Many crash victims want to know, “How long does a car accident claim take to settle?” There is no set period of time for these cases to take; however, some factors can influence the timeframe and delay how long it takes for the lawsuit to conclude.
Dan Pruitt Injury Law Firm helps casualties resolve their South Carolina auto wreck lawsuits swiftly and effectively. We understand that you may depend on the settlement package to begin rebuilding, such as by paying for repairs, covering costly treatments, and tiding you over until you can return to work. Our experienced Greenville car accident lawyers provide decisive and responsive legal services to our clients. We welcome the chance to do the same for you.
Steps in the Car Accident Claim Process
The first step in the claims process is to file a report with local law enforcement. South Carolina law requires drivers to notify the police if they are in a crash where someone was injured or killed. Even if the accident only causes physical damage to the vehicles or property, it may be a good idea to call the police to make sure you meet your reporting obligations and set up an evidentiary record.
The next step in the process is to file a claim with the insurance company that covers the car you were in at the time of the incident. When talking to agents and law enforcement about what occurred, consider communicating the facts without adding opinions about who is at fault. It may be beneficial to just give them the information they need to understand what happened and begin the investigation.
After you tell your insurer about what occurred, you may benefit from talking to an attorney about the incident and what your legal rights are. They can also estimate what you might be able to request in damages and review proposals you receive from the insurance company or the person or agency that caused the crash.
Settling Out of Court vs. Going to Trial
A car accident claim can end in two ways: an out-of-court settlement or through a trial. In the settlement option, each side negotiates with the other about what they believe is a fair outcome under the circumstances. They may take turns sending each other settlement proposals and participate in a group discussion about this with the attorneys, casualty, and at-fault driver present. If it goes well, they will conclude the legal matter by signing an agreed-upon settlement contract.
If they cannot reach an agreement, the injured person may decide to take the case to trial to increase their chance of getting a better compensation package. At trial, each side gives legal arguments, presents evidence, and questions witnesses to show the court what occurred. At the end of the trial, they each provide their closing statements, and the judge or jury decides what should happen. For example, they might award the casualty with the requested financial package to cover their losses.
Factors That Influence the Settlement Timeline
Many factors can impact how long the settlement process takes from beginning to end. The first is the complexity of the case. If the case involves multiple casualties or at-fault parties, it may take longer for everyone to gather and review the evidence. As a result, it can push back the timeline for settlement talks.
Additionally, multiple casualties may mean there are several settlement proposals to negotiate and review, which can take more time than if there is a single victim. How quickly each person responds to the offers or requests for documents can also affect the settlement time period.
Common Delays in the Settlement Process
Delays in the car accident claim settlement process may occur for a number of reasons. For example, the casualty may run into challenges receiving records from their providers. Or, they might have to undergo surgery, meaning they cannot respond to a proposal until several days after it is received. Likewise, the insurance company may need additional time to finalize the investigation.
Role of Medical Records and Documentation in the Settlement Process
The average car accident settlement may involve having to request medical records and documentation. These documents can support the casualty’s claim for compensation due to a physical injury, which, in turn, can strengthen a request for non-economic damages — like pain and suffering.
That said, sometimes it can take a while to identify what facilities to send the records request to and the process each place wants the casualty to follow to do so. As a result, it can cause unavoidable delays in the evidence-gathering and settlement calculation phases.
How Long Does It Take To Negotiate a Settlement
There is no set period of time that it takes to negotiate a settlement. That is because each claim is different and may involve unique steps and factors not present in other situations. Additionally, unforeseen circumstances may prevent the parties from responding to a proposal right away.
Likewise, more complex claims may take longer because they may involve intensive fact-gathering and analysis.
Tips for Speeding Up the Settlement Process
There are steps a casualty can take to help speed up — or at least not unnecessarily delay — the settlement timeline. For example, they can quickly respond to letters, emails, or phone calls from their legal team about the case. The law firm may need to consult with them before they can proceed, so the faster the client can connect with the firm about this, the less time is spent waiting.
Additionally, the client can also speed up the settlement process by being open and honest with their lawyer about what caused the crash and what happened afterward. The attorney needs this information to be able to develop effective and accurate legal theories to use to negotiate. If they do not have accurate information, this can cause delays or errors along the way.
Contact an Experienced Car Accident Lawyer Today
If you are asking yourself, “How long does a car accident claim take to settle?” It may be time to talk to a lawyer. A host of variables can impact the length of time it takes to settle or litigate a motor vehicle wreck lawsuit. An attorney can help you by investigating, researching, and handling the situation and its legal consequences. They can also use their training and resources to review offers you receive from the insurer or at-fault party to make sure they are in your best interest before you sign them.
At Dan Pruitt Injury Law Firm, we have helped dozens of casualties and their family members move forward by taking on legal matters on their behalf so they can focus on what is important to them. We understand you are hurting, and we want to do what we can to help make it better.
Call us today at (864) 721-6885 to schedule a time to talk with a South Carolina car accident attorney you can trust.