Resolution, but that’s not always the case. Car accident settlements can take time,sometimes months or even years. Understanding the key factors that influence the settlement timeline can help manage expectations and guide you through the process.
At Ted Law Firm, we specialize in helping clients navigate the car accident claim process. Below, we break down the most common reasons for delays in the settlement process and how an experienced accident attorney can help you avoid unnecessary delays.
1. Disputed Liability and Complex Issues
One of the main causes of settlement delays is disputed liability. If it’s not clear who is at fault for the accident, investigations need to be conducted, including reviewing police reports, witness statements, and accident reconstruction. In some cases, expert testimony may be required to determine the cause of the accident. Accident reconstructionists and accident reconstruction specialists may need to gather additional evidence to build a clear picture of the accident scene. If multiple parties are involved, such as in a multi-car crash, disputes over liability can extend the timeline significantly. Additional accident investigation may be needed.
These complexities often require additional time for the negotiation process. In cases where the parties involved disagree over the distribution of fault, accident injury lawyers can help manage the back-and-forth negotiation process and speed up the settlement. Your attorney will gather the necessary evidence and work with experts to help establish clear liability, speeding up the process once the facts are firmly in place.
2. Severe or Long-Term Injuries
When the injured party suffers severe injuries or faces long-term medical conditions, determining the full extent of damages can take time. Medical evaluations are necessary to assess ongoing treatment and rehabilitation needs, as well as long-term costs like lost wages and future expenses. Without a full understanding of these factors, it’s difficult to offer a fair settlement. This may lead to additional delays in the process.
For injuries that require prolonged or permanent care, the settlement must account for future medical costs and lost earning potential. As a result, both your legal team and medical professionals will need to work together to gather comprehensive information before presenting a final settlement offer. This step ensures that the settlement reflects all costs, including pain and suffering, long-term treatment, and other intangible losses, such as chronic pain.
3. Ongoing Medical Treatment
If the injured party is still undergoing medical treatment, it can also delay settlement. Medical appointments and medical expenses must be accounted for before a final offer can be made. Without knowing the full scope of required treatments or the total cost of care, insurance companies may hesitate to offer a settlement.
Your attorney may recommend waiting until you reach maximum medical improvement (MMI). MMI is the point at which your condition has stabilized and no further significant recovery is expected. Waiting until MMI ensures that all medical costs, including potential future treatments, are considered before accepting a settlement offer. This careful timing can help you avoid future out-of-pocket expenses that might not be covered otherwise.
4. Insurance Company Tactics
Insurance companies often use tactics to delay settlements, such as requesting additional documentation, offering lowball initial offers, or stalling negotiations. Claims adjusters may intentionally drag out the process in the hopes that victims will become desperate and accept a smaller settlement offer to resolve the case quickly.
Having a skilled accident lawyer can help push back on these common tactics used by insurance companies. Your lawyer will ensure that the coverage company adheres to proper protocols and doesn’t use underhanded tactics to delay or undervalue your claim. Ted Law Firm has extensive experience dealing with insurance companies and can effectively handle these challenges to keep your case moving forward.
5. Negotiation Challenges
Settling a personal injury claim is rarely straightforward. Negotiation challenges often arise, especially when both sides have different expectations about the settlement amount. Insurance companies often want to settle quickly and for a lower amount, while you’re aiming for fair compensation that covers all of your damages. This can create additional negotiations that add time to the process.
Your accident team will work to ensure that you receive fair compensation based on the strength of your case. They will use their negotiation skills to advocate for your needs and protect your best interests. A strong negotiation strategy is key to getting the compensation you deserve, and sometimes this requires extra time and effort.
6. The Legal Process and Filing Delays
If the case escalates to a lawsuit, the legal procedures involved can add significant time to the settlement process. Court schedules, filing motions, and awaiting hearings can drag the case out. While this can delay your settlement, it may also lead to a more favorable outcome, especially if it forces the insurance company to take your case more seriously.
The timeline for legal proceedings can vary greatly depending on the court’s calendar and the complexity of the case. If the case is settled before trial, however, it can shorten the overall process. Having a competent car accident lawyer who is prepared for trial but also skilled at negotiation can make a significant difference in the speed and outcome of the case.
7. Third-Party Involvement
Sometimes, third parties like healthcare providers, medical professionals, or government agencies can delay the process. For example, compensation liens or disputes with health insurance providers may hold up the settlement. Hospitals may take time to release medical records, or Medicare may require approval for specific treatments.
In some cases, government agencies may be involved in the process, such as when workers’ compensation or Medicare liens need to be resolved before a settlement can be finalized. Working with an attorney who can coordinate between all parties involved can help streamline this process and avoid unnecessary delays.
8. Legal Review and Approval
Before finalizing a settlement, there may be a legal review or approval process. For example, if minors are involved, the settlement might require court approval. Additionally, if you’re involved in a personal injury lawsuit with complex terms, like structured settlements or annuities, this can add time before you receive compensation. Structured settlements require careful planning and approval, and this can increase the overall timeline of your case.
How Long Do Car Accident Settlements Take?
On average, settlements for minor injuries with clear liability may take 3 to 6 months. For more complicated cases, involving serious injuries, disputed liability, or negotiation disputes, it can take 6 months to 1 year. If the case proceeds to litigation, it may take 1 to 3 years to reach a final settlement.
Each case is unique, and the specific factors influencing your case will determine how long it takes to reach a resolution. While some cases settle quickly, others require additional time to ensure that all aspects of the claim are fully addressed.
How Ted Law Firm Can Help
At Ted Law Firm, we know the frustration that comes with waiting for a fair settlement. We are committed to helping our clients by:
Keeping communication clear and consistent so you’re never left wondering about your case’s status.
Working proactively with medical providers and other parties to collect necessary evidence, ensuring that your case is as strong as possible.
Pushing back against delay tactics from insurance companies and ensuring that your case moves forward, without unnecessary delays.
We understand the importance of getting a fair settlement, and our goal is to ensure that you don’t settle for less than what you deserve.
While settlement delays can be frustrating, it’s important to be patient and allow the process to unfold fully. Rushing to settle early may result in a lowball settlement that doesn’t cover all of your needs. If you’re concerned about your case or the delay in your settlement process.
Ted Law Firm proudly stands with injured pedestrians and their families throughout Charleston, Aiken, Greenville, North Augusta, Myrtle Beach, and even Atlanta,fighting for justice across South Carolina and Georgia. If a serious pedestrian accident has disrupted your life, you can count on Ted Law Firm for compassionate guidance and strong legal support every step of the way.
Ted Law Firm is here to help. Contact insurance today to move your case forward and secure the compensation you deserve.
contact us today for a free consultation.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
