Steps To Settling A Car Accident Case

Anyone involved in a car accident deserves to be compensated fairly and quickly. Fortunately for all involved parties, the majority of these cases will reach a settlement before you ever step foot in a courtroom. The time it takes to settle your case will depend on several steps, outlined below.

Step 1. Seek Medical Treatment

Seeking medical treatment following any sort of injury caused by an auto accident can be time consuming, but it’s always essential. Failure to do this can not only delay your recovery, it can ultimately delay your personal injury claims and lessen your settlement amount. It is crucial to follow the guidance of your physicians until you recover fully. Extensive physical therapy could be necessary, depending on the extent of your injuries. This process could take anywhere from weeks to several months.

Average Timeline: 1-12 Months.

Step 2. Case Evaluation

Following your recovery, your attorney will start to collect evidence necessary to support your damages. For instance, your attorney will review all medical bills and records, wage loss verifications, property damage estimates and any out-of-pocket expenses you might have. The amount of time it takes to gather all of this information can typically take anywhere from 2-6 months. The quicker you provide all relevant information to your attorney, the better suited they will be to accurately assess your case.

Average Timeline: 2-6 Months.

Step 3. Send A Demand Letter

After completing treatment and assessing damages, your attorney will most likely try to negotiate your claim before filing a lawsuit. Sending a demand letter is the usual first step in this process. Waiting on a response could take up to 4-6 weeks time.

Average Timeline: 4-6 Weeks.

Step 4. File Insurance Claim

If you cannot resolve the case prior to filing a court case, then your attorney will initiate a lawsuit by preparing a complaint. You will need to review and verify this complaint. It will then be filed and served on all the Defendants. The Defendants now have 20 days to file a response. Just because you file the lawsuit, though, does not mean your case will automatically get to trial. Cases can be settled at any time in this process.

Average Timeline: 2-4 Weeks.

Step 5. Move To Discovery

The pace in which your suit moves will depend on several factors, including the jurisdiction you are in. Other factors include the complexity of the legal issues and total number of Defendants involved. Discovery is a means for all involved parties to exchange information, assess any damages and establish defense strategies. Depending on the complexity of the case, this phase could take up to a year to complete.

Average Timeline: 6-12 Months.

Step 6. Mediation And Negotiation

The parties have essentially placed all their cards on the table following the discovery phase. At this time, your attorney might recommend an alternative dispute resolution mechanism like mediation or arbitration. This is a chance for everyone involved to listen to the strengths and weaknesses of their case and negotiate the next steps.

Average Timeline: 2-4 Weeks.

Step 7. Trial

Proceeding to trial after the inability to settle a case will usually take only 1-3 days.

Average Timeline: 1-3 Days.

Step 8. Settlement

Reaching a settlement is the only way to resolve a case. However, choosing to settle and signing/returning the release agreement, will result in a settlement check in an average of 30 days.

Should You Hire A Car Accident Attorney?

Following any car accident, individuals may sometimes feel confused and uneasy. One of the common questions immediately following an accident is, ‘Do I need a lawyer?’ Below are some of the many benefits of hiring a car accident attorney in Scottsdale or Phoenix.

Injuries can result from even minor auto accidents. Oftentimes, these injuries may not be noticed right away. If you’ve been involved in an auto accident that did not require any medical attention, it’s still possible for physical trauma to result in the future. An attorney can help you get all the compensation you deserve to deal with your injuries.

Car accident attorneys can conduct an initial investigation to determine who was at fault in the accident. After fault is determined, the attorney can make the best defense case possible to ensure you get the compensation you desire.

Dealing with insurance companies can be a difficult task, especially if they believe you to be at fault in the claim. Attorneys can guide you through the technical terms, giving you the confidence to deal with your insurance provider.

Source: MullerBrazil. Timeline: Auto Accident Settlements And How Long It Takes. www.mullerbrazil.com/. Retrieved March 6, 2023, from https://www.mullerbrazil.com/blog/timeline-auto-accident-settlements-and-how-long-it-takes