Factors that Affect the Car Accident Settlement Process
After a car accident, many factors can affect how long it takes to reach a settlement. According to Forbes, it may take up to a year to obtain sufficient medical care for your injuries, two to six months to gather evidence and estimate the value of your claim, and another month to write a demand letter and negotiate with the other party’s insurance company.
Other factors that can influence the length of the settlement process include the following:
- Medical Treatment: Depending on the severity of your injuries, it can take a few weeks to a few months to receive the necessary care.
- Car Accident Investigation: To prove fault in a car accident, you must establish that the other party was negligent and caused the accident. Ohio is an “at-fault” state, meaning the law requires drivers who cause accidents to pay for the resulting damages. Ohio is also a comparative negligence state, meaning that fault is assigned proportionately to each party contributing to the accident. However, their compensation will be reduced in proportion to their share of the blame.
- How Soon a Claim Is Filed: Delaying the filing of your claim will also delay a settlement. In addition, the longer you wait to file your claim, the harder it might be to obtain evidence to support your case.
- Settlement Negotiations: In general, the more severe your injuries are, the more compensation you receive. However, more severe injuries with higher settlement values typically result in more involved and contested negotiations that can take longer to resolve.
- Litigation: If you can’t reach a settlement agreement, you may need to file a car accident lawsuit, which could take as much as a year to get to trial. However, the parties can continue negotiations, and a settlement can still be reached at any point during the pretrial process.
Car Accident Settlement Timeline
- Receiving medical attention: Treatment needed after an accident can take weeks or months, depending on the nature and severity of your injuries. Settlement negotiations typically won’t begin until after you’ve received the bulk of your treatment so that the total extent of your losses can be accounted for.
- Filing a claim: An insurance claim is first filed with an insurance company. If necessary, a lawsuit is then filed in court. Under Ohio’s statute of limitations, injured victims have two years from the date of a car accident to file a lawsuit. If you miss the deadline to file a car accident lawsuit, the court will likely dismiss your case, and you will lose the chance to pursue compensation for your damages.
- Investigating the accident: The parties and insurance companies involved will investigate the accident to identify those at fault, establish liability, evaluate damages, and gather evidence such as accident scene photographs, video footage, debris and wreckage, police reports, witness statements, medical records, and medical bills.
- Collecting proper documentation: You may need to wait until after your medical treatment is mostly finished to obtain all the necessary paperwork for your claim. This will allow you to account for all your losses and costs associated with the accident when calculating the value of your claim.
- Negotiating a settlement: Settlement negotiations begin when your attorney sends a demand letter to the responsible party’s insurance company. An attorney can help determine whether a settlement or litigation is the best option for your case and avoid accepting lowball settlement offers. Your settlement should be large enough to compensate you for your medical bills, lost wages, pain and suffering, and all other losses.
- Receiving your settlement payment: If the parties can agree on a settlement, the case is resolved. The parties will sign and execute a settlement agreement, and the funds will be disbursed.
When Will I Receive My Settlement Check?
In most cases, clients can expect a check within about 30 days of finalizing their settlement. Funds will be distributed to the injured parties, attorneys, and any lien holders like medical providers.
What are the Steps to Expedite the Car Settlement Process?
Just as several factors can lengthen the settlement process after a car accident, you can take a few steps to expedite the process.
If you hope to resolve your car accident claim as quickly as possible, hiring a lawyer gives you the best shot at a full and fair recovery in the quickest amount of time. Car accident attorneys have the knowledge to fully investigate, quickly obtain evidence, build a strong case, draft a strong demand letter to the insurer, and conduct effective negotiations. Insurers may also be more likely to make a fair settlement offer quicker if they know you have a lawyer protecting your rights.
Acting promptly following an accident can also speed up the overall process. The sooner you file the necessary paperwork, follow up on medical treatment, and obtain evidence, the quicker negotiations can commence.
Finally, maintaining timely communication with your lawyer can also speed up the process. Responding promptly to requests from your attorney can ensure they have everything they need to build the strongest case and fight for the full compensation you deserve.
How a Car Accident Lawyer at Gervelis Law Firm Can Help
At Gervelis Law Firm, our experienced Ohio personal injury attorneys work with accident victims every single day. As a small, local law firm with the resources of a large one, we proudly serve Youngstown, Akron, Toledo, Columbus, Canfield, Warren, and all of Ohio, prioritizing our clients above all else. When you contact us after a car accident, our Rapid Investigation Team will be on-site within 24 hours to collect and preserve vital evidence.
“From the beginning of the case, we are working to develop the strengths in your case. Was the other driver intoxicated or belligerent? We will subpoena the police officer’s body camera footage. Every employee, from the investigator to the attorney, has the knowledge to ask the questions and obtain the evidence to document all of your damages. We have the legal experience and winning track record to confront and overcome the weaknesses in your case.” – Attorney David Michael Tschantz
If you or a loved one have been injured in a car accident in Ohio and are looking for a settlement, contact Gervelis Law Firm today for a free consultation by calling 866-792-2728 or filling out our online contact form.
