“How long does a car accident settlement take?”—is an open-ended question that is impossible to answer precisely because each case is unique. Many matters influence the timeline, affecting the settlement of a car accident. However, an experienced car accident lawyer may be able to expedite the process.
If you suffered an injury or lost a family member to wrongful death in a car accident, consult a car accident attorney in Athens immediately. They will advise you on your legal rights, including the right to financial compensation.
Car Accident Settlement Timeline
Motor vehicle accidents, such as auto, truck, motorcycle, e-scooter, boat, and aviation, generally follow an accident settlement timeline process:
- Filing Insurance Claim: An injured party starts by filing an insurance claim for the liable party or parties at fault for the car accident. An attorney should always file a claim when injuries are involved. Filing an insurance claim differs from filing a lawsuit, which only occurs if they refuse fair settlement.
- Investigation Into Accident: A comprehensive investigation includes gathering evidence, interviewing witnesses, reconstructing the accident scene, and determining damages.
- Medical Treatment and Recovery: The medical treatment and rehabilitation for every accident victim differs but can range between a few weeks and several years, depending on the severity of the injuries. In most cases, treatment needs to be completed before settling.
- Demand and Negotiation: Once the investigation process is complete and your attorney has calculated the damages, they will send a demand letter to the insurance company or companies liable. Then, negotiations begin and may extend a few rounds before settling.
- Settlement Agreement: If your lawyer and the insurer(s) reach an agreement, they will draft legal documents and releases defining the settlement terms. After they’ve been duly witnessed and signed, funds will be disbursed.
- Disbursement of Funds: After disbursement, allocated funds are distributed to the injured claimant, car accident lawyers, medical providers, or other entities with any lien on the claim.
Most car accident claims are settled outside of court. However, if your attorney and liable parties cannot agree, your case will proceed to trial, where you will receive full legal representation of your claim.
Factors That May Influence How Long a Car Accident Settlement Takes
Many factors surrounding the complexity of your case may influence how long a car accident settlement takes. Your lawyer can better estimate your possible timeline after evaluating the circumstances and damages of your case.
Determining Liability
Determining liability can be complicated, especially when accidents involve multiple victims and liable parties. It involves working with multiple insurance companies to determine who is responsible for what damages.
This can slow down the car accident settlement process because they want to refrain from surrendering funds from their company’s pockets and because there is an opportunity to negate the liability to other parties.
Severity of Injuries and Length of Medical Treatment
The severity of injuries a victim sustains in a car accident directly impacts the settlement timeline.
Minor car accident injuries, requiring shorter periods of medical and rehabilitation treatment, settle more quickly because of minimal damages and limited pain and suffering.
Victims suffering severe injuries or permanent disabilities requiring ongoing medical and rehabilitative services can expect longer settlement times. Your attorney will determine all future medical and rehabilitation costs before making a demand.
Insurance Company Conduct
How the liable insurance company or companies conduct themselves significantly affects how long a car accident settlement takes. Employing tactics to delay a claim, refusing to agree on settlement terms, or wanting to go to trial are all ways insurance companies influence how long a car accident settlement may take to settle.
Liens Demanding Payment for Outstanding Debts
Only a few parties may place liens on a car accident claim, slowing down the time it takes to settle. These parties include medical providers, health insurance companies, government-based benefit providers (Medicare and Medicaid), and attorneys.
Once the funds for any liens are distributed, the injured party receives their settlement check.
How Can I Speed Up the Car Accident Settlement Process?
While things like necessary medical and rehabilitation treatment need to be completed before settling a car accident claim, you can do a few things that may speed up the process.
Hire a Car Accident Lawyer
Retaining an experienced car accident attorney will benefit from processing your car accident settlement, primarily because they can advise you on when you should settle.
A lawyer also knows what steps to take to expedite your claim if it falls under one that can be expedited. Speak with a car accident lawyer about the circumstances of your case to determine eligibility.
Gather Necessary Documentation and Records
Gathering all the necessary documentation to calculate your damages correctly helps keep it organized and on file with your attorney.
Bring any documentation you have to your free consultation, such as:
- The police report from your accident
- Medical records and bills relating to your injuries
- Witness statements and contact information
- Insurance cards and policy information
Your lawyer will help gather any documentation you do not have at your consultation. For example, they may have you sign documentation, like a HIPAA Authorization Form, which gives them access to your medical records. It also allows your healthcare provider to share your medical information with them.
Avoid Speaking to Insurance Companies
Avoid talking to the insurance companies without the mediation of a car accident attorney. An insurance adjuster’s job is to save the company money by minimizing payouts and attempting to get injured victims to make statements they can use to deny claims.
Some shady ways insurance companies operate involve:
- Recorded Statements: Asking for a recorded statement to secure evidence of any statements that can be used to delay or deny your car accident claim. The insurance company will search for inconsistencies by comparing your statement against what you stated in evidence, such as police and witness reports. You are not required to provide a recorded statement and should always refer insurers to your lawyer.
- Calculated Questioning: Asking a series of leading questions or making statements to manipulate you into downplaying the severity of your injuries or accepting blame. They may sound friendly. However, adjusters only ask how you’re feeling after the accident so they can find statements they can use to downplay your injuries and delay or deny your claim.
- Injury Descriptions: Asking about your injuries after the crash and how you feel now is their way of getting you to say something incriminating, which they can use to reject liability. For example, if you say you don’t have any noticeable pain or felt alright after an accident before the full impact of the crash hit you, they’ll manipulate the evidence to suggest you aren’t injured.
