One of the most common questions from prospective clients is, “How long does this process take?” The answer isn’t all that simple. In our firm, the average time on desk (from the day we take the case until the day the injury claim is resolved) for settled cases is 5.5 months. When litigation cases are removed from the calculation, the average here drops to just under five months. But…these are averages. We have certain cases that settle within days or weeks due to certain factors, such as the severe nature of the injuries and the limited pool of insurance. Other cases take years to resolve due to certain factors such as prolonged litigation, trials, and appeals. So, simply put, there is no magic number. Every case and scenario is unique.
In this article, we’ll break down the personal injury process, discuss typical timelines, and set realistic expectations for a car accident injury case settlement. By delving deeper into each phase, we aim to give you the knowledge necessary to make informed decisions and confidently approach your case.
Understanding the Personal Injury Process
The personal injury process can be complex and involves several steps, each of which can impact the timeline of an accident case. Navigating these steps with clarity and preparation can significantly influence the speed and outcome of a bodily injury settlement.
Here is a chronological outline of the steps involved in a personal injury car accident case, including factors that can influence the time to resolution. Each step and factor has the potential to either prolong or expedite the case, depending on the circumstances.
1. Medical Treatment & Recovery
What Happens: The injured party seeks medical treatment for their injuries, with recovery either immediately at the scene or shortly thereafter.
Time Impact: Timely medical care is essential not only for health reasons but also for documenting injuries. Delays in seeking treatment may allow the insurance company to argue that injuries are not as severe as claimed or were caused by something other than the accident, which can prolong the case.
Expediting Factors: Prompt medical attention and comprehensive documentation (such as positive diagnostic testing showing injuries like fractures or torn ligaments) can expedite the process. Severe injuries, particularly those requiring surgery, tend to move the case faster as insurers recognize the seriousness early on.
2. Investigation and Gathering Documentation
What Happens: This process, which begins as soon as the case is opened, involves collecting police reports, witness statements, video footage, photos, medical records, and bills. It may also include gathering evidence of lost wages, vehicle damage, and other related expenses.
Time Impact: The thoroughness of this process affects how quickly the case progresses. Missing or incomplete documentation will delay negotiations. In complex cases, obtaining medical records from multiple providers or experts can take time, especially if the injured party’s treatment is ongoing.
Expediting Factors: Having all necessary documentation readily available, including high medical bills, visual evidence of injuries, documentation of wage loss, and proof of severe or life-changing injuries, can speed things up.
3. Establishing Liability
What Happens: In most accident cases, liability for the crash will be established without objections (right-of-way and rear-end accidents commonly come to mind). In some situations where fault is disputed, the investigation may be comprehensive and timely, involving crash reconstructions, witness statements, and other forms of evidence.
Time Impact: Disputes over liability can significantly prolong the case. If the insurance company contests who was at fault, it can delay settlement or lead to litigation. In addition to official reports, a lawyer might work with accident reconstruction experts to piece together what happened, especially if liability remains contested. Surveillance footage, if available, and photographs from the accident scene can also provide compelling evidence. A detailed investigation not only supports your claim but can also expedite the settlement process by reducing disputes over liability.
Expediting Factors: Clear evidence of liability speeds up this step.
4. Injury Recovery
What Happens: The injured person continues treatment until they either recover fully or reach MMI, at which point further improvement is unlikely.
Time Impact:** The time it takes to reach MMI varies depending on the injuries. Complex or long-term injuries that require surgery or ongoing treatment can delay the case.
Expediting Factors: Cases where injuries heal relatively quickly or serious injuries requiring surgery are diagnosed early may push insurers toward quicker settlements.
5. Sending a Settlement Demand
What Happens: Once enough evidence has been gathered, a personal injury lawyer will submit proof of loss (typically called a “demand”) to the insurance company. The demand will typically detail the injuries, medical expenses, lost wages, and all other damages suffered. This formal request initiates the negotiation process and sets the stage for settlement discussions.
Crafting a comprehensive and well-documented demand is crucial. It should reflect all incurred and projected accident costs, including non-economic damages like pain and suffering. A meticulously prepared claim can prevent unnecessary back-and-forth with insurance companies, speeding up the resolution process.
Time Impact: Insurers are more likely to respond quickly if the demand is comprehensive and well-supported by documentation. However, incomplete demands, lowball offers, or disputes over the amount of damages can lead to extended negotiations.
