A car accident can be a traumatic and life-changing event. Along with the physical and emotional trauma, medical bills, lost wages, and other expenses can be overwhelming. If you are considering filing a car accident claim, you may wonder how long car accident settlement negotiations take to recover financial compensation.
Unfortunately, there is no one-size-fits-all answer for how long car accident settlement negotiations take. Every case is different. Many different factors can affect the length of the settlement process. Below, our Los Angeles car accident lawyers discuss the factors that may affect the settlement negotiation process and how an experienced personal injury lawyer can help you get a fair settlement.
What Factors Affect How Long Car Accident Settlement Negotiations Last?
The negotiation timeline of a car accident can vary widely depending on the specific circumstances of your case. You may be able to resolve your case in a few weeks or months by negotiating with the insurance company. On the other hand, if you cannot reach a fair settlement, you may have to file a lawsuit. Litigation lengthens the process, and it may take years to resolve your case. Here are some of the most common factors that can affect negotiations:
Severity of Your Injuries
The severity of your injuries is one of the most significant factors in how long your case may take to settle. If your injuries are minor and you do not need extensive medical treatment, you may be able to resolve your case quickly. However, settling your case can take much longer if you have suffered traumatic injuries.
Serious injuries may require lengthy medical treatment, rehabilitation, and ongoing care. You do not want to resolve your case before knowing the extent of your medical bills and future medical expenses.
Once you have reached maximum medical improvement or the point injuries have improved as much as possible, you should consider filing a claim. Settling too quickly could result in you not recovering enough to cover all your costs and paying out-of-pocket for medical expenses.
Medical Complications and Pre-Existing Conditions
Developing a medical condition related to your injury, such as an infection, may require additional medical treatment and extend your recovery time. A complication can delay the negotiation process until the extent of your damages has been fully assessed.
Additionally, if you have any pre-existing conditions, it may take longer to negotiate a settlement. The insurance company may try to argue that the accident did not cause your injuries.
Insurance Company and Its Position
There are many reasons why the insurance company can impact the length of settlement negotiations. The biggest reason is that an insurance company is a for-profit business. It is in a position to try to minimize its payouts to accident victims.
Insurance companies have significant resources on their side to investigate your claim and challenge it. Its attorney will try to find weaknesses in your case or question your evidence to reduce the settlement amount. It may also argue that you shared blame for the accident.
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In contrast, if the insurance adjuster believes you have a strong case, it may try to settle quickly before you know the extent of your damages. In some cases, insurance companies may drag out the settlement negotiations as a tactic to wear down claimants and get them to accept lower settlement offers.
The settlement negotiation process may be quick if you are willing to take a low settlement. However, we do not recommend accepting an offer from the insurance company before discussing your situation with an experienced car accident lawyer. An attorney can ensure that you recover fair compensation for your damages.
Statute of Limitations and Filing a Car Accident Lawsuit
The statute of limitations is the deadline for filing a personal injury lawsuit regarding your car accident in California. California’s statute of limitations for personal injury claims is generally two years from the accident date.
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If the deadline is approaching, the insurance company may delay the negotiation process to pressure you to accept a low settlement offer. However, your attorney may file a lawsuit to protect your right to seek compensation for your damages. If your case moves to the litigation phase, you can expect a longer timeline for case resolution.
Discovery
If you file a lawsuit against the at-fault party, the discovery phase of litigation will begin. Discovery is the pre-trial phase, where each side exchanges information and investigates the other’s claims and defenses. Depending on the case, this process can take several months or even a year.
However, your attorney can continue negotiating with the insurance company for a settlement, even during discovery. You may be able to settle before discovery ends.
Defense Lawyer’s Approach to the Case
The defense lawyer’s approach can also impact the duration of the negotiation process. Some defense lawyers are more cooperative and may be willing to negotiate. In contrast, other defense attorneys may take a more adversarial and aggressive approach and take cases to trial.
Court Schedule
If your case goes to court, the court’s schedule will affect the timeline of your case. Depending on the court’s calendar, your case may not get attention for months at a time, and it may take years to resolve.
How Can a Personal Injury Lawyer Help Me With My Car Accident Settlement?
Hiring a personal injury attorney can increase your chances of obtaining a fair settlement for your injuries and damages. A personal injury lawyer can help you in many ways throughout the claim process, including, but not limited to:
- Providing legal advice and guidance
- Evaluating the strength of your case
- Gathering medical records and other evidence to support your claim
- Calculating the value of your claim
- Drafting and sending a demand letter to the insurance company
- Negotiating with the insurance company on your behalf
- Preparing and filing a lawsuit if necessary
- Litigating for your right to compensation
Your lawyer will fight for your right to fair and full compensation for damages. With a lawyer on your side, you can focus on your recovery while your legal attorney handles the settlement negotiation process.
If you have recently been injured in a car accident, consider scheduling a free consultation with our law firm about your situation. We can discuss your legal options and determine whether you have a viable personal injury claim to recover compensation for damages.
Understanding the Settlement Negotiation Timeline After a Car Accident
Settlement negotiation generally starts with a demand letter. Our Los Angeles car accident attorneys explain what kind of timeline you may be able to expect below:
Demand Letter
Your lawyer will send a written demand letter to the liable party or their insurance company. This letter informs them that you are seeking compensation for your damages.
The demand letter includes information about the accident, your injuries, and support for your claim, such as medical records. It also consists of the amount you will accept for settlement.
Settlement Negotiations
The insurance adjuster may review the demand letter and respond to it with acceptance, a counteroffer, or rejection. In some cases, the insurance company may not respond at all. How the insurance company responds will prompt your attorney’s next move.
However, the insurance company will send a counteroffer in most car accident cases, which will begin settlement negotiation. Your lawyer will represent you against the insurance company to seek the maximum amount possible for your settlement. This process may involve several back-and-forth counteroffers until both parties are satisfied.
Final Settlement or Trial
In most cases, you will be able to reach a fair settlement during the negotiation process. If so, your attorney will negotiate the settlement agreement terms and release with the insurance company. Then, both of you will sign a settlement release form, which waives your right to any further claims regarding the accident in return for the settlement amount. Afterward, the insurance company will send a check.
However, your case may go to trial if your attorney cannot reach a fair settlement with the insurance company or if the insurance company denies your claim. If either of these situations occurs, your attorney may file a personal injury lawsuit against the negligent party to fight for your right to compensation in court.
When Does a Car Accident Settlement Check Arrive in California?
After you send the settlement release form, it can take some time for you to receive your settlement check. The insurance company will send the check to your attorney, who will deposit it in trust. Typically, medical liens must be negotiated down first before your check for your net portion can be distributed to you. There is no set timeline for receiving your final settlement check. However, generally, you can expect it within a few weeks to a month.
Contact Our Los Angeles Car Accident Lawyers About Your Situation
Car accidents can be stressful and overwhelming, and fighting for your right to compensation afterward can be just as challenging. An experienced personal injury attorney can handle the claim process on your behalf so that you can focus on your recovery.
If you have been injured in a car accident, do not hesitate to seek the help of our qualified personal injury attorneys. At Steers & Associates, we have a long track record of success in helping injury and accident victims get the compensation they need and deserve, just look at our case results.
We can discuss your case during a free consultation and help you understand your best legal options. Fill out our online contact form or call our office at (800) 824-5416 to request a consultation today.
Allen Vaysberg practices personal injury law and works tirelessly to defeat the tactics of insurance companies and large corporations who try to deny justice and fair compensation to injured people.