- Delaying Claims: Delaying the claims process with the intent of exhausting your patience so that you will accept a lower settlement due to frustration —fear of negotiating or of them denying the claim.
If you have already provided a recorded statement for the liable insurance company, contact a car accident lawyer to discuss what you should do next. They can better inform you about expediting your claim after learning the circumstances of your case.
Avoid Posting on Social Media
As natural as it may feel for you to update your social media about your car accident and injuries —don’t. It can prove detrimental to your case in many ways, such as:
- Posts can easily be misunderstood or misinterpreted to suggest you’re not as injured as you claim (especially photos and check-ins)
- The comments in the post can be twisted and used against you to dismiss liability
- During the discovery process of a suit, opposing counsel can request to see your posts (even when private profile)
Car accident injury victims should take several precautions in managing their social media accounts after a car accident, including:
- Settings all accounts to private and requiring your approval for tagging
- Denying all new friend and chat requests
- Not posting about the accident (no injury pictures or updates)
- Not posting photos or check-ins of daily life
- Ensuring family and friends don’t tag you in pictures or include any information about you in their posts
Taking the precaution to avoid posting on social media altogether after a car accident can ensure a speedier settlement by protecting your legal rights to one.
Follow Your Medical Recovery Plan
Finally, follow your medical recovery plan. You do not want to risk exacerbating your injuries. Your primary care physician will provide the necessary referrals for rehabilitation services to recover from your injuries.
Your attorney may also have referrals to doctors and rehabilitation specialists who can see you sooner and understand the car accident claim process. Having a doctor familiar with these cases may increase the value of your car accident claim.
Damages You Can Recover in a Car Accident Settlement
Car accident injury victims may receive financial compensation for various damages. Economic and non-economic are two general damage types associated with car accident settlements.
Economic Damages
Economic or special damages are monetary losses with a verifiable paper trail you can recover in a car accident insurance claim. Economic damages include medical expenses, rehabilitation costs, professional and property damages, household services, and any out-of-pocket expenses related to the accident.
Medical Expenses
All medical costs associated with your car accident are recoverable economic damages in your claim.
Some standard medical costs incurred include:
- Emergency room and ambulance services
- Hospitalization
- Primary care evaluation and follow-up costs
- Prescription medication costs
- Medical devices and equipment
- Home mobility and transportation modifications for injury-caused disabilities
Travel expenses to and from your medical and specialist appointments are recoverable damages in your car accident claim. Document the mileage, gas, and any overnight hotel accommodations necessary to see rehabilitation providers outside your local area.
Rehabilitation Costs
Rehabilitation services for car accidents vary depending on the nature and severity of injuries.
Car accident-related rehabilitation services may include:
- Physical therapy
- Chiropractic care
- Occupational therapy
- Speech therapy
- Recreational therapy
- Massage
Arts and music therapy and acupuncture are two less traditional forms of rehabilitative therapy that may also be compensable damages in a car accident settlement. Speak with your attorney to discuss any restrictions in your state.
Professional Damages
Professional damages are any losses in income resulting from your car accident injuries.
These damages involve:
- Lost income or salary
- Loss bonuses and commissions
- Loss of benefits (health, retirement, pension)
- Loss of promotion opportunities
Diminished earning capacity may be professional damage recovered when life-changing injuries and disabilities limit or prevent you from returning to work. Factors considered for that figure include age, occupation, projected career trajectory (including promotions), and health before the accident.
Property Damages
Property damages involve any vehicle damage or damage caused to personal property inside the car that was damaged or destroyed in the accident. Items typically include cell phones, computers, car safety seats, and portable electronic devices, like tablets and video games.
Household Services
Car accident victims whose injuries prohibit them from performing daily tasks, such as cleaning, cooking, home maintenance, and childcare, may recover compensation for hiring outside services. Give receipts and service invoices to your attorney to ensure they are settled.
Non-Economic Damages
Non-economic or general damages are the intangible losses a victim suffers after a car accident. They are more difficult to quantify and challenging to prove without proper documentation.
Standard non-economic damages associated with car accident injury victims are:
- Pain and suffering
- Mental anguish and emotional distress
- Disabilities
- Impairments or disfigurement
- Worsening of existing injuries
- Depression
- Anxiety
- Post-traumatic stress disorder (PTSD)
- Decreased quality of life
Some injured parties experience a fear of driving (vehophobia) after surviving a car accident, which, while less common, is another non-economic damage your lawyer may value in your claim.
Wrongful Death Damages
Families who have endured the loss of a loved one in a car accident resulting in their wrongful death may recover compensation for many of the same damages as a living survivor.
However, they may also secure compensation for:
- Loss of companionship
- Loss of protection
- Loss of intimacy and spousal relations
- Loss of shared activities
- Loss of household support
- Loss of financial support
- Loss of training and guidance (for the deceased loved one’s children)
Keeping an injury or wrongful death journal to record non-economic damages is one of the most helpful tools for adequately documenting and proving these losses. The more detailed the entries about pain levels, loss of ability to perform daily tasks, and any other changes in everyday life, the better.
Schedule a Free Consultation With a Car Accident Attorney Today
There are statutes of limitations and other legal deadlines attached to car accident settlement claims. Consult a personal injury lawyer in Athens immediately to discuss your legal rights, including the one to recover financial compensation.