How Long Do Car Accident Settlements Take?
You’ve been in an auto accident and suffered painful injuries, all because another driver was negligent on the road. If the car accident claim you filed didn’t result in a fair offer from the insurance company, your next step is a car accident lawsuit. When a negligent driver has cost you a fortune in medical bills, lost wages, and other financial damages, you may be wondering how long you’ll have to wait to get this financial recovery.
In addition to these added expenses, you have monthly bills that you’re falling behind on, all while the pain you feel is taking its toll. With injuries keeping you from working until you heal, or that have caused permanent effects that make working impossible, it’s only a matter of time before you sink deep into debt, and it would be great to get that settlement money fast.
How long do settlements take after a car accident? The answer to this question depends on a variety of factors unique to your case. Some car accident cases may be resolved quickly while others could take much longer.
Hedge Copeland, P.C., is a personal injury law firm that fights for accident victims’ rights while providing full legal support throughout the personal injury claim process. In this blog post, we explain the process for car accident settlements to help you know what might impact their timeline for resolution, and how a car accident lawyer can be of assistance for personal injury cases like these.
Understanding the Car Accident Settlement Process
The settlement process for a car accident will begin with filing your car accident claim. Since Alabama is an at-fault state, you will contact the insurance company that represents the other driver.
The insurance company will then investigate the accident and assign an insurance adjuster to your car accident claim. During this time, if you have car accident injuries, you should seek medical treatment as soon as possible following the crash. You will need to submit your medical records as well as any other evidence you may have from the car accident, such as police reports or photos of your injuries and property damage.
Once your claim has been reviewed and liability is determined, you may be offered a settlement check if the insurance company agrees their policyholder was at fault. However, the contributory negligence rule in this state only allows car accident victims to seek compensation if they have no percentage of fault. Under this rule, that means if you’re 1% at fault, you will be denied compensation.
Often, insurance companies use this tactic in the state of Alabama to deny payouts or to offer a low settlement amount. At this point in the settlement process, you may need to take legal action by filing a lawsuit. If you choose to do so, you shouldn’t proceed without a car accident lawyer to lead the way.
Car accident cases, especially in Alabama, can become more complicated due to several factors that may impact the settlement amount as well as the duration for car accident claim settlements.
Factors Affecting the Duration of Car Accident Settlements
Many factors can affect the length of time it takes to receive your settlement:
Severity of Injuries
The more serious your injuries are, the longer it will take to arrive at a settlement agreement. Every personal injury lawyer will tell you not to settle until you reach maximum medical improvement (MMI). Until you get to that point in your medical treatment, you may not know what will be required for your future medical care.
If you were to settle before that point, you’d be stuck paying the additional medical bills for any further treatment out of your own pocket. A car accident lawyer negotiating on your behalf will wait until you’ve reached your MMI to ensure that you get a fair settlement.
Insurance Company Negotiations
After a car crash, there will be a lot of back and forth with the insurance company. They will need to see your medical records, medical bills, and other evidence of your serious injuries. They will also need to determine liability to finalize the claim.
If the insurance company blames you for the accident, you may not get financial compensation. This is one of the many reasons why you’ll want a car accident lawyer to advocate for you from the start of your claim.
Gathering and Presenting Evidence
Evidence is important in an auto accident claim to show negligence and liability. You’ll need medical records of medical care to show the extent of your serious injuries, evidence of lost income, and proof that you suffered mental anguish. How quickly a case settles may boil down to how strong the evidence is for supporting the claim.
Legal Complexities and Liability Disputes
Did your auto accident involve three or more vehicles? Was there a commercial truck or a company vehicle involved? The more parties that have been caught up in the crash, the more complex your case will be.
Additionally, if your claim with the insurance company isn’t resolved through a settlement, you will want to hire a car accident lawyer immediately. A better idea is to start with their representation during the claims process. However, if you tried to handle the aftermath of your auto accident on your own and got nowhere with a settlement on your claim, it’s wise to hire a lawyer who can file a lawsuit on your behalf.
Most law firms provide a free consultation that can help you determine the best way to move forward. Lawyers are also important for this process since they will be sure to file your lawsuit in accordance with the statute of limitations, which is two years from the date of the accident.
Typical Car Accident Settlement Timeline
As mentioned, there’s no set time that car accidents will be settled. It will depend on the factors discussed above as to whether you get your money quickly or you have a longer road ahead before receiving compensation.
In a less complicated case, the average time to settle could take a few weeks. Most cases will take at least several months, though the average time for a more complicated accident claim could take years. Based on this, you can expect the average time to take a few months or longer.
When you work with an attorney, you can get a better idea of how long it may take based on the circumstances and documentation in your case.
Steps to Expedite the Settlement Process with Legal Assistance
The best way to ensure fair compensation and expedite your car accident settlement is to take the right steps from the start:
Report the Accident to the Police
You need to call the police for most accidents since the threshold for property damage is over $250, or there are injuries or fatalities. The police report documents that the accident occurred on this particular date and will also have key details that can be used in your case. For example, the officer may have written the other driver a ticket for speeding, which would show they breached their duty to drive safely.
Document the Scene
Documentation is essential for your claim and will require you to document everything from your injuries to the damage done to your vehicle. Take photos and videos if you can, and make sure you get contact information for any witnesses who stopped to help.
Seek Immediate Medical Treatment
You can’t claim you were injured and seek money for those injuries without documentation. It stands to reason that if you’re hurt, you will go to the hospital, urgent care center, or your doctor immediately after the accident. Follow everything the doctors advise for your care by keeping follow-up appointments, seeing specialists, and taking the full course of prescribed medications.
Sit Down for a Free Case Review with a Lawyer
All car accident victims should take a moment to find a reputable law firm where attorneys can schedule a free initial consultation. This no-cost session will help you determine if you have a valid case and can give you an idea as to how long it may take to settle.
If your claim is going nowhere, a lawsuit may be in the cards, and you shouldn’t face the potential of going to court without a legal team standing behind you. The insurance company will be represented by its attorneys, and choosing a law firm allows you to level the playing field.
Attorneys know how to calculate your damages and issue a demand package to get you what you deserve. They also know how to handle the common obstacles that can arise in these scenarios.
Common Challenges Faced During Car Accident Settlements and How to Mitigate Them
Before you can settle a car accident case in Alabama, there will be many challenges ahead. The biggest one from the start will be the issue of liability and contributory negligence. It only gets more complicated when there are multiple parties involved, especially if any of those parties is a commercial or government entity.
There may also be issues as you try to recover from your injuries. Your doctors may discover additional injuries in the course of treating you, which can cause the amount you need to settle for to increase.
Let’s not forget the tactics that are thrown in by the insurers. Attorneys know these tricks, which often start with adjusters reassuring crash victims that they don’t need a lawyer to settle their claim. Unfortunately, many injured victims believe it and then accept a check that doesn’t cover their losses. Once you sign for your settlement, you can’t go back and seek more for the same accident. Alternatively, the insurer may also deny your claim and refuse to settle, citing that it was your fault rather than their own policyholder.
Ultimately, the best thing you can do is speak to a lawyer about your circumstances and learn more about the options you have. You may be worried about going to court, and while that’s a possibility, it’s more likely your case will settle.
To find out more about how long it may take you to get your settlement, contact Hedge Copeland, P.C. We offer free consultations and work to achieve fair and timely settlements without unnecessary delays.
