It can take anywhere from a few months to several years to settle a car accident claim after an accident in Georgia. That timeline can seem unreasonable when you have pressing medical bills and property damage to address.
Fortunately, an Atlanta car accident lawyer can help you minimize the time it takes to settle your claim. A lawyer can review the facts of your case and offer legal advice as you strive to secure compensation from an at-fault driver.
A lawyer may also help you explore other options if the insurance company stalls during settlement negotiations or fails to offer enough money to cover your losses.
How Long will Your Car Accident Claim Take to Settle?
The time it takes to settle after a crash will vary greatly. Several factors can contribute to your settlement timeline. Complications that can influence how fast your car accident claim settles include:
- Issues with determining and proving liability
- The extent of your injuries and other damages
- The medical treatments needed to restore your previous quality of life
- The quality and quantity of evidence of your damages
- How soon the provider responds to your claim
- The amount of settlement negotiation involved
- Whether or not you hire an experienced car accident lawyer
So, how long will your car accident claim take to settle? The total time you have to wait for compensation will depend on the above factors, but sometimes, the process takes a year or more.
Working with Atlanta personal injury lawyers after a motor vehicle accident tends to expedite the process through which you can reach a settlement agreement with a liable party. You can reach out to an experienced car accident attorney to minimize the time you have to wait for compensation.
An attorney can assess the negligence that led to your accident before estimating the value of fair compensation.
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You Must Submit All Your Medical Documentation Before Your Case Can Settle
To have the best idea of how much you, as an accident victim, deserve in compensation, your attorney must have all your relevant medical documentation. Only once an Atlanta personal injury attorney has all your records, including medical bills and receipts for prescriptions and care, can they determine what compensation you may demand from an at-fault party.
Medical records also prove the extent of your injuries. If you claim to have a severe injury but don’t have the documentation to back it up, you may receive less than you’re entitled to, or the insurance company could deny a damages award entirely.
You have the right to file a personal injury claim for compensation if you get hurt in an auto accident that isn’t your fault. You can immediately act against the at-fault driver by contacting a lawyer for help.
Complications that Can Affect when Your Case Settles
The time it takes your case to settle could be longer if certain factors exist that could complicate matters. Some of these factors can include:
- A more severe personal injury with an uncertain projected treatment plan and recovery
- Little to no proof of liability
- The wrongful death of a loved one
- Multiple negligent parties, such as a truck driver and their employer
If any of these factors apply to your case, seriously consider hiring an attorney to help you. A lawyer can help your case progress more smoothly and ensure you do not leave any damages out of your claim to which you would otherwise be entitled.
A local law firm can help with all steps of the settlement process and explain how long a car accident claim takes to settle in Georgia. If you are wondering when to hire an attorney after a car accident, the professionals recommend getting assistance immediately.
How Do You Determine and Prove Liability?
If a driver’s negligence led to your accident and injuries, they are likely liable for your damages. However, sometimes liability is challenging to prove. Liable parties may also argue against accusations of fault, making the question of who’s to blame for your accident all the more complicated.
The first step you and an experienced attorney can take to establish auto accident liability is to return to an accident scene. There, you can find debris and video footage depicting your accident. You can then reach out to bystanders for witness testimony.
A law firm can additionally call on expert witnesses so that they can contribute their expertise or documents, like police reports, to your case.
Why does Liability Matter?
Proving car accident liability helps you meet the state’s burden of proof, making winning a reasonable settlement offer from a relevant insurance provider easier.
If you don’t have the evidence you need to demand a fair accident settlement, your claims process may slow to a crawl. Fortunately, our experienced car accident attorneys can expedite your financial recovery with consummate investigative services.
Determining Compensation for Your Injuries from the Car Accident
The details surrounding injuries can also significantly affect how long a car accident claim takes to settle.
If you have serious injuries that you are still receiving treatment for, it may take weeks or even months to fully calculate your medical damages. It might take a while for your doctor to determine how long your recovery will take or how extensive your treatment will be. Your lawyer will need to know this information will account for all your damages in your claim.
Less-specific injury claims can also slow down the process. Suppose you have soft-tissue injuries, such as whiplash or generalized pain. In that case, the insurance company may raise a red flag and require additional information, as fraudulent claims may involve these injuries.
