One of the most common questions accident victims ask is, “How long will a car accident settlement take?” The typical timeframe can vary from a few months to over a year. At the Weinstein Firm, we understand the complexities of Georgia auto accident claims and are here to help you win the maximum compensation.
If you have been in a car wreck that wasn’t your fault, call our Atlanta car accident lawyers for a free case review today.
How Long Does It Take to Settle a Car Accident Claim?
The length of time it takes to resolve a car accident claim can vary widely depending on several factors. The vast majority of cases are settled out of court, which often results in a quicker resolution. If you have completed your medical treatment and the other driver accepts responsibility, a settlement could take a few months.
However, if your Georgia car accident case proceeds to trial, you should prepare for a longer wait. Trials can extend the timeline, often taking a year or more to resolve. An experienced personal injury attorney can help you understand what to expect based on your situation.
What Affects the Timeframe?
Many factors can influence how long a car accident settlement takes.
Severity of Injuries and Damages
The severity of your injuries and the extent of the damages are significant factors in determining how long it takes to settle a car accident claim.
Cases involving minor injuries and minimal property damage are typically resolved faster. Cases with severe injuries or extensive property damage usually require more thorough investigation, detailed medical records, and expert testimony.
Serious injuries often require extensive medical treatment. This can include surgeries, physical therapy, and ongoing medical care. An accident victim may be left with a permanent disability.
Your Georgia car accident lawyer must ensure a settlement offer fairly covers your medical bills, lost income, and other damages.
Recovery Time
Car accident cases generally settle after the crash victim reaches maximum medical improvement, meaning they have fully healed or their condition isn’t expected to improve more. This allows for a more accurate estimate of future medical expenses and lost wages.
If you settle too soon, you may not receive fair compensation for future medical bills and lost earning capacity.
If Multiple Parties Are Involved
The claim process can become more complicated if more than two drivers are involved or multiple victims are injured. Determining fault among multiple drivers and negotiating with several insurance companies can be time-consuming.
Personal injury attorneys understand how to navigate the complexities of multi-car accident cases.
If Liability Is Clear
Georgia follows comparative negligence law, and is considered an at-fault state. If the other driver is clearly at fault for the accident, reaching a settlement can be relatively straightforward. However, if there is a dispute over who caused the accident, the process can take longer. Additional evidence may be needed to establish liability.
Shared Fault
Cases where both drivers share fault for a car crash can take longer to resolve. Georgia has a modified comparative negligence law, meaning the injured party’s compensation can be reduced based on their percentage of fault.
Disagreements over the drivers’ share of responsibility for the accident and how much each insurance company should pay can drag out settlement negotiations.
The Car Accident Settlement Process
As a leading Georgia personal injury law firm, the Weinstein Firm can assist with every step of the legal process.
Gathering Evidence
The first step in any car accident claim is gathering evidence to support your case. This includes obtaining police reports, witness statements, and medical records.
It’s important to document evidence as thoroughly as possible to build a strong case. An experienced personal injury attorney can help gather and preserve this evidence.
Filing a Car Accident Claim
The next step is to file an insurance claim. This involves submitting a demand letter that outlines the facts of the case, the injuries sustained, the medical expenses incurred, lost wages, and any other damages.
The insurance adjuster will review the claim and determine whether to accept or deny it. The initial claim review by the insurance company can take anywhere from a few weeks to several months, depending on the complexity of the case.
Negotiating with the Insurance Company
After filing your claim, the negotiation process begins. The insurance company may offer a settlement, and your car accident lawyer will negotiate on your behalf to seek compensation that reflects the true value of your claim.
This stage can be lengthy, especially if the insurance company initially offers a low settlement. It’s essential to have an experienced personal injury attorney advocate for your interests.
Filing a Lawsuit
If a fair settlement cannot be reached through negotiation, your legal team may recommend filing a lawsuit. This begins the litigation process and can extend the time it takes to resolve your claim. Once a lawsuit is filed, both parties will engage in a discovery period, where they exchange evidence and gather additional information about the case.
Discovery and Preparing for Trial
The discovery period is a critical phase in a car accident case. During this time, both parties gather additional evidence, take depositions, and build their case for trial. This phase can take several months, depending on the complexity of the case and the amount of evidence involved.
It’s not usual for lawsuits to be settled during the discovery stage. If the case does not settle, it will proceed to trial, which can take even longer depending on the court’s schedule and the specifics of the case.
How Long Do I Have to File a Car Accident Case in Georgia?
In Georgia, there is a specific deadline for filing a personal injury case, known as the statute of limitations. Car accident victims typically have two years from the accident to file a personal injury claim. If you miss the deadline, you lose the right to recover compensation in a lawsuit.
It’s crucial to talk with a personal injury lawyer as soon as possible after a car accident. An experienced attorney can help ensure that your claim is filed on time and that all necessary documentation is prepared correctly.
Contact the Weinstein Firm for a Free Consultation Today
Car accidents can leave victims dealing with serious injuries, medical bills, lost income, and other unexpected challenges. Insurance companies strive to limit car accident settlements, so it’s crucial to have a skilled attorney on your side.
At the Weinstein Firm, our experienced Georgia car accident lawyers are here to help you win the financial compensation you deserve. Our law firm has recovered millions of dollars for clients. Call 770-HELP-NOW or fill out our contact form for a free, no-obligation consultation.