Car Accident Claims: What to Expect in the Legal Process Duration

The timeline for how long the legal process takes after a car accident can vary quite a bit depending on the details of your specific case. Here is an overview of what you can generally expect if you’re involved in one of the 1.6 million injury-causing crashes that happen every year in the US – in 2022, there were 5,930,496 crashes reported to the police. That same year, 42,514 people died in motor vehicle crashes, 466 of them 12 or under.

Filing a Claim with Insurance

One of the first things you’ll need to do is file a claim with your auto insurance company as well as the at-fault driver’s insurance company if you were not at fault. This process can take anywhere from several days to several weeks depending on the responsiveness of the insurance adjusters and the details involved in assessing the damage.

The insurance company will investigate the accident, estimate vehicle damage costs, and determine fault. You may need to provide a recorded statement about what happened. If injuries are involved, the claims process may take longer as medical records and bills will need to be provided as part of the claim.

Settlement Negotiations

Once the insurance claim has been filed, you will likely negotiate a settlement offer with the insurance company. How long it takes to reach a settlement deal can vary dramatically based on the severity of the accident, extent of damages and injuries, and willingness of the insurer to offer fair compensation. Minor accidents may settle within a few weeks, while major accident cases with injuries can take several months or even years to settle.

Lawsuits and Trial

If you are unable to reach an acceptable settlement with the insurance company, you may need to file a lawsuit, but most experts say it’s best to consult with a car accident attorney before speaking to any insurance companies. This is because insurance companies are not on your side and will want you to accept a low ball offer. Read more about hiring a car accident lawyer in your area.

The litigation process takes time and could last anywhere from several months to one or two years in some cases. Lawsuits involve phases like discovery, depositions, motions, and finally a trial if no settlement is reached beforehand. That said, less than 5% of cases end up in court, as most insurance companies prefer to settle out of court.

The actual car accident trial can take several days or even weeks depending on the judicial caseload and complexity of case evidence and testimony. Finally, even once a verdict is reached, there may still be appeals processes to undergo which adds to the overall timeline.

Statute of Limitations

One key factor that dictates the timeframe for a car accident case is the statute of limitations. This is the legal time limit accident victims have to file a claim or lawsuit. For car accidents, the statute of limitations ranges from one to six years depending on the state. In Texas, for example, the statute of limitations for a car accident is two years, whereas in Florida, it’s four years.

Recovery Period

The recovery period for any injuries sustained in the car accident should also be factored into the legal timeline. Fractures typically take 6-8 weeks to heal, but more serious injuries like traumatic brain injuries, spinal cord damage, or amputations can take many months or longer to fully heal. Lawsuits cannot realistically be filed until the plaintiff is medically stable, so this recovery period adds to the overall process.

Working with experienced car accident lawyers can help expedite the legal process and bring swifter justice and fair compensation after an auto accident.