There are many factors that affect the length or duration of a car accident case. Cases that have clear liability and a well-established and understood injury usually settles in few months without any delays. Other cases are not clear at all. Most of the other cases require patience and perseverance to investigate, develop, and complete. Here are some factors that can lengthen the timing of an accident claim:
Involvement of injuries
There are often many questions surrounding the injuries. These queries and questions can keep a claim in limbo for weeks or months at a time. In the initial phase, a physician may not know the recovery period for an injury or the extent of treatments needed to bring an accident victim to maximum recovery levels. A car accident attorney should have this crucial information. This helps him to accurately outline damages for the injury.
There are certain injuries such as whiplash, chronic generalized pain, and soft-tissue injuries. These injuries can raise questions with insurance companies involved in the claim. Insurance adjustors carefully scrutinize claims involving these injuries. This is mainly because many fraudulent claims involve generalized injuries.
The extent of your injuries matter a lot. You certainly do not want to settle a car accident injury claim until you recover completely or reach a point of maximum recovery. Thus, you will know the full extent of your injuries and feel confident that you won’t face additional problems or a future surgery. Your recovery might take six months or more. This certainly adds time to your case. However, it is in your best interest to wait until you know the cost of your medical bills, lost wages, and other damages.
Co-operation from insurance companies
Insurance companies usually take their time to respond to conduct investigations and communicate with claimants. However, they need to adhere to certain time limits.
Once the insurance company makes an offer or denies a claim, the injured individual needs to decide on a path forward. A claimant might appeal a denial, accept a claim offer, or reject it and either negotiate settlement terms or file a civil claim for compensation. Communication with the insurance company is the key here. Effective communication may bring the claim closer to or further from resolution.
There are certain insurance companies that are more willing to be flexible than others when it comes to negotiating a settlement. Usually, larger insurance providers have a legal team dedicated to lowering the cost of a claim and negotiating with a plaintiff’s attorney. Insurers who are relatively smaller, may have a large volume of outstanding claims. They take longer for each claim to be addressed by an adjuster. There are other insurers who require several layers of internal review and approval by multiple parties.
Legal proceedings
In case an insurance company does not offer a fair settlement, a plaintiff might initiate the civil claims process. Most of the car accident cases and lawsuits involve a discovery period and additional out-of-court negotiations. When the two parties still cannot reach a satisfactory offer, the case is expected to go to trial. Every stage of the legal process takes extra time to complete.
Usually, cases that involve serious injuries, questionable liability, or a potentially high settlement value will take longer to successfully resolve than straightforward claims.
In case you decide to pursue a car accident injury lawsuit, there are certain steps you’ll need to take. Once the lawsuit gets filed and the other party gets 30 days to answer, the discovery phase of the case begins. This is where each side gets to ask questions in an effort to collect information from each other about the case. Depositions are taken then. The witnesses and medical providers will also be deposed. This process can be lengthy. It is then that the court will typically require mediation.
Additional time leading to a better settlement offer
Most of the seriously injured victims may need ongoing care and support for months or years after a car accident. If they decide to take the time to develop and fight for a fair settlement, it can pretty much improve a claimant’s financial stability after an accident.
Offset legal fees
Many personal injury attorneys work on a contingency fee basis. This implies that they receive a percentage of the settlement. A greater settlement benefits both claimants and attorneys involved in the case.
Level of awareness
There are certain claimants who pursue cases to raise awareness of particularly negligent driving behaviors and hold careless drivers accountable. When the lawsuit is lengthy, it can force insurance companies to follow good faith practices and prevent other drivers from making reckless driving mistakes.
Case details
When there are gaps in the documentation of the crash, the case may take longer to settle. Additionally, an accident involving a commercial trucking company, delivery truck, or other major corporation may require an extensive investigation. This adds to the overall timeline of the case.
Percentage of fault
It might be a bit tricky to establish liability in your case. So, you need to be patient throughout this process. After all, liability is a major factor in the amount you may receive in your case. A claimant’s settlement will be reduced by his percentage of fault for the accident. If a party is more than 51 percent at fault, he will not be entitled to any damages.
Things to consider prior to settling your case
Keep in mind that a settlement is only one way to conclude your case. In case you are not satisfied with the amount you are offered, you might decline the settlement and take your case to trial. When the insurer makes a strong case to the jury, you may be denied any amount at all for your injuries. If you are successful at trial, the defendant has the ability to appeal the decision, forcing you to go through the process all over again. Thus, many victims would rather accept a settlement that will provide for their losses than go to trial.
