How long does it take to resolve a car accident claim in California? On average, from the time a lawsuit is filed and served, it will take approximately 2 months to get the initial response from the defendants’ insurance attorneys. Then the discovery process begins and how long it goes on for will depend on the severity of the injury. Often, the unfortunate reality is the more serious the injury the more likely the insurance company will not offer fair compensation unless they are looking at a trial date and the threat of a jury deciding the compensation amount (at which point they are more likely to settle to avoid a trial). By this point you’re looking at on average between 8-16 months. If the case does go to trial it will likely occur 1-2 years after the original accident date.
It should be noted, the time period to settle a car accident injury case can vary significantly, depending on various factors. You and your lawyer may have some control over these factors, while others may be within the influence of the insurance company, the court system and recent delays created by the covid related court shutdowns in 2020 till very recently.
The Settlement Process for a Car Accident Injury Claim
The settlement process usually begins with a demand letter that sets forth your claims. Negotiations will happen throughout the entire claims process. Exhaustive settlement negotiations will often begin before a case is goes to trial.
If your case does go to trial, it will usually take place more than a year after your accident. It may be close to two years in some cases. The trial may take somewhere between a few days to 3 or 4 weeks. It should be noted that a trial is not a normal occurrence and a majority of cases settle before trial.
How long does it take to get a settlement offer from a car accident?
Personal injury cases including car accident injury claims, motorcycle accident injury claims and truck accident injury claims can take time. There is no reliable way to determine how long a settlement process will be. Several factors including the condition of the injured plaintiff and the ongoing need for care, along with the time needed to determine the current cost and those anticipated for the future will take time to determine. It is very important that your attorney get all the necessary medical records and bills so that they can make a reasonable and fair demand for you. Once you have an attorney, however, your chances of getting a fair settlement without the need to go to trial is higher.
The federal Bureau of Justice Statistics found that only three percent of personal injury cases actually go to trial. It also showed that car accident cases tend to resolve faster (nearly all in less than 14 months) than other types of tort cases.
Some cases will settle more quickly. Some cases will be fought in court when one party is unhappy with what the other party is offering. How long a settlement case takes usually depends on the facts of the case. An experienced personal injury lawyer can provide an accurate assessment for when your settlement will be finalized.
Hiring a personal injury attorney can help speed up recovery
Insurance providers will do everything they can to keep you from getting a full and fair settlement. Hiring a personal injury lawyer can help you through the stressful settlement process and speed up your financial recovery.
In San Diego, Hamparyan Personal Injury Lawyers will help maximize the compensation you receive. Call our office at (619) 550-1355 to request a free consultation.