Various elements can be associated with the time a car accident case takes. The key factor is whether or not liability for the accident is challenged. The question is, is the insurance company of the other driver accepting responsibility for the accident? Always consult a car accident lawyer to review your legal options.
When Liability is Not Challenged
These are the things that need to happen for the case to be settled, when and if liability is not challenged:
- A completion of medical treatment, or know which treatment will it be in the future and the costs associated with it.
- Gather documentation: medical records, bills, and loss wages, needs to be gathered by the attorney.
- After the attorney has gathered all the information of the driver’s health and expenses, a ‘demand letter’ will be sent to the insurance company of the other driver.
- An offer settlement will be made by the insurance company about 30 days’ after.
- A negotiation will be made between the attorney and insurance adjuster in order to maximize the offer amount.
- If the offer is acceptable for both parties, then the case has been settled. If it is not accepted, then a lawsuit would have to be made against the other driver.
- A trial date of about a year later will be given after the filing was done.
- Within the time up until the trial date, a settlement can be made, if not it will go to trial to be decided by a jury.
When Liability is Challenged
When liability is challenged, the amount of time is extended for car accident cases. The recurrent argument is ‘who-ran-the-red-light’ situation. The drivers point the blame at each other, and no witnesses were present, and if they were, they lack credibility.
The settlement offer done by the other driver’s insurance will display a percentage reduction in the ‘of fault’ coverage for the driver. For example, Driver A is 30% at fault for the accident, then a 30% reduction would be reflected on the settlement offer for the driver A’s comparative negligence. If driver A wants to fight the comparative negligence, they can by filing a lawsuit, if they do not agree to the reduction.
After a lawsuit has been filed, it takes about a year to make it to trial. During the waiting period a settlement can be made.
The majority of cases end with a settlement before they even make it to trial. It cannot be determined that it will be tried. A personal litigator can apply their knowledge to the case, but the injured party ultimately decides if they want to accept or deny the settlement. A personal injury attorney from Percy Martinez Law Firm can help achieve a solid case through regular contact and confidence.