Key Takeaways
RECENT POSTS
Categories
Crunching the Numbers: how long does a settlement take for a car accident?
Key Takeaways
A guide to understanding how long the settlement process takes.
Car accidents are one of the most traumatic, emotional experiences anyone can go through. In a split second, lives can be forever changed, leaving behind physical and emotional scars that can last a lifetime. The aftermath of a car accident can be overwhelming, confusing, and frustrating, leaving victims and their families feeling lost and alone. You need to remember that there are steps you can take to settle car accidents and move forward towards healing and recovery.
If you’ve ever been in a car accident, then you know how they tend to affect every aspect of your life. This is especially true if you were injured in the accident. You have to deal with the insurance companies, the car shop, frequent the doctor’s office—the list goes on and on. Not to mention the stress and anxiety of getting back in your car every time you need to leave the house. One of the worst parts about a car accident is waiting on your accident claim. Getting the money you’re owed can seem to take an eternity. What most people don’t realize, however, is that there are a few things you can do following an accident to help speed up the process. Here’s everything you can do following an accident to help you get your claim as quickly as possible.
WHAT IS A CAR ACCIDENT SETTLEMENT?
A car accident settlement is an agreement reached between two parties involved in a car accident, typically the victim's lawyer and the at-fault driver's insurance company, to resolve their legal dispute. The settlement is always a monetary compensation paid by the at-fault party to the victim for any damages, injuries, or losses suffered as a result of the accident. The settlement amount is typically negotiated through a legal process involving lawyers and can cover medical expenses, lost wages, property damage, pain and suffering, and other related costs. Once a settlement agreement is reached, the victim agrees to drop any further legal action against the at-fault party.
HOW LONG AFTER A CAR ACCIDENT CAN I START THE SETTLEMENT PROCESS?
Other than your state's statute of limitations, there is no specific time frame for starting the settlement process after a car accident, but it's generally recommended to initiate the process as soon as possible. This is because evidence and witness testimony can become less reliable over time, and it's important to gather all the necessary information to support your claim before it becomes too difficult to do so. Additionally, most states have a statute of limitations, which is a time limit within which you must file a legal claim. It's important to be aware of the statute of limitations in your state and ensure that you initiate the settlement process before the deadline passes. The statute of limitations in the states we practice in are as follows:
1. Alabama
The Alabama Statute of limitations allows a 2 year time frame to file your personal injury claim from the date of your accident. If a minor is a part of the injured party, the time limit does not begin until the child turns 19 years old.
2. Florida
In the state of Florida, you have a two year time limit from the date of your accident or injury to file a personal injury lawsuit.
3. Tennessee
Tennessee allows a 1 year time frame to file a lawsuit. If you do not file within this time frame your case will be refused by the courts.
It's typically recommended to consult with an experienced car accident lawyer to help guide you through the settlement process and ensure that you receive fair compensation for your damages and injuries.
WHAT'S THE AVERAGE LENGTH OF TIME IT TAKES TO SETTLE AFTER AN ACCIDENT?
The length of time it takes to settle a car accident claim can vary widely depending on a number of factors, including the complexity of the case, the severity of the injuries and damages involved, and the willingness of the parties to negotiate a settlement. Therefore, there is no average time for a settlement. In general, a straightforward car accident claim with minor injuries and damages can be settled within a few months, normally between three-to-six months, while more complex cases involving serious injuries or disputed liability can take much longer, sometimes years.
Additionally, the settlement process can be delayed if the insurance companies involved are slow to respond to your lawyer that tried to resolve the dispute. It's important to be patient during the settlement process and work closely with your lawyer to ensure that you receive fair compensation for your losses.
What factors are considered in a car accident settlement?
When determining a car accident settlement, several pieces of information are considered, including:
1. Liability
Who was at fault for the accident and to what degree? This is a critical factor in determining the settlement amount.
2. Injuries
The severity and extent of the injuries sustained by the victim is another important factor in determining a settlement. This includes both physical injuries, as well as any emotional trauma resulting from the accident.
3. Medical Expenses
The amount of medical expenses incurred as a result of the accident is a key factor in determining a settlement. This includes all past and future medical expenses related to the injuries sustained in the accident.
4. Property Damage
The amount of property damage sustained in the accident, including damage to the vehicle, is also taken into account when determining a settlement.
