If you were injured in a car accident that was someone else’s fault, you may be anxious to settle your case so you can get the money you need to pay your medical bills and make up for your lost income. You might wonder how long it will take for you to recover your settlement. However, it’s difficult for even the most experienced and knowledgeable Philadelphia car accident lawyer to give you an accurate estimate of how long your case might take.
This is because every car accident case is unique. Some cases may settle within a few months, while others might drag on for a year or more. The individual circumstances involved in your case will play a large part in determining how long your personal injury case may take to settle.
While it is understandable that you want to resolve your insurance claim as quickly as possible, it’s crucial that you don’t rush through your claim and settle for less than you deserve. An experienced car accident lawyer from Cousin Benny Personal Injury can help expedite your claim without sacrificing the value of your claim. Contact us today for a free consultation.
Stages in a Car Accident Claim
To get a better understanding of how long your personal injury case might take, it is critical to recognize the various stages involved, which may include:
Investigate the Accident
Since Pennsylvania is an at-fault state for car accidents, it is critical to your case to be able to prove that the other driver was responsible for your injuries. The insurance adjuster assigned to your case and your personal injury lawyer may conduct a claim investigation consisting of:
- Reviewing police reports and witness statements
- Analyzing crash scene photographs and physical evidence
- Requesting traffic cam footage
- Working with accident reconstruction experts
The insurance company will likely want to deny responsibility, while your lawyer will want to show that the other driver was at fault. This difference in objectives can
Receive Medical Treatment
Seek medical attention immediately after the accident and follow your doctor’s treatment advice.
Calculate Your Damages
Your personal injury attorney will prepare a detailed damages claim that sets out the various losses that you have incurred or are likely to incur due to the auto crash. This will include economic damages, such as medical expenses, lost wages, and property repairs.
Whether or not you can include pain and suffering and other non-economic damages with your personal injury claim will depend on whether you have full tort or limited tort insurance. Full tort insurance allows you to seek compensation for pain and suffering, but limited tort insurance restricts this right unless you have suffered a serious injury as defined by Pennsylvania law or an exception to the limited tort restrictions applies.
Prepare a Demand Package
Your Pennsylvania injury lawyer prepares a demand letter that sets out key information about your insurance claim, including:
- Specifics about the auto accident, including the date, time, and location
- How the accident happened
- Negligence laws relevant to the case that show why the insured was responsible for the crash
- Details about the severe injuries that you have suffered and medical documentation to support them
- How much compensation your personal injury claim is requesting to settle your case
Negotiate with the Insurance Company
Your car accident lawyer will likely engage in settlement negotiations with the insurance company. The insurance company wants to limit the amount it pays for your claim, while your attorney wants to secure maximum compensation. They may go back and forth several times before they reach an agreeable settlement amount.
Settle
Once there is an amicable verbal settlement offer, the parties will create a written settlement agreement. This will include a release of liability, prohibiting you from later demanding any additional compensation. After you and the insurance company’s representative sign off on the agreement, you will receive the settlement check.
File a Lawsuit
If the insurance company does not agree to a reasonable settlement, injured drivers and passengers can file a personal injury lawsuit to demand compensation for their damages. A lawsuit sets out the facts of the case, that the court is the proper venue, and the damages that you are seeking. You must file a lawsuit before the statute of limitations expires to prevent your case from being dismissed as untimely.
If a lawsuit is necessary, other steps will follow. However, you can still settle your case at any point during the litigation process.
Stages in the Legal Process When the Case May Settle
Though a settlement can happen at any point, the most common times that personal injury cases settle are:
After a Claim Investigation
After you complete claim forms notifying the insurance company of the accident, an insurance adjuster will be assigned to the case. The adjuster may review evidence, including police reports, medical records, your statements, the insured’s statements, and witness statements. If there are no liability issues, the insurance company may offer a settlement. This could effectively decrease settlement timelines to a mere few weeks or months.
However, if you receive an unsolicited offer to settle your claim, this is not always a good thing. Insurance companies like to offer quick settlements before accident victims have an opportunity to consult with knowledgeable Pennsylvania personal injury attorneys who can better assess the true value of the claim. They hope to minimize payouts to protect their hefty profit margins.
During Settlement Negotiations
Many cases are settled before the trial stage. Pennsylvania personal injury lawyers can often negotiate fair settlements with insurance companies, eliminating the need and expense of going to trial.
