Did you recently get injured in a car accident and choose to take your case to an attorney, knowing legal professionals could help you get the most out of it? Now that your attorney is handling your case, you’re likely wondering how long it will take to settle. The timeline for a personal injury lawsuit can vary, as many factors come into play. Your attorney will investigate the accident, gather evidence, and assess the severity of your damages. This process involves collaboration with professionals at auto repair shops, police departments, and any witnesses who may offer assistance.
The Initial Steps
First and foremost, it is critical that you seek medical attention and begin treatment for your injuries, and your attorney will refer you to a medical facility based on those injuries. Depending on the severity of the injuries, it may take months or even a year to complete treatment before reaching Maximum Medical Improvement (MMI), in which you have reached full potential improvement in the treatment process.
Property Damage
When a car accident occurs, there is also a property damage portion of a claim that your attorney may be able to help you with. Your car may get towed to an auto repair shop, depending on the severity of the damages. The repair shop will spend time investigating the car’s condition before reporting the necessary repair costs to the insurance companies.
A Demand Letter
Your attorney may file an insurance claim and after treatment, send a demand letter to the at-fault party’s insurance company if applicable. The attorney’s office awaits a response for up to thirty days depending on the length of the demand letter and the time it takes for an insurance adjuster to review the demand. Under California law, a time-limited demand provides thirty days to accept or deny when sent by email or fax.
The insurance company has a responsibility to acknowledge that they have received the demand within fifteen days. The insurance company has thirty days to respond to a demand letter. They may ask for more time if needed. Before deciding, they do their own investigation. An adjuster might respond with an offer right away. Or they might take the full thirty days, plus any extension, to reply. The severity of injuries, the involvement of a defense law firm, and other factors can impact how quickly the opposing party responds to the demand sent from your attorney’s office.
A demand letter contains a summary of the facts of the case, a description of your injuries, why the at-fault party is legally liable for your damages, and a dollar amount for settlement.
Negotiations
Once your attorney receives an offer, they will negotiate if the amount is too low. There is no set timeline for how long this takes. Offers may go back and forth several times. Both sides must agree before a settlement is reached. If they can’t agree, a neutral third party may step in. This is called mediation. Mediation can take more time but may help resolve the case.
Ideally, a settlement will be reached without mediation. Otherwise, your attorney may file a lawsuit which may take an additional three months or more while both sides gather their own evidence, depositions, and proceed to trial. If either party is unsatisfied with the trial outcome, they can file an appeal. After a settlement or verdict is reached, the payment will likely be issued within thirty to sixty days.
Statute of Limitations
Personal injury cases have a statute of limitations of two years from the date of injury. This means that two years is the deadline to sue another individual(s) for personal injury. This includes not only accidents, but assault, battery, negligence, etc. You typically won’t have a case standing after this deadline. Generally, your attorney will try to settle your case before the matter escalates to this level.
In summary, The timeline for a settlement depends on the case and how others respond. Filing a claim and investigating can take up to three months. Once that’s done, the demand and negotiation phase begins. This part may take six months or more. Every case is different and follows its own timeline. There’s no exact time for when a case will settle. On average, a case may settle within one year. If it doesn’t go to court, it could take up to two years.