Learn about what factors in a car accident might affect how long your accident settlement might take and why.
As medical bills and other expenses pile up after a New York car accident, you might want to know how long do car accident settlements take? Here are some car accident claim examples from our Long Island car accident lawyers to help answer this question.
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Car Accident Examples
The more parties and complex liability issues there are in your personal injury claim, the longer the settlement process will take. Simple cases may be resolved in a few months, while an extremely complex auto accident requiring a personal injury lawsuit could even take years to reach a settlement agreement.
Example #1: A Relatively Simple Case
A relatively simple car accident case in New York might look something like this. Another car hit you and there is no question they are at fault. You have some serious injuries, and your car needs repairs. Your injuries cause you to be out of work for three months with treatment during that time and you meet the standard for suing under New York’s no-fault insurance law. After three months, you return to work and continue treatment for another month. Your lawyer aggressively negotiates on your behalf and the defendant’s insurer offers you a check for your insurance claim. Your lawyer says it’s adequate to cover your damages including pain and suffering. You and your legal team are happy and the whole process takes less than seven months.
Example #2: A Complicated Case
At the other extreme, a car accident case can become very complex. Let’s say a commercial truck was the second vehicle in your rear-end collision. The collision was a high-speed accident on the LIE and your injuries require extensive ongoing medical care. Additionally, two other cars were involved in the pileup and many of them also face serious injuries.
Now, let’s say that the truck driver’s employer owns the truck, leases the trailer, and both were out of their maintenance contracts. And the driver exceeded the federal and state limits for consecutive hours worked. Compounding the issue, the county failed to clear construction debris, and poor weather worsened road conditions with slick surfaces and low visibility.
In this example, the case will take a long time, even several years, due to disputes among multiple parties, including various insurers for the driver, employer, maintenance companies, county, and other car accident victims. The complexity and financial stakes can create significant delays in reaching an agreement. A case like this might even go to trial.
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How Do You Find Out How Long Your Case Will Take?
The best way to find out how long your case might take is to have a discussion with an experienced personal injury lawyer. We can explain the legal process for seeking a fair settlement and give you an idea of how long your case will take.
Questions to Ask Your Lawyer About How Long Your Case Will Take
When pursuing a personal injury case, understanding the timeline is essential. Knowing the right questions to ask your lawyer can help you set realistic expectations and prepare for the process ahead. Here are some questions that can help make sure you understand when you’ll get your settlement.
- What factors could influence the timeline of my specific case?
- Are there any common delays in cases like mine that I should be aware of?
- How does the complexity of my case impact the overall duration?
- Is there anything I can do to help move the process along more efficiently?
- If my case goes to trial, how much additional time might that add to the process?
Factors that Can Impact the Settlement Process
There are also factors that can impact the settlement process and the overall time frame and complexity of a case.
Severity of Injuries
The extent and severity of injuries sustained play a major role in determining the duration of a case. More severe injuries often require extended treatment and medical evaluations to determine maximum medical improvement. And providing all these medical records can delay settlement discussions.
Disputes Over Liability
When parties disagree about who is at fault, investigations may take longer. These disputes can require additional evidence, such as witness accounts or expert testimony, to resolve.
Insurance Company Negotiations
Insurance companies may delay the process by disputing claims or offering low settlements. Negotiating a fair settlement often takes time and persistence, especially when multiple insurers are involved.
Extent of Property Damage
Significant property damage assessments can prolong the process. This is especially true if repair or replacement costs are contested by insurance adjusters.
Legal or Court Delays
Court schedules and legal procedures contribute to delays, especially if the case proceeds to trial. Overburdened court systems or procedural hurdles might extend the timeframe further.
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Contact Rosenberg & Gluck, L.L.P. for a Free Consultation
If you have questions about your legal options after a car crash, the experienced attorneys at Rosenberg & Gluck, L.L.P. can provide aggressive representation with real results. At our law firm, we understand the complexities of personal injury cases in a no-fault insurance state and are committed to advocating for your best interests.
Contact a car accident lawyer today for a free consultation to discuss your situation.
