Why Does A Settlement From A Car Accident Take So Long?
A car accident is already something nobody wants to deal with, it’s stressful, painful, and even in the best of circumstances, it’s a lot of time and money spent to get back to normal life. And on top of that, if the settlement process gets extended for any reason, you could have even more bills to deal with.
So today we want to take a closer look at the timeframe you can expect a car accident settlement to take, and more importantly why it takes more time than most people anticipate. After all, the easiest way to have peace of mind about the process and to know your attorney is handling it, is to understand how the process works, and which situations can cause the process to get extended.
Not all settlements take the same amount of time
Car accident settlements are like any other legal process, and this means that there’s going to be a lot of back and forth between both parties. The parties being your attorney and the insurance company (sometimes involving the other driver’s insurance). But even more important than that, no two cases are the same, so even under similar circumstances two completely different claims can take very different times.
Most sources say that settlements take between 6 to 12 months after medical treatment is complete, and that’s a fairly accurate average. However, it is important to keep in mind that’s all it is: an average. Some cases take longer, some take less. The important aspect to take from here is that these processes usually wrap up after your medical treatment has been completed.
Why do I have to wait for my medical treatment to complete?
The reason why it’s important to wait until your treatment is over to continue the settlement is that the compensation is directly tied to the impact the accident had on your life. Imagine, for example, that settlement took place weeks after the incident, at a point where your injuries are apparently not too bad, but months later you show new symptoms directly related to the injuries you sustained from the accident. You should pursue compensation for those injuries. Alternatively, imagine that you get compensated for 6 months of treatment but then it turns out you will need up to a year of medical attention. If you’ve already completed the settlement, the insurance company likely will not send any more compensation.
Nobody can know how impactful an accident will be until all the dust fully settles and every injury is uncovered, which is why it’s so important to wait until your treatment is complete to proceed with the actual agreements and disbursement. This might make the overall settlement process take longer, but it’s in your best interests.
It’s all about evidence and liability
As we’ve established, a car accident settlement is still a legal process and this means that your attorney needs to collect evidence, present it thoroughly, and prove that the you deserve compensation because your insurance policy allows for it. This is one of the most crucial steps because the entire settlement process hinges on the exact wording within your insurance policy and how much money you are entitled to after an accident. Some states have different laws regarding insurance so please check with your exact insurance carrier to determine your situation.
Most of this evidence is gathered at the time of the accident, and more often than not it’s relatively straightforward to identify liability. Simple things like traffic lights, alcohol levels, and such are compelling evidence that the other party should be held responsible. But evidence also goes beyond simply proving liability.
Medical bills and records are also an important asset during the negotiations, and sometimes medical facilities have considerable backlogs which slow down the process further. The simple fact is that the more parties involved in any legal process, the longer it’ll take. But even when it seems like your attorney has slowed down, chances are that the process is simply being partially impeded by another step in the overall process. It’ll get back on track, but it can take time.
Negotiations also take time
It should be obvious, but negotiating a car accident settlement implies that both parties will have to sit down and negotiate until they reach an agreement. Settlements are a negotiation, it’s that simple, and both sides want to reach a point that benefits them and feels fair for their respective lawyers.
Sometimes agreements can be reached in just a few sessions, and in those instances, your car accident attorney can help complete a claim with little modification. Sometimes, however, the other party will negotiate further, which means that the number of sessions will increase and with it the length of time for completion.
It can be easy to think of time spent as “delays” and worry about the state of your settlement. But the reality of things is that these processes often take time precisely because your attorney is looking out for your best interests. Settlements take time, but this is time used to build a strong case and to make sure the compensation you receive is fair and truly makes up for the situation you went through. It can be stressful, and we understand that, but that’s why picking the right professional is so important when you get involved in these matters.
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