How Long is the Legal Process of a Car Accident?

Car accidents can happen in an instant, but resolving the legal and insurance issues afterward often takes much longer. In 2019, Pennsylvania saw its lowest ever traffic fatalities at 1,059 deaths. However, even with reduced traffic in 2020, fatalities rose to 1,129 and continued climbing in 2021 to 1,230. The trend finally reversed in 2022 with a 4% drop to 1,179 traffic deaths. Philadelphia has the worst rate of traffic fatalities among major cities – about 6 deaths per 100,000 residents compared to just 2.87 in New York and 1.93 in Boston. Los Angeles is closer to Philly’s rate at 5.74 deaths per 100,000 people. Notably, 55% of those killed in crashes are inside vehicles while 41% are pedestrians and 4% are on bicycles. For accident survivors, a lengthy legal process typically follows.

Insurance Claim Investigation

Insurance companies will investigate the circumstances of the accident to determine fault and process any injury or property damage claims. For multi-vehicle crashes, each insurer will interview their client and may inspect the vehicles involved if liability is disputed. They will request a copy of the police report, evaluate damage estimates, and examine medical records and bills to validate injury claims. This process can take weeks or months depending on the complexity of the accident. If fault cannot be clearly established, insurers may deny a claim pending further investigation.

Settlement Negotiations

Once insurance companies complete their investigation, they will determine the amount of compensation to be paid out. For property damage, this is based on estimates for vehicle repair costs or total loss value. Personal injury claims account for medical expenses, lost income, and pain and suffering damages. If injuries are severe or disputable, the insurer may make a low settlement offer first to test if the injured party will accept less than full compensation. Negotiations will go back and forth until a satisfactory settlement is reached or the claimant hires an attorney to assist.

Litigation

If good-faith settlement talks fail, the accident victim may file a personal injury lawsuit against the at-fault driver with a car accident. As said by Ryan Zavodnick, an auto accident lawyer in Philadelphia: A complaint is submitted to the court stating the grounds for financial damages owed. The defendant then has a few weeks to submit their answer rebutting the allegations. Next, information exchanges occur through interrogatories, depositions, and demands for supporting documentation. Both sides perform in-depth investigations surrounding the accident circumstances and claimed injuries and damages.

This pre-trial phase can take 9-12 months to complete. Over 95% of personal injury claims settle out of court before trial. However, if negotiations remain unsuccessful, the case proceeds to trial.

Post-Trial Motions and Appeals

Even after a verdict, the legal battle may not be over. The losing party can file post-trial motions contesting the judgment or request a new trial based on alleged errors. If the judge upholds the original verdict, the defendant can appeal to a higher court.

Case Closure

Once the trial judgment is finalized through all appeals, the legal case will conclude. The at-fault driver’s insurer must pay the amount awarded to the plaintiff within 30 days in most states. However, further delays could happen if the defendant lacks sufficient insurance coverage to pay the judgment. Lawsuits stemming from serious accidents can remain tangled in litigation for 3-5 years in extreme cases. Staying patient throughout the long legal process is critical to ultimately recovering maximum compensation.

Understanding the complex legal timeline helps set expectations for accident victims seeking rightful compensation.