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There is no set time frame on a car accident claim to settle, as most claims will depend on insurance companies determining a settlement offer or even fighting the claim by taking the case to court.
Most car accident lawsuits involve several stages, which include:
- Filing a claim or lawsuit
- Pre-trial motions from the defendant
- Determining a court date
- Mediation
- Discovery phase
As you question how long it takes to settle a car accident claim, consider the above five stages and the varying time it may take to complete these stages.
What Could Make My Car Accident Lawsuit Take Longer?
Settling out of court is usually the ideal option for most injured claimants, while filing a car accident lawsuit can take longer. When a car accident claimant files a complaint, they will list their claim and justifications for filing the lawsuit. Once the plaintiff submits their complaint, the defendant will have time for rebuttal.
During pre-trial motions, the defendant could potentially request a change in venue, change of judge, moving the case from state to federal court, or dismissing the case when a plaintiff files beyond the time limits. Even after pre-trial motions, a car accident lawsuit could take several months or a year to begin a trial.
Furthermore, a judge may request a mediator to help with negotiations to avoid a trial. The final stage of a car accident lawsuit is the discovery phase, which involves both parties presenting the evidence they have gathered.
However, at any time during the stages of a car accident lawsuit, both parties may reach a settlement offer. During this time, the plaintiff would sign a release which prohibits them from seeking legal recourse against the defendant upon reaching a settlement out of court.
Pursuing Compensation for Damages After a Car Accident
Car accident claims may include a variety of damages, or losses, in which the plaintiff has suffered. For instance, plaintiffs may experience injuries due to their accident. For example, whiplash is a common injury caused by auto accidents, and these types of injuries may result in current or future medical expenses for the plaintiff.
The Centers for Disease Control and Prevention (CDC) has also found that motor vehicle crashes were the leading cause of hospitalizations for adults and adolescents who suffered a traumatic brain injury between the ages 15 to 44 years of age.
During a car accident claim, the plaintiff can total these damages and present their figure to the defendant and their insurance company when seeking compensation. Aside from medical costs, plaintiffs may also experience:
- Lost wages
- Property damage
- Pain and suffering
- Loss of consortium
- Wrongful death
Understanding Evidence and Discovery in Car Accident Claims
During the discovery phase of a car accident settlement, the plaintiff and the defendant will have the opportunity to present all their evidence. Both parties may conduct their own private investigations into the accident to determine if they can prove fault or to prove that negligence was involved.
Typically, personal injury claims for car accidents are filed under the basis of negligence. You have a negligence claim in a “fault” state if you are injured by a driver who failed to exercise reasonable care, because drivers have a duty to exercise reasonable care anytime they are on the road.
Thus, the plaintiff may be required to present evidence to prove that the defendant breached their duty of care owed to the plaintiff. With car accidents, distracted driving would be an example of negligence, which reportedly injured 400,000 Americans in 2018, according to the National Highway Traffic Safety Administration.
Aside from presenting evidence that proves the defendant was negligent and thus liable for the accident, the plaintiff may also acquire other evidence following a car accident. This evidence may include, but is not limited to the following:
- Police reports
- Photographs
- Surveillance video
- Eye-witness testimony
- Auto repair bills
Learn How a Car Accident Attorney Can Help Your Case With a Free Case Review Today
If you or a loved one has been injured in an auto wreck through no fault of your own, a car accident attorney from George Sink, P.A. Injury Lawyers may be able to seek compensation on your behalf from the at-fault party.
How long it takes a car accident claim to settle can vary because of the several stages between settlement negotiations and taking the case to court. To begin a free case review, call our law firm or fill out our online form today.