5. Lost Income
If the victim missed work or lost income as a result of the accident, this will be factored into the settlement amount.
6. Pain and Suffering
This includes the physical pain and emotional distress suffered as a result of the accident.
7. Insurance Policy Limits
The at-fault party's insurance policy limits will also impact the settlement amount, as the insurance company will only pay up to the policy limit.
These things change case to case, and it's important to have an experienced lawyer who can evaluate your specific situation and negotiate on your behalf to obtain the compensation you deserve. If you need a lawyer for your car accident settlement, you can contact Wettermark Keith to set up a free consultation with our legal team today.
HOW TO START THE SETTLEMENT PROCESS AFTER A CAR ACCIDENT:
In order to have the simplest settlement process possible, there are some very important steps to take to get started. These start as soon as your car accident occurs, which is as follows:
Right after a car accident, you need to call the police to the scene of the accident-- whether or not you are injured. Law officials will help facilitate the necessary exchanging of information between everyone involved in the accident. They will also take statements from both sides and try to paint an accurate picture of what happened during the car accident. A police officer can also get you a tow truck or an ambulance depending on your injuries.
All of these tasks, tedious as they may seem, will give the insurance companies and your future lawyer valuable information surrounding the accident and help them perform their jobs quicker. In order to build a proper settlement case for your accident, your lawyer will need a police report as evidence to present to the other driver's insurance company.
Photos can be extremely valuable pieces of evidence for insurance companies. With mobile smartphones, getting evidence for your claim has never been easier. Take photos of the crash scene, your car, the other car, and any injuries suffered. This will help insurance companies know the full story and get you the right amount of money you need fast. Taking photos of the scene of a car accident is an important step to document the evidence and can be helpful for your lawyer when negotiating a settlement or presenting a legal claim to the insurance company.
Again, you should take photos of the damage to both vehicles, any injuries suffered by you or your passengers, as well as any property damage or debris on the road. In addition to this, it's also a good idea to take photos of the surrounding area, including street signs, traffic lights, and road conditions, to provide context to the accident. The photos should be clear and detailed, and it's important to take them from different angles and distances to provide a complete picture of the scene.
Time and time again, innocent, injured drivers have had their insurance claims delayed because of something they said following an accident. Your words to the police officer, other drivers, and/or witnesses of the crash can be twisted and used against you when you file for your claim. The only thing you should say after an accident is what’s absolutely necessary: giving your story to the police officer and exchanging information with the other driver(s). Don’t apologize for the accident. Don’t speculate on the causes of the accident. By using concise, deliberate language, you will keep the insurance companies from being able to shift the blame of the accident onto you and get you your claim quicker.
Stick to the facts of the accident and avoid speculating about what happened or who was at fault. If asked by the other party or their insurance company, provide your name, contact information, and insurance information. You may also need to exchange information about your driver's license, vehicle registration, and the location of the accident. It's generally recommended to avoid discussing the accident with anyone other than your lawyer or insurance company representative until you have a better understanding of your legal rights and options.
Even if you don’t think you are hurt following an accident, you should get examined by a doctor. Sometimes, accidents can cause delayed onset injuries, meaning you may be hurt, but you won’t realize it for hours or even days. Medical examinations give necessary evidence to insurance companies and strengthen the chances of you getting your claim promptly. Some injuries, such as whiplash or concussions, may not become apparent until several hours or days after the accident. Delaying medical treatment could make it more difficult to prove that your injuries were caused by the accident, and it could also worsen your condition.
A medical professional can provide a thorough evaluation of your injuries and document them in your medical records, which can be important evidence when negotiating a settlement or presenting a legal claim. It's also important to follow your doctor's recommended treatment plan and attend any follow-up appointments to ensure that you recover as fully as possible from your injuries. Keep all medical records and be prepared to use them as evidence in your claim. Your lawyer will use these records to compile evidence to support your car accident claim.
If you've been involved in a car accident, it's generally advisable to hire a lawyer to represent you in your accident claim. A lawyer can help you navigate the legal process, negotiate with insurance adjusters, and ensure that you receive fair compensation for your injuries and losses. When you hire a lawyer, they will typically begin by gathering evidence to support your claim. they will then use this evidence to build a strong case on your behalf.