Expediting Factors: If the injuries are severe, cases where the other party has insufficient policy limits to cover the full extent of the injuries may resolve quickly. High-value claims, such as those involving catastrophic injuries, visible disfigurement, or hefty wage loss accumulation, tend to prompt faster settlements due to the insurer’s desire to avoid litigation.
6. Negotiating with the Insurance Company
What Happens: The insurance company reviews the demand and accepts, rejects, or makes a counteroffer. Insurance companies try to settle claims for as little money as possible, so this phase can involve multiple rounds of negotiation. If the insurance company tries to play games, an injury attorney typically negotiates with patience and strategy. The lawyer’s negotiation skills and understanding of the insurance company’s tactics are vital here. Although this process can be lengthy, reaching a satisfactory settlement through negotiation is often preferable to a prolonged court battle.
Time Impact: The negotiation phase can be short or long, depending on how close the parties are with valuing the claim. Lowball offers or disagreements over medical necessity or causation can prolong negotiations.
Expediting Factors: High medical bills, policy limits, punitive elements (e.g., DUI), and the risk of large jury verdicts can incentivize the insurer to offer a fair settlement quickly.
7. Filing a Lawsuit (if necessary)
What Happens: If the insurance company’s offer is insufficient, or they deny the claim, the injured party may file a lawsuit. The case then enters litigation.
Time Impact: Once in litigation, the timeline extends significantly. Pre-trial procedures like discovery, depositions, and expert witness testimonies can add months or years to the resolution process.
Expediting Factors: Filing a lawsuit can sometimes expedite a settlement if it motivates the insurance company to avoid the cost and risk of trial. Particularly strong cases involving egregious behavior by the defendant (e.g., drunk driving, reckless driving) may settle faster after the lawsuit is filed.
8. Discovery and Depositions
What Happens: Both sides exchange information and take depositions. This phase allows each party to gather further evidence, interview witnesses, and evaluate the strength of the case.
Time Impact: Discovery can be lengthy, especially if there are many witnesses or experts involved. Each side has deadlines for responding to requests for information, but disputes over evidence or delays in responses can drag the process out.
Expediting Factors: If liability and damages are straightforward, discovery may be quicker. Clear-cut cases involving severe injury or wrongdoing may lead to early settlements without extensive discovery.
9. Mediation or Settlement Conferences
What Happens: Before going to trial, many cases go to mediation, where both sides attempt to settle with the help of a neutral third party. Settlement conferences are another opportunity to resolve the case without trial.
Time Impact: Mediation or settlement conferences can resolve the case quickly or lead to further delays if both sides remain far apart in their negotiations.
Expediting Factors: Mediation may succeed when both sides see the benefits of avoiding trial, especially if the insurer is worried about large punitive damages (e.g., in cases of drunk driving or gross negligence).
10. Trial (if no settlement is reached)
What Happens: If mediation fails, the case proceeds to trial, where a judge or jury will decide.
Time Impact: Going to trial can add months or even years to the process due to court scheduling, trial preparation, and the duration of the trial itself.
Expediting Factors: Even after filing for trial, a case may settle at any point, including on the eve of trial, which can speed up the resolution.
Factors That Expedite Resolution:
Several factors can influence how quickly your car accident injury case settles. Understanding these variables can help manage expectations and guide your actions. Here are some common considerations:
1. Insurance Policy Limits: Understanding the limits of the at-fault party’s policy early on can help set realistic expectations for a settlement. A lawyer might need to pursue additional legal strategies to secure full compensation if policy limits are inadequate. If the damages exceed the policy limits, especially in catastrophic cases, the claim against the at-fault driver may settle quickly to avoid litigation. That is why establishing the at-fault party’s insurance policy limits can impact the timeline.
If your damages exceed their policy limits, a lawyer will need to explore other avenues for compensation, such as underinsured motorist coverage. This would require additional negotiations with your insurance provider.
2. Significant Injuries or Visible Damages: Injuries requiring surgery, scarring, or disfigurement can result in quicker settlements due to their obvious severity in situations with insufficient insurance coverage.
On the flip side, where there is ample coverage available, it may take longer to settle. Serious injuries often require extensive medical treatment, surgery, and long-term recovery. All these factors must be fully assessed and documented before a settlement can be reached. The complexity of medical evaluations and treatments can extend the timeline as all future medical needs must be considered. Also, severe injuries may involve multiple specialists, which can complicate the coordination of medical documentation. A lawyer will need time to compile these records into a cohesive narrative that accurately reflects the impact of your injuries on your life.
