If you have suffered injuries in a traffic accident, you might have a claim against the other driver. However, most people don’t have much experience with car accident injury claims. Trying to negotiate on your own with an insurance adjuster who isn’t on your side shouldn’t be your priority. You should be focused on recovering from your injuries and getting back on your feet. That’s why it’s helpful to hire an accident attorney to guide you through the process.
Once you have an attorney, one of your questions is likely to be, “How long does it take to get a settlement from a car accident?” The good news is that the odds of settling instead of going to trial to recover damages are high.
Unfortunately, there isn’t a reliable way to determine how long that process might take. But there are a few factors that can affect the amount of time your car accident claim may take and whether it will go to trial. A knowledgeable lawyer can review your case and give you an idea of what to expect. Contact Brauns Law Accident Injury Lawyers, PC today for a free consultation with one of our Georgia car accident attorneys.
Factors That Determine How Long It Takes To Settle a Car Accident Claim
Because every case is different, it’s hard to know how long it will take to settle your car accident claim without knowing the specifics of your case. Relatively simple cases where fault is clear and no one suffered catastrophic injuries can settle within just a few months. More complex cases can take several years.
Many complicating factors can drag out the time it takes to settle a traffic accident case. This could include any factor that makes the insurance company or other party unwilling to settle for a reasonable amount, such as the following:
- Questions of fault — When responsibility for the accident is not clear, they could be reluctant to settle. A car accident lawyer can help you secure the evidence to prove the other driver was at fault.
- The severity of damages — If you suffer serious injuries, the high cost of your medical care will likely slow a settlement. The insurance company will try to minimize the amount it has to pay out. Negotiations could go on for quite a while if they won’t agree on fair compensation for your losses.
- Previous injuries — You’ll have to prove that your injuries were caused by the car accident. If you have previous injuries, the insurance company may spend time trying to prove your injuries didn’t result from the crash.
- Number of parties involved — In some cases, there may be more than one party liable for your injuries. Your attorney can identify all responsible parties that may owe you compensation. But this can complicate your car accident claim.
- Whether you have to file a lawsuit — If insurance doesn’t settle fairly, you may have to take it to court. However, a study by the Bureau of Justice Statistics found that only three percent of personal injury cases go to trial. Cases involving injuries in car accidents tend to settle faster than other cases, with almost all in the study sample settling in less than 14 months.
If some or all of these factors are in play, you might have to move things to the next level and pursue legal action.
Car Accident Settlement Negotiations Versus Litigation
Once the insurance company makes an offer or denies your claim, your lawyer can help advise you on the best next steps. Depending on the insurance company’s decision, you have the following options:
- Accept their offer
- Appeal a denial
- Reject the offer and renegotiate
- Reject the offer and file a lawsuit
Your car accident attorney can help determine if you’ll have a better chance of settling for the amount you’re owed by filing a lawsuit.
Can I Still Settle During a Car Accident Lawsuit?
Filing a car accident lawsuit does not guarantee that your case will go to trial. Even if your case goes to trial, settlement is a possibility at every step along the way. Every case is different, but court procedures require a certain order to how a case proceeds.
All steps can be delayed or prolonged, but they include the following:
- Filing a complaint — Every lawsuit starts with filing a complaint. It may or may not give a jumpstart to settlement talks.
- A discovery conference —The court and the attorneys for the parties meet and decide on a schedule for discovery. This is the period when the parties gather information about what happened.
- Discovery — The other side has a set period of time to answer after each side files its request. The period is usually 30 days, depending on agreements made during the discovery conference. As the facts become clear, it’s more likely that one side will see weaknesses in their case and be more willing to settle.
- Pre-trial motions — These can include motions to seek or exclude evidence, challenge expert testimony, dismiss the case, or make a judgment before trial.
- Trial — At trial, the judge or jury will review the case’s evidence and make a judgment. Most cases won’t make it to this point, but going to trial is not necessarily the end of the possibility of settling.
- Appeals —The insurance company doesn’t have much reason to settle for more than the judgment awarded unless they want to avoid the time and cost of an appeal. This could be true if there is the possibility that an error occurred that might result in the judgment being overturned or sent back for a new trial.
Contact a Car Accident Lawyer in Georgia Today
If you were injured in a car accident due to someone else’s negligence, you may be owed compensation for your losses. But the process isn’t simple. Thankfully, a skilled lawyer can help you through every step.
For more information on how long it may take to settle your car accident claim, call or contact Brauns Law Accident Injury Lawyers, PC online today. One of our compassionate car accident attorneys can review your case over a free consultation and see how we can help.
This post was originally published on March 2020 and has been updated for accuracy and comprehensiveness on May 2022.
