal matter, they need his experience and his readiness to fight the insurance companies on their behalf.
Author's Bio