After Filing a Lawsuit
If the insurance company doesn’t offer a fair settlement, your car accident lawyer might show they are serious by filing suit. The insurance company or defendant may agree to a settlement after this step, fearing that they will be responsible for paying more damages after a trial than they could settle the case for.
During the Discovery Phase
Discovery is the legal process of exchanging information in preparation for trial. The parties and their attorneys gather and exchange information and evidence that they plan on introducing at trial. After this phase, they are in a better position to anticipate what a trial would look like and the strengths and weaknesses of their case.
After Legal Motions
Pennsylvania personal injury lawyers may file various legal motions, and the claim might settle after the motions are ruled on. For example, the defense may agree to settle the case if their motion to dismiss the case or summary judgment is denied.
During Settlement Conferences
Pennsylvania courts often encourage parties involved in civil cases to settle the case to avoid clogging the court system. They may schedule settlement conferences to achieve this objective.
In Mediation
The court may order, or the parties might agree, to mediation. During mediation, a neutral third party tries to get the parties to avoid litigation and agree to an amicable resolution of the case. If the parties reach a settlement, they present the settlement agreement to the court and ask that the case be dismissed. Mediation can sometimes speed up settlement timelines.
On the Eve of Trial
The parties can agree to settle the case at any point, even on the courtroom steps immediately before trial. Some cases even settle after this point.
Factors That Affect the Settlement Timeline
Various factors can affect case timelines, including:
The Severity of Injuries
Cases involving more serious injuries tend to take longer than cases involving minor injuries. This is for several reasons, including:
- It will take longer to reach MMI.
- Various medical evaluations may be necessary to understand the full extent of the injuries.
- Permanent conditions may require the help of expert witnesses, including medical and economic experts who can explain your future needs.
- More severe injuries tend to result in higher awards, and insurance companies fight tooth and nail to reduce or eliminate payouts.
So, if you or a loved one suffered a traumatic brain injury or paralysis, you can expect the case to take longer to resolve than if it only involved minor injuries.
Disputed Fault
Liability disputes can also increase case timelines. If multiple parties are involved, a longer investigation and accident reconstruction experts may be necessary. This can increase the time it takes to resolve your case.
Likewise, if the insurance company tries to blame you for the accident, the case may take longer to resolve. Pennsylvania uses a modified comparative negligence system that precludes you from recovering any compensation if you were more at fault for the accident than the other driver. The insurance company might try to push your degree of fault past this threshold to deny your claim. If that’s not possible, it may try to assign as much blame to you as possible, as your financial recovery is reduced by your degree of fault under the modified comparative negligence rule.
Complex Legal Issues
If complex legal issues are involved, such as if a defective product or a negligent roadway design contributed to the accident, the case will usually take longer.
The Insurance Company Involved
All insurance companies work a little differently. Insurance carriers may have internal policies that dictate how much time their adjusters have to resolve a claim. Others might encourage adjusters to drag out claims so that the victim gets frustrated and abandons their claim. The insurance company’s cooperation in reaching a fair outcome can directly impact your case’s timeline.
Whether There is a Lawsuit
If your personal injury attorney has to file a lawsuit, the case timeline can be significantly increased. Likewise, if your case goes to trial, extra steps are involved, so the case can take longer than a year to make its way through the court system.
The Court Involved
The venue where your case is heard can impact your case timeline. Each court has its own court schedule and method of working through cases.
Whether You Have Legal Representation
An experienced attorney can help expedite the process. They can address any insurance issues, employ a negotiation strategy that has proven successful in other cases, and funnel information through the settlement process.
Ways That You Can Speed Up Settlement
While you don’t want to take any action that might leave money on the table, there are ways that you may be able to speed up the case timeline without sacrificing the personal injury damages you deserve, such as:
- Gathering evidence, including accident reports, witness statements, and medical records
- Keeping an organized folder of all communications from the insurance company and your evidence
- Seeking immediate medical attention and following all of your doctor’s orders
- Hiring an experienced attorney who can handle settlement negotiations on your behalf
- Returning your attorney’s calls and requests for information quickly
Contact Our Experienced Legal Team for Help with Your Car Accident Case
If you were injured due to someone else’s negligence, it’s only fair that you are compensated for your losses without delay. However, irresponsible parties often try to escape paying what they owe, but our experienced personal injury attorneys can aggressively pursue maximum compensation. We use our in-depth legal knowledge, extensive experience handling car accident claims, and strong negotiation skills to fight for what is right. Contact us today for a free, no-obligation consultation.