Your lawyer will also negotiate with the insurance company to obtain a fair settlement for your injuries and losses. If you cannot settle through negotiation, your lawyer may advise you to file a lawsuit to recover damages. Hiring a lawyer can help take the stress off of you during this difficult time, and can increase the likelihood of a favorable outcome in your case. Contact an accident lawyer from Wettermark Keith today to set up a free consultation with our legal team to start the car accident claims process.
WHAT IF WE ARE UNABLE TO SETTLE WITH INSURANCE COMPANIES?
If a lawyer is unable to settle with insurance companies, they will recommend pursuing a lawsuit. Filing a lawsuit can be a lengthy and expensive process, but it may be necessary to obtain the compensation you deserve. Your lawyer can advise you on the pros and cons of filing a lawsuit and help you determine whether it's the right course of action for your case. It's important to remember that insurance companies are in the business of making money, and they will almost certainly try to settle for as little as possible.
An experienced lawyer can negotiate with the insurance company on your behalf and fight for your rights to ensure that you receive fair compensation for your injuries and losses. If your attorney cannot settle through negotiation, they can represent you in court and fight for your rights in front of a judge or jury. Our attorneys at Wettermark Keith have plenty of experience with taking cases to court successfully. If you need a lawyer for your car accident settlement, contact an accident lawyer from Wettermark Keith today!
WETTERMARK KEITH: PERSONAL INJURY LAWYER
Dealing with the aftermath of a car accident can be a daunting experience, but knowing the settlement process can help you during the stressful claims process. At Wettermark Keith, our lawyers are passionate about their work. While investigating your traffic incident and injuries, our car accident attorneys and their associates will gather evidence and seek to bring about legal justice for you or your loved one. Wettermark Keith, with offices located throughout Alabama, Tennessee, and Florida, has an excellent reputation as one of the most accomplished personal injury firms in the country. Wettermark Keith’s reach is not only regional, but it also includes a diverse range of practice areas including car accident lawyers.
We believe in taking cases personally. Our purpose is to practice with care and compassion- to tell our clients’ stories and make their voices heard. We do this by building strong relationships based on constant communication and an unwavering dedication to truth and trust. You should never wonder what’s going on with your case. Our firm will keep you in the loop and represent you as if you are family- because to us, you are. Do not hesitate to contact us through the phone or through our online form to set up a free consultation with our legal staff. At Wettermark Keith, your case matters. We have been fighting for nearly 20 years to get our clients all of the money they are owed, as quickly as possible. Don’t fight alone. Contact Wettermark Keith today!
Frequently Asked Questions
There is no fixed amount for a car accident lawsuit, as each case is unique. The settlement amount depends on factors such as the severity of the injuries, the impact on the victim's life, and the amount of insurance coverage available. Between 2015 and 2020, it was reported that an average settlement for car accident claims was $23,900.
How long it takes to get a car accident settlement can vary widely, depending on the complexity of the case, the severity of the injuries, and other factors. Simple cases with minor injuries and damages may be settled within a few months, while more complex cases can take years to resolve. As this is a complex question, dependent upon many personal factors, you should contact a car accident attorney from Wettermark Keith to discuss your case further to determine how long you may have to wait to settle your claim.
If you miss the statute of limitations for a car accident, you may no longer be able to file a lawsuit or claim for damages related to the accident. The statute of limitations is a deadline set by law that determines the maximum amount of time you have to file a lawsuit or claim. The specific time limit for a car accident lawsuit or claim varies depending on the jurisdiction and the type of claim you are making. In Alabama, it's 2 years; in Florida, it's 2 years; and, in Tennessee, it's 1 year.
The time it takes to negotiate a settlement can vary depending on a number of factors, such as the willingness of the parties to negotiate, the complexity of the case, and the amount of evidence available. Some cases may be settled quickly, while others may take months or even years to resolve. This can be dependent upon the experience of the attorney, the strength of your evidence, or the complexities of the case.
The settlement process typically involves the exchange of information, negotiation, and agreement between the parties involved. Your attorney will gather evidence and present it to the insurance company, along with a demand for compensation. The at-fault party's insurance company will then review the evidence and negotiate with the victim's attorney to settle. If the parties are unable to reach a settlement, the case may proceed to litigation.
Ready to work together? Contact us today for a free consultation.
HERE'S WHAT TO DO NEXT
If you or a loved one have been injured and think you might have a case, call us now for a free consultation.
Free Consultation
you won’t pay us anything until we’ve won your case