Maximum Medical Improvement (MMI)
Maximum medical improvement (MMI) is when your condition has improved as fully as expected, even if you were to receive further treatment.
It’s best to wait until you have reached MMI before settling your case. Otherwise, you and your lawyer won’t be able to put the most accurate value on your damages. If you try to settle before reaching MMI, you won’t receive compensation for any additional losses you face from your car accident injuries in the future.
An Expert Can Help You Prove Your Damages were Related to Another’s Negligence
Sometimes, an injury victim’s doctor will have trouble determining if their injuries came from negligence in the accident. If this happens, you can bet the insurance provider will use it as a reason to deny compensation for those damages.
Your lawyer may suggest that you look for a doctor who can testify that the other driver’s negligence caused your injuries. This process takes extra time and can increase the time needed to reach a fair settlement.
The Insurance Company Can Take Forever to Respond
Insurance companies may take their time responding to your claim, which is frustrating and will make the case last longer. An insurer might delay responding because they hope you will get tired of waiting and drop the case.
Or, if you have a lot of damages, they might take extra time to investigate every detail of liability and damages. A lawyer can explain and counter the 10 tactics insurance companies use to deny and devalue car accident claims, all of which can increase the time it takes to settle.
Settlement Deadlines
Insurance companies in Georgia do have strict deadlines on personal injury claims. They have:
- 15 days to acknowledge they received a claim
- 15 days after the filing of the claim to send proof of loss (with instructions for filling it out)
- 15 days to accept or deny a claim after receiving the proof of loss
- 60 days from the notice of the claim to make a final decision to accept or deny a claim
- 10 days from when they notify you that they have accepted your claim to pay
A skilled car accident lawyer can provide more information about these deadlines and the auto accident settlement process.
When to Negotiate and When to File a Lawsuit
Once the provider has either accepted your claim and made you an offer or denied your claim, you must decide how to proceed. You can either:
- Accept a claim offer
- Appeal a claim denial
- Reject the offer and negotiate for a higher settlement
- Or reject the offer and file a civil lawsuit for compensation
Consult with a car accident lawyer before moving forward at this step. They can help you weigh the pros and cons of each and discuss what is best for you.
Accepting a claim offer will settle your case in the least amount of time. However, it’s not worth it if the offer is far below what you need to recover your damages. The claim will take longer if you appeal or begin negotiating for a higher settlement. And if you file a civil suit in court, the process will take even longer.
What Happens if the Insurance Company Denies Your Claim?
A lawyer can explain your legal options when a car accident claim is denied. In some cases, you can appeal a denial. In other circumstances, you may need to proceed with a personal injury lawsuit to secure fair compensation.
Phases of a Car Accident Lawsuit
If you and your lawyer decide to proceed to civil court, you will need to do a lot of preparation for the various stages:
- Sending a demand letter
- Discovery
- Pre-trial
- Trial
- Post-trial
There are further opportunities before trial to reach a satisfactory agreement for both parties, but the case will go to trial if that doesn’t happen. The process can take anywhere from several months to up to several years, depending on the details of your case.
How Long It Takes to Get Your Settlement Check Can Vary
If you and the insurance company can agree on a fair settlement, you will typically receive your check in four to six weeks.
The provider will have you sign a release form. Signing the form officially settles the claim and states that you are giving up any right to sue the driver or another party who caused your injuries.
Once you send the release and the insurance company receives it, they will pay the amount you agreed on. They usually send the money by check to your car accident lawyer. After the law firm deducts lawyer fees from the payment, you will receive the remaining balance as a check from your lawyer.
Get a Free Consultation with an Atlanta Car Accident Attorney Today
How long does a car accident claim take to settle? The process may take anywhere from a few months to more than a year. Working with experienced lawyers can help expedite the settlement process.
Need help with your car accident claim? At John Foy & Associates, we can help! We know how car insurance companies handle car accident claims in Georgia, and our experienced and compassionate car accident lawyers will represent you at every step of the process.
Based on the specifics of your case, it can also help you get a good idea of how long your claim may take to settle. Contact us today to discuss the details with a free consultation.
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