How long does a claim last per claim?

After being involved in a road accident not your fault, you have the right to file a claim for damages. Many victims wonder how long a claim lastsHowever, the answer is not straightforward. It depends on the case, but it usually takes a few months to several years.

Sometimes an agreement can be reached in a few months. But there are also more complex cases that require a lot of work and waiting.

📰 Contents
  1. How long does a claim last per claim?
    1. Factors that influence a settlement program
  2. 1. Determination and Proof of Liability
    1. 2. Extent of traffic accident injuries and other damages
  3. 3. The quality and quantity of evidence of damage
  4. 4. Response time of the insurance company
  5. 5. Negotiation or filing of a lawsuit
  6. How long does a claim last per claim?
    1. Stages of a road accident
  7. How long could you wait for your settlement check?

How long does a claim last per claim?

Factors that influence a settlement program

There are a few factors that can affect how quickly a road accident compensation claim is resolved, including:

  1. Problems in determining and proving responsibility
  2. The extent of injuries and other damages.
  3. The quality and quantity of evidence of damage.
  4. How soon will the insurance company respond to the request
  5. conciliatory negotiation

To understand how these factors affect the moment of a road accidentLet's analyze each of them individually.

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1. Determination and Proof of Liability

If a driver's negligence caused your accident and injuries, they will likely be liable for the damage. However, it is sometimes difficult to prove blame or there is disagreement as to who actually caused the accident.

If you have trouble proving that the other driver was at fault, you may have a hard time convincing the insurance company to make you a reasonable offer. This can slow down the entire complaint process. Fortunately, a traffic accident attorney can guide you on the best path.

2. Extent of traffic accident injuries and other damages

Injury details can also play a significant role in the time it takes to resolve a road accident compensation claim.

If you have serious injuries that you are still receiving treatment for, it can take weeks or even months to fully calculate what your medical harms will be. It may take some time for your doctor to determine how long your recovery will take or how extensive your treatment will be.

Less specific claims can also slow down the process. If you have soft tissue injuries, such as whiplash or generalized pain, the insurance company can give a red flag and request more informationas these types of injuries are often used in fraudulent compensation claims.

Achieve maximum medical improvement

The maximum medical improvement (MMI) is where your condition has improved as expected, even if you have had to receive additional treatment.

It is best to wait until you reach the MMI before solving the case. Otherwise, you or your solicitor will not be able to assign the correct value to your damages. If you try to settle before MMI, you will not be compensated for the additional losses you will face as a result of car accident injuries in the future.

3. The quality and quantity of evidence of damage

Sometimes an injury victim's doctor will have a hard time determining whether their injuries were actually caused by negligence in the accident. If this happens, you can rest assured that the insurance company will use it as a reason to deny compensation for such damages.

You should find a doctor who can testify that your injuries were caused by the negligence of the other driver. This takes longer and can increase the time it takes to reach a fair deal.

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4. Response time of the insurance company

Insurance companies can take their time to respond to a claim, which can be frustrating and make the case last longer. An insurer can delay responding so you get tired of waiting and dropping the case. Although it is also possible that it may take longer to investigate every detail of liability and damage.

5. Negotiation or filing of a lawsuit

Once the insurance company has accepted your request and made you an offer or rejected your request, you need to decide how to proceed. You will be able to:

  • Accept a complaint offer
  • Challenge a denial of claim
  • Reject an offer and negotiate a higher deal
  • Reject the offer and file a civil suit for compensation

It is best to consult a traffic accident attorney before proceeding with the process. They will be able to help you weigh the pros and cons of each and analyze what is best for you.

Of course, accepting a complaint offer will resolve your case as quickly as possible. However, It is not worth it if the offer is much less than what you need to recover your damages. If you appeal or start negotiating a higher deal, the complaint will take longer. And if a civil suit is filed in court, the process will take even longer.

How long does a claim last per claim?

Most car accident cases resolve and do not lead to litigation (the civil trial). However, if there is a dispute about the fault of the accident or the extent of the damage of an injured person, a road accident lawsuit becomes a real possibility. let's see then how long a claim lasts.

The litigation process for each case will differ based on a number of factors, but the following timeline for the personal injury lawsuit provides a rough idea of ​​how long the entire process may take.

Stages of a road accident

  • Step 1: The plaintiff presents the complaint and the lawsuit officially begins.
  • Step 2: The plaintiff will deliver a copy of the complaint to the defendant. This usually takes a few weeks to complete, but can sometimes take several months if the accused is particularly difficult to locate.
  • Step 3: The accused responds to the complaint. Depending on the specific court in which the case is pending, the defendant will have approximately one month to submit his or her response to the plaintiff's case.
  • Step 4: the discovery takes place. Each party will request and exchange information that could serve as potential evidence to the process. Discovery almost always takes at least a few months to complete, but can sometimes take up to a year or more.
  • Step 5: The car accident test takes place and usually only takes a day or two to complete.
  • Step 6: possible appeal. If one of the parties is not satisfied with the outcome of the trial, an appeal can be made. There are several levels of appeal. Even one level of appeal could add several years to the length of a case.

The above timeline actually excludes several stages of the litigation which can add several extra months to the overall process of the road accident case. For example, before the defendant responds to the case, he may file a motion of rejection in an attempt to win the case before having to file an answer. Or, once the discovery is complete, but before the trial, one of the parties can try to win the case by filing a summary motion for judgment.

From start to finish, A traffic accident lawsuit will likely take at least a year to complete, assuming it goes to trial and there is no appeal. But just because a road accident lawsuit has started means it will be completed. Indeed, it is highly unlikely. It often happens that, at some point in the process, the case is resolved before the trial.

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How long could you wait for your settlement check?

If you and the insurance company can reach a fair deal, the process of receiving the check usually takes four to six weeks.

The insurance company will ask you to sign a form that officially resolves the claim and states that you are waiving any right to sue the driver or other party who caused your injuries.

Once you submit the release and the insurance company receives it, they will pay the amount of money you agreed. The amount is usually sent to the car accident attorney by check. Once the legal fees have been deducted, you will receive a check with the remaining balance.

If you want to discover other articles similar to How long does a claim last per claim?, you can visit the Last News category.

Nathan Hamilton

Nathan Hamilton

Nathan is a car enthusiast and industry professional with decades of combined experience in the automotive sector. Along with his team of writers and researchers, all passionate about automobiles, he is committed to delivering reliable and relevant content that ranges from detailed insurance guides to maintenance tips and much more.

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