How Long does a Car Accident Claim Take to Settle?

You have the right to file a personal injury claim for compensation if you get hurt in an auto accident that isn’t your fault. But you may wonder how long it takes for your car accident claim to settle. The answer depends on the case, but it can take anywhere from a few months to several years.

That timeline can seem unreasonable when you have pressing medical bills and property damage to address. Fortunately, an Atlanta car accident lawyer can help you reduce the time it takes to settle your claim. The legal team with John Foy & Associates can review the facts of your case and offer legal advice as you fight to bring your losses to a judge’s attention. 

Call us today, and we can help you hold an at-fault driver responsible for your losses.

You Must Submit All Your Medical Documentation Before Your Case Can Settle

To have the best idea of how much you, as an accident victim, deserve in damages, your attorney must have all your relevant medical documentation. This is not negotiable. Once an Atlanta personal injury lawyer has all your records, including medical bills and receipts for prescriptions and care, only then can they determine what compensation you may demand from an at-fault party.

Medical records also prove the extent of your injuries. If you claim to have a severe injury but don’t have the documentation to back it up, you may receive less than you’re entitled to or could be denied a damages award entirely.

Other Factors that Contribute to Your Settlement Timeline

Additional facts that can influence how fast your car accident claim settles include:

• Issues with determining and proving liability
• The extent of your injuries and other damages
• The medical treatments needed to restore your previous quality of life
• The quality and quantity of evidence of your damages
• How soon the provider responds to your claim
• The amount of settlement negotiation involved
• Whether or not you hire an experienced car accident lawyer

Working with personal injury lawyers after a motor vehicle accident tends to expedite the process through which you can reach a settlement agreement with a liable party. You can reach out to our team shortly after your crash to arrange a free case evaluation with our team.

We can assess the negligence that led to your accident before estimating the value of fair compensation.

Complications that Can Affect When Your Case Settles

The time it takes your case to settle could be longer if certain factors exist that could complicate matters. Some of these factors can include:

• A more severe personal injury with an uncertain projected treatment plan and recovery
• Little to no proof of liability
• The wrongful death of a loved one
• Multiple negligent parties, such as a truck driver and their employer

If any of these factors apply to your case, seriously consider hiring an attorney to help you. Not only will it help your case progress more smoothly, but it will ensure you did not leave any damages out of your claim to which you would otherwise be entitled.

How do You Determine and Prove Liability?

If a driver’s negligence led to your accident and injuries, they are likely liable for your damages. However, sometimes liability is challenging to prove. Liable parties may also argue against accusations of fault, making the question of who’s to blame for your accident all the more complicated.

The first step you and an experienced attorney can take to establish auto accident liability is to return to an accident scene. There, you can find debris and video footage depicting your accident. You can then reach out to bystanders for witness testimony. Our law firm can additionally call on expert witnesses so that they can contribute their expertise or documents, like police reports, to your case.

Proving car accident liability helps you meet the state’s burden of proof, thereby making it easier to win a reasonable settlement offer from a relevant insurance provider.

If you don’t have the evidence you need to demand a fair accident settlement, your claims process may slow to a crawl. Fortunately, our experienced car accident attorneys can expedite your financial recovery with consummate investigative services.

Determining Compensation for Your Injuries from the Car Accident

The details surrounding injuries can also play a large role in how long a car accident claim takes to settle.

If you have serious injuries that you are still receiving treatment for, it may take weeks or even months to fully calculate what your medical damages will be. It might take a while for your doctor to determine how long your recovery will take or how extensive your treatment will be. Your lawyer will need to know this information will account for all your damages in your claim.

Less-specific injury claims can also slow down the process. If you have soft-tissue injuries, such as whiplash or generalized pain, the insurance company may raise a red flag and require additional information, as these types of injuries are often used in fraudulent claims.

Maximum Medical Improvement (MMI)

Maximum medical improvement (MMI) is the point at which your condition has improved as fully as it is expected to, even if you were to receive further treatment.

It’s best to wait until you have reached MMI before settling your case. Otherwise, you and your lawyer won’t be able to put the most accurate value on your damages. If you try to settle before reaching MMI, you won’t be compensated for any additional losses you face from your car accident injuries in the future.

An Expert Can Help You Prove Your Damages Were Related to Another’s Negligence

Sometimes, an injury victim’s doctor will have trouble determining if their injuries were truly caused by negligence in the accident. If this happens, you can bet the provider will use it as a reason to deny compensation for those damages.

You will need to look for a doctor who can testify that the other driver’s negligence caused your injuries. This takes extra time and can increase the time needed to reach a fair settlement.

The Insurance Company Can Take Forever to Respond

Insurance companies may take their time responding to your claim, which is frustrating and will make the case last longer. An insurer might delay responding because they hope you will get tired of waiting and drop the case. Or, if you have a lot of damages, they might take extra time to investigate every detail of liability and damages.

Settlement Deadlines

That being said, insurance companies in Georgia do have strict deadlines on personal injury claims. They have:

• Fifteen days to acknowledge they received a claim.
• Fifteen days after the filing of the claim to send proof of loss (with instructions for filling it out).
• Fifteen days to accept or deny a claim after receiving the Proof of Loss.
• Sixty days from the notice of the claim to make a final decision to accept or deny a claim. (This is the maximum amount of time the insurer has to make a decision.)
• Ten days from when they notify you that they have accepted your claim to pay.

When to Negotiate and When to File a Lawsuit

Once the provider has either accepted your claim and made you an offer or denied your claim, you must decide how to proceed. You can either:

• Accept a claim offer
• Appeal a claim denial
• Reject the offer and negotiate for a higher settlement
• Or reject the offer and file a civil lawsuit for compensation

Consult with a car accident lawyer before moving forward at this step. They can help you weigh the pros and cons of each and discuss what is best for you.

Obviously, accepting a claim offer will settle your case the fastest. However, it’s not worth it if the offer is far below what you need to recover your damages. If you appeal or begin negotiating for a higher settlement, the claim will take longer. And if you file a civil suit in court, the process will take even longer.

Phases of a Car Accident Lawsuit

If you and your lawyer decide to proceed to civil court, you will need to do a lot of preparation for the various stages:

• Sending a demand letter
• Discovery
• Pre-trial
• Trial
• Post-trial

There are further opportunities before trial to reach a satisfactory agreement for both parties, but if that doesn’t happen, the case will go to trial. This can take anywhere from several months to up to several years, depending on the details of your case.

How Long It Takes to Get Your Settlement Check Can Vary

If you and the insurance company can agree on a fair settlement, the process of receiving your check typically takes around four to six weeks.

The provider will have you sign a release form. This officially settles the claim and states that you are giving up any right to sue the driver or another party who caused your injuries.

Once you send the release and the insurance company receives it, they will pay the amount of money you agreed on. This is usually sent as a check to your car accident lawyer. After lawyer fees have been deducted, you will receive the remaining balance as a check from your lawyer.

Get a Free Consultation with a Georgia Car Accident Attorney Today

Need help with your car accident claim? At John Foy & Associates, we can help! Our experienced and compassionate car accident lawyers will represent you through every step of the process.

Based on the specifics of your case, it can also help you get a good idea of how long your claim may take to settle. Contact us today to discuss the details with a FREE consultation.