How Long Does a Car Accident Lawsuit Take to Settle?

After enduring critical injuries in a motor vehicle wreck, it makes sense that you would want to know how long it might take for your lawsuit to settle. The truth is not always clear. There are far too many factors that play a part in determining the length of a car accident case to offer an average timeframe.

However, when you connect with a leading Memphis car accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, you can get a comprehensive case analysis and the answers you have been looking for. When we review your car accident claim, we will have further insight into how long it may take to resolve your case. Contact our office to request a free consultation today and find out what your anticipated car accident settlement date could be.

An Overview of the Car Accident Lawsuit Settlement Process

Many car accident victims fail to move forward with their claims because they are intimidated by what they anticipate the claims process to be like. It is not uncommon for injury survivors to believe their claims could take years to resolve, if ever. However, many car accident lawsuits can be resolved sooner with help from an experienced personal injury attorney.

We understand how overwhelmed you must be feeling during this challenging time. It is our goal to help you feel empowered to bring the liable party to justice and confident in your ability to maximize your financial compensation. To start, here is a general idea of how the car accident lawsuit settlement process works:

Our Investigation

We begin by investigating the cause of your car accident. Our team can be available to meet you at the accident scene and start collecting evidence to support your case in the immediate aftermath of the wreck. Some examples of the evidence that may be most valuable include:

• Witness testimony and bystander statements
• Photos of your injuries
• Copies of your medical records
• Reports created by accident reconstructionists
• Your prognosis from your treating healthcare provider
• Photos of damage at the accident scene
• Copies of the driving history of the motorist that hit you
• Copies of the defendant’s blood alcohol concentration test results
• Testimony from medical experts
• Reports from responding officers and emergency medical technicians
• Data obtained from all involved vehicles’ black boxes

The amount of time it takes to resolve your car accident case will depend largely on the availability of evidence. If we are having trouble obtaining copies of necessary records or there have been delays in the processing of forensic evidence, it may take longer to settle your car accident claim. Alternatively, when this evidence is readily accessible, it is often easier for us to secure timely compensation for our car accident clients.

Insurance Negotiations

Once we have completed our investigation into the cause of your car accident, we will have a better idea of who is at fault and which legal options apply to your case. In most car accident cases, liable parties have insurance coverage and will be expected to compensate injury victims for their damages in full. Your car accident lawyer will need to prepare and file the insurance claim documents to secure a settlement through the at-fault party’s insurance provider.

Frequently, insurance is designed to cover your medical expenses and vehicle repair costs. However, if the insurance company pushes back or handles your claim in bad faith, it may take considerably longer for you to recover the compensation that is rightfully yours. You can rely on your personal injury attorney to continue negotiations and bad faith practices, holding insurance companies accountable for their financial obligations.

Going to Trial

Insurance settlements do not always cover every loss. If your car accident case needs to go to trial because the liable party is uninsured or insurance is insufficient, it may take longer for your case to be finalized. However, while you may have hoped to avoid going to trial, doing so is often the best way to maximize your payout, as you have the right to be made whole in civil court when another party’s negligence is the cause of your injuries and damages.

Factors That Determine How the Settlement Process Unfolds

If all goes smoothly, your car accident case could be settled in as few as several weeks or months. However, various factors could affect the settlement process and lengthen your claim. Some of the most important factors to take note of include:

Concerns Surrounding Liability

Establishing liability is essential in any car accident case. If your attorney has trouble identifying the liable party or connecting with them to file your lawsuit or insurance claim, it may extend the length of your car accident settlement process. You can also expect it to take longer if the at-fault party accuses you of sharing blame for the accident.

Witness Statements and Bystander Accounts

While you might have assumed that having many witness statements and bystander accounts can only help your case, it also can increase the amount of time it takes to settle a claim. Your attorney and the defense will need to interview each witness, which could take several months or longer. You will need to rely on your legal advocate to coordinate witness testimony so it can be presented at trial.

How Long It Takes You to Reach Maximum Medical Improvement 

If your injuries are so severe that you require continued medical treatment, it may take longer for your car accident case to settle. You do not want to risk settling for less than your claim is worse, particularly if your injuries continue to rack up medical expenses. The insurance company may attempt to make you a lump sum settlement offer in the hopes of avoiding these additional costs.

Your attorney will work tirelessly to protect you from being taken advantage of. We may recommend waiting to move forward with your case until we know what your future medical care may entail. This way, we can ensure we are accounting for every loss and doing everything possible to maximize your car accident settlement.

Let Gatti, Keltner, Bienvenu & Montesi, PLC Fight for You

Car accident cases can rapidly become complex. What could have been a quick, 2-week insurance claim could easily turn into a years-long car accident lawsuit, depending on the individual details of your case. When you have our legal team at Gatti, Keltner, Bienvenu & Montesi, PLC take on your car accident claim, you can rest easier knowing we are working tirelessly to resolve your case as quickly as possible.

The availability of evidence shared fault allegations, the extent of your injuries and damages, and many other factors can all play a part in shortening or lengthening the timeframe of your car accident case. The sooner you get started on your claim, the sooner you may access the financial compensation you deserve. Fill out our quick contact form or call us to schedule your 100% free consultation today.