How Long Does it Take to Get a Car Crash Settlement?

Some car crash cases are on the fast track to settlement. If liability (legal responsibility for injury), damages (amount of compensation), and other major issues in the case are undisputed, the insurance company usually has a legal duty to settle the matter before the victim files legal paperwork.

Unfortunately, liability and/or damages disputes are very common in these matters. California is a comparative fault state. The insurance company could blame the victim for a car crash, at least in part. For example, the victim may have been speeding when a drunk driver crashed into the victim. The amount of compensation could be an issue as well, especially if there’s evidence that the victim’s injury claims are inflated.

Therefore, most car crash cases must go through the litigation process. This process is often extremely time consuming. The delay often causes many victims to lose heart and accept unfavorable settlement offers, just to “get it over with.” So, a victim, and a San Marcos personal injury lawyer, must persevere to obtain maximum compensation for serious injuries.

Filing a Lawsuit

When insurance company lawyers drag their heels, a San Marcos personal injury lawyer must file legal paperwork, both to preserve the victim’s legal rights and pressure the insurance company into settlement.

Usually, the statute of limitations in a personal injury case is two years. Once that deadline passes, most victims lose the right to obtain compensation for their injuries. A San Marcos personal injury lawyer must avoid that outcome at all costs.

Filing legal paperwork has other benefits as well. When a lawyer makes this move, the insurance company knows the victim means business and will not go away quietly.

After attorneys file petitions, insurance company lawyers usually try to get the matter thrown out of court. As long as the legal team collected sufficient evidence during the pretrial process, such as medical records, witness statements, and official reports, these motions typically fail. If the legal team took shortcuts before filing, perhaps to meet a statute of limitations deadline, the case could be in jeopardy.

Discovery and Initial Settlement Negotiations

If the case makes it past the initial stage, and it probably will, a court-supervised information exchange process usually follows. During discovery, each side has a legal duty to put all its cards face-up on the table.

Discovery is very important for victims. Most insurance companies try to hide “smoking gun” car crash evidence, such as safety recall information, as long as possible. Discovery puts this evidence in the hands of a San Marcos personal injury lawyer.

This evidence increases the settlement value (sticker price) of a car crash case and affects informal settlement negotiations. Since the victim/plaintiff has a stronger poker hand, and the insurance company knows that, a settlement often follows.

Mediation and Last-Minute Settlement Negotiations

Unfortunately, settlements don’t always occur, and the litigation process moves forward. If the case remains unresolved as the trial date approaches, most judges appoint mediators. A mediator supervises settlement negotiations for the judge and ensures that both sides negotiate in good faith.

In this context, “good faith” usually means compromising to enable settlement. “Take it or leave it” is not a good faith negotiation posture.

From start to finish, the litigation process usually takes between six and nine months, depending on the court’s schedule, the insurance company’s motivation to settle, and a few other factors.

Count on a Dedicated San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.

Source:

selfhelp.courts.ca.gov/civil-lawsuit/statute-limitations