Dealing with the aftermath of a car accident can be overwhelming, especially if you suffered injuries and need money to pay your medical bills and other expenses. For this reason, many crash victims feel tempted to settle their cases swiftly and move on with their lives. But beware of a fast and easy settlement offer from the insurance company. Settling too fast could also mean accepting less money than you deserve.
Wondering how long the car accident settlement process will take? There’s no precise answer to that question. Several factors may impact the timeline for your case. Keep reading for general information on settling an auto accident claim. For a free and personalized consultation, contact the Law Offices of William F. Underwood, III, P.C. today.
What is a Car Accident Settlement?
If you sustain injuries in a car accident caused by someone else’s carelessness, Georgia law gives you the right to seek compensation from the at-fault party(s) by filing a personal injury claim. With a successful lawsuit, you can recover money for crash-related losses like:
- Medical bills
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Lost quality of life
The majority of car accident cases resolve in settlements with the insurance company. A settlement is an agreement between a crash victim and the party responsible for their injuries.
In a settlement, the liable party offers the victim a sum of money in exchange for permanently dropping the case. While the amount may be less than the victim could potentially receive at trial, it comes without the expense, time commitment, and risk of taking the case to court.
When you accept a settlement offer, you cannot go back and ask for more money later, even if your condition worsens over time. An experienced lawyer can determine how much your case is worth and work to negotiate an auto accident settlement that accounts for your past, current, and future losses.
The Car Accident Settlement Process
The car accident settlement process involves several steps. To pursue compensation, your attorney will start by:
- Drafting and sending a demand letter – A demand letter presents the facts of the accident and evidence of liability to the insurance provider. It also requests payment for your injuries and related losses. Attorneys often write these letters, so speak with a knowledgeable car accident attorney before sending one.
- Receiving a response – In response to your request, the insurance company may accept your claim and pay what you requested, make a counteroffer, or deny the claim entirely.
- Filing a lawsuit – If the insurance company refuses to make a reasonable settlement offer, your lawyer may advise you to file a car accident lawsuit. Suing does not necessarily mean you will take the case to court. Settlement talks can continue even as you move forward with a suit. The threat of a court date may motivate the insurance company to negotiate with you.
Filing a lawsuit involves the following steps:
- Complaint – The first step of a lawsuit is filing the complaint. Like a demand letter, the complaint outlines your losses, the reasons you believe the other party is liable, and the amount of compensation you seek. An attorney can file the complaint with the appropriate court and ensure that a copy gets served to the other party.
- Response – The defendant has 30 days to respond to the complaint by filing a formal answer with the court. In their filing, the other party will explain their response to the claims against them, including information and counterclaims in their defense.
- Discovery – In the discovery phase, each party involved in the case has the opportunity to request and exchange evidence and other information with the opposing side. Discovery can take months or even years, especially if there are challenges with accessing information.
- Settlement negotiations – Depending on the circumstances of the accident, settlement negotiations can end reasonably quickly or last several months. Many parties reach a car accident settlement after one side uncovers pivotal information during discovery. Negotiations tend to resolve more quickly when everyone agrees on the basic facts of the case.
- Trial – Sometimes, parties simply cannot agree on a settlement amount. When this happens, accident victims may need to pursue their claims in court. Negotiations typically continue even as trials proceed because settlements may be reached at any time before the court delivers a verdict.
- Appeal – If either party disagrees with the court’s decision, they may have the option to appeal the verdict. An appeal is a formal request asking a higher court to review a lower court’s decision. While several successively higher authorities may hear a case on appeal, each must agree to do so, or the lower court’s verdict will stand.
The Car Accident Settlement Timeline
No two car accident cases are identical, so every settlement timeline is different. A case might settle in weeks or months in relatively simple cases involving straightforward liability. But with more complex cases involving catastrophic injuries or disputes over fault, the timeline can stretch out a year or more.
Factors that could impact the timeline for your car accident injury case include:
- The severity and long-term impact of your injuries
- Liability disputes
- If the case involves multiple parties
- Difficulty or delays in obtaining crucial evidence
- If the case has a high dollar value
Some insurance companies jump to make settlement offers within hours of a crash, even while victims lie in their hospital beds. Do not fall for this underhanded tactic. You can’t fully grasp the long-term effects of your injuries right away. A knowledgeable attorney can investigate your case while you heal and place a fair value on your case.
Contact a Car Accident Lawyer Now
If you want to pursue compensation after a car crash in Georgia, talk to a trusted car accident attorney at the Law Offices of William F. Underwood, III, P.C. Our proven legal team can provide the answers you need in a free case review. Call or contact us now.
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