If you are waiting for a pending car accident injury claim to come to a settlement, the good news is you will not likely have to wait long. Most car accident claims settle without ever going to trial, however, there are infinite factors that can influence the total amount of time it takes to reach a full and fair settlement. Continue reading to learn some of the most common factors that might affect the timeline for your car accident claim.
Common Factors That Affect a Settlement
Although reaching a car accident settlement can be affected by many factors, the most common include whether or not you hire a lawyer, the severity or scope of your injuries, who was at-fault for the accident, the laws surrounding car accident liability in your state, and the court’s schedule.
Legal Representation – If you choose to represent yourself, you can expect the timeline for your car accident claim to take much longer. You simply do not retain the same knowledge, resources, and professional connections that lawyers have, all of which expedite several steps to the car accident claim process.
Extent of Damages – The severity of your injuries and how long you need to obtain treatments, along with the scope of your total damages and losses, will greatly affect the amount of time it takes to reach a settlement since such cases typically require more concentrated investigation and the discovery of facts essential to proving the case.
Liability – If it is clear and undisputed that the other driver is at-fault for the accident, you can expect the claim process to be much quicker since their insurance company should want to settle as soon as possible, depending again upon how badly you are injured, how long you need to obtain treatments and whether or not you are permanently injured. If you live in a state where you might be deemed partially at-fault, a principal known as “comparative negligence”, your percentage of fault will determine your eligibility for compensation.
Court Schedules – If your case does have to go to trial, the court’s hearing schedule can cause conflicts in your settlement timeline. Courts can get backed up, so they are prone to cancelling or postponing scheduled trials, or not having availability to schedule hearings for months.
Reaching a Car Accident Settlement
The process of car accident claims and settlements are quite straightforward here in Indiana. You can expect the process to start with you obtaining medical care and eventually and hopefully, physically and emotionally getting back to where you were before the collision or fall.
Next a detailed demand letter is drafted and sent to the defendant’s insurance carrier along with all supporting documents, photographs, and more, which basically presents your case to the insurance company.
From the demand letter, negotiations will follow, and perhaps even mediation. See our blog, “Questions and Answers About Personal Injury Negotiations” to learn more about this part of the car accident claim process. After negotiations are complete, the remainder of the process generally involves drafting an agreement, and drawing a check and settlement papers.
Where to Get Trusted Car Accident Claim Advice
Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action after being negligently injured in a car, trucking, malpractice or fall accident in Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident attorneys that can fight to recover compensation for your losses. We represent injured persons in Indiana regardless of how the injury occurred, so long as the person was injured as a result of the negligence or “failure to use reasonable care” of another person or entity. We also offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your free consultation with an Indianapolis car accident lawyer, today.