3. Prolonged Recovery: It’s important to complete your recovery before settling your case where there is sufficient insurance coverage. This ensures that all your medical expenses are accounted for. Rushing to settle before your treatment can result in inadequate compensation for future medical costs. Settling too soon might leave you responsible for unforeseen expenses related to ongoing care.
Furthermore, a complete medical recovery timeline provides a clearer picture of the long-term effects of your injuries, which is crucial for calculating fair compensation. A car accident lawyer will work closely with healthcare providers to ensure that all current and future medical costs are included in your claim.
4. Punitive Factors: Drunk driving, reckless behavior, or criminal actions can push insurers to settle to avoid the risk of their driver being exposed to a verdict for punitive damages at trial.
5. High Medical Bills or Wage Loss: Large expenses or financial losses incentivize quick settlements if insurers see that a trial could expose them to even greater costs.
A well-organized and proactive approach to these steps can significantly influence the timeline for resolving a personal injury case.
6. Cooperation of Insurance Companies
Some insurance companies are more cooperative than others. If an insurance company is unwilling to negotiate in good faith, it can delay the settlement process. In such cases, litigation may be necessary to reach a fair outcome. An attorney’s experience with particular insurers can provide insight into what to expect.
Insurance companies’ strategies and willingness to settle can vary widely. A proactive approach and skilled negotiation can sometimes overcome these hurdles, but legal action might be the only recourse to ensure a just settlement in cases of bad faith.
7. Legal Procedures and Court Schedules
The legal procedures and court schedules can add significant time if your case goes to trial. Trials, appeals, and litigation can take months or even years to resolve. Court schedules are often booked far in advance, and procedural requirements can introduce delays.
Understanding the legal system’s intricacies and preparing for potential delays can help manage expectations. A lawyer will guide you through each step, ensuring that your case progresses as efficiently as possible within the system’s constraints.
Tips for Speeding Up the Settlement Process
Gather Evidence Early
Collect as much evidence as possible immediately following the accident. This includes taking photos of the accident scene, obtaining witness statements, and keeping detailed records of your medical treatment. Early evidence collection can prevent disputes and facilitate smoother negotiations.
Prompt evidence gathering also helps preserve the integrity of the information, ensuring that it accurately reflects the circumstances of the accident. This proactive approach can significantly reduce delays in the settlement process.
Continuously Provide Damages Documentation to the Insurance Company
Our advice to lawyers: do NOT wait until the client is fully recovered to update the insurance company. Force them to build their file and increase the value of your claim with continuous updates. Receive a large bill? Make sure they get it. Have visible injuries? Send them photos. Obtain an MRI that shows a torn meniscus? Send them the imaging. Miss time from work? Send them the off-work notes and earnings history. Schedule a surgery? Send them the appointment.
More often than not, employing this strategy allows us to settle the case for the policy limits much sooner than it would have otherwise taken under traditional methods.
Stay Organized
Keep all your documents organized, including medical records, bills, photos, and correspondence. An organized approach allows quick and accurate access to necessary information and effective response to any challenges.
Maintaining a comprehensive file of all relevant documents ensures that nothing is overlooked, which can expedite the progression of your case. It also demonstrates your commitment and diligence, strengthening your position.
Communicate with Your Lawyer
Maintain open communication with your lawyer and respond promptly to any requests for information or documentation. This will help avoid unnecessary delays. Regular updates and feedback ensure that you and your lawyer remain aligned in strategy and expectations.
Effective communication fosters a collaborative relationship, allowing for timely adjustments and decisions as your case evolves. Your lawyer relies on your input to tailor their approach and maximize your settlement prospects.
Be Patient
While it’s natural to want your case to settle quickly, it’s important to be patient. Rushing the process can result in an inadequate settlement that doesn’t fully compensate you for your injuries and losses. Patience allows your lawyer to thoroughly develop your case and negotiate from a position of strength.
Understanding that quality takes time can help manage expectations and reduce stress. Trusting in the process and your lawyer’s expertise will ultimately lead to a more satisfactory resolution.
Conclusion
Understanding the timelines and expectations of a car accident injury case can help you navigate the process more effectively. While every case is unique, factors such as the severity of injuries, medical treatment, liability disputes, and insurance company cooperation can all impact the timeline. By staying organized, communicating with your lawyer, and being patient, you can help ensure a fair and timely resolution to your case.
If you’ve been injured in a car accident, don’t hesitate to seek legal advice. An experienced personal injury lawyer can guide you through the process and help you achieve the best possible outcome for your case. With the proper support and understanding of the process, you can focus on recovery while your legal team works to secure the compensation you deserve.