How Long Will My Car Accident Lawsuit Take to Settle?

How long will my car accident lawsuit take to settle? It could take just a few months to settle your claim, or it could take several years, depending on the severity of your injuries and losses as well as the evidence available. 

This is why you should speak with a New Orleans car accident lawyer today and go over the details of your particular case.

Factors that Contribute to the Length of a Car Accident Lawsuit

There is no promise of a specific time frame for a car accident claim or lawsuit to occur, and every case is different based on numerous factors. In an ideal world, you could simply file a claim for the losses you have and receive payment, but that does not work in most situations, especially when there are substantial losses present. 

Some of the key factors that contribute to the length of time it takes for a car accident lawsuit include:

• The complexity of your case: If your case is not clear cut in terms of liability or what your losses are, that could extend the length of time it takes to process your case
• The type of injuries you have: The type and severity of injuries can play a role, especially in situations where it may take some time to learn how well you will or will not recover.
• The damages you are seeking: The more significant your damages are, the more likely it is that insurance companies will be more thorough and work to reduce your claim through evidence-building.
• The people involved: If you are dealing with just a single other driver, it may take less time than in situations where multiple drivers are present or when you are trying to recover damages from a trucking company or government office.
• Whether you navigate the legal process well: There are numerous steps you have to take, as the victim, to recover damages fairly in your case. If you do not have experience in the legal processes, that could lead to overall delays.

These are just a few of the factors that contribute to the length of time it takes for a car accident case to settle in some situations. 

In a simple claim without long-term injury and loss, expect to see a recovery of your damages within a few months. In more complex cases, especially when your case goes to court, it can take much longer for you to recover the damages owed in your case, and our FAQs explain this possibility.

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Understanding the Car Accident Lawsuit Timeline

Understanding the process of how long it will take your car accident lawsuit to settle under RS 23: 1209 for your losses may also help you learn what your legal rights are, as well as what to expect in terms of how long the process can take. 

The following is an example of the process, but it may take substantially longer for you to navigate these areas. Keep the following timeline in mind as you take action to file a claim for your losses.

• You file a claim. The first step is for you to file a claim with the at-fault insurance company or party for the losses you have. At this point, you need to know what all of your losses are, and you should have a clear idea of what you expect to receive in return. Note that your initial notification of your accident to the insurance company is not a claim, and oftentimes, you do not know what your losses are just yet. This is an indication to the insurance company about the losses experienced.
• Investigation. The next step involves the insurance company or the attorney for the at-fault party to investigate your case and the claim. They will look at liability as well as the value of the damages you are claiming. Most often, there will be some pushback over these claims. That is normal and expected.
• Treatment. During this process, you need to work on your treatment, including going to all of your doctor’s appointments and working to recover as directed. You may need to delay filing a claim until you know the extent of your injuries and losses.
• Demand. Once you are at the point where you know what your losses are, you will file a formal demand letter with the at-fault party to tell them what they should be paying. At this point, you know your losses. Your attorney may work with your insurance company to negotiate fair terms if that is possible.
• Settlement reached. Most of the time, your car accident claim leads to a settlement. This process, though, can take weeks to months, depending on how hard it is to agree with the insurance company.
• Disbursement. Once you reach an agreement, you can then expect the at-fault party to pay you. Generally, the payments are made to all lien holders, such as medical providers and your attorney, and then you receive the compensation owed to you.

In the event that the insurance company does not agree to a settlement that you believe is fair, it is possible that your case will go to trial. During this process, there is a longer period for investigation, and you will face questions about the incident and the losses you have, ultimately helping the insurance company decide if it should settle with you or go to a full trial. 

If it does go to trial, a judge or jury will process your case and determine how much compensation you are owed. This will lead to a New Orleans personal injury lawyer explaining how long it will take for your car accident lawsuit to settle.

By Working with an Attorney, You Get More Clarity on the Length of Time Your Case Will Take

The length of time it will take to go from a claim to filing a lawsuit and receiving a settlement for your losses is dependent on many factors, including your ability to provide accurate evidence to substantiate your claim and, ultimately, your ability to negotiate. 

With the guidance of a legal team by your side, that process could be sped up. To learn more about how long it will take for your car accident lawsuit to settle, contact our attorneys at Scott Vicknair Injury Lawyers.