How Long Does It Take to Settle a Car Accident Claim?
A car accident claim is a terrifying and traumatic experience, especially when it causes more than property damage to a vehicle but results in serious injuries. Unfortunately, the distress of a car accident in Georgia continues long after the accident when an injury victim seeks compensation for damages like medical expenses, lost earnings, and compensation for pain and suffering, and any catastrophic injury compensation or wrongful death benefits.
Georgia’s fault-based car accident laws require a claimant to prove the at-fault party’s liability and have substantial evidence of their past and future damages to make a successful claim and maximize their financial recovery. Many car accident victims want to know, “How long does the car accident claim process take?”
Understanding the Car Accident Claim Timeline
Most car accident claims are filed directly against an at-fault driver’s insurance, but some may require a lawsuit against another party, such as a negligent road maintenance agency. Insurance companies may reach out quickly with a settlement offer, but often this is done intentionally before the injury victim knows the full extent of their damages. It’s important not to accept an early settlement offer, but to wait for a careful calculation of your current and future damages.
With representation by a skilled car accident attorney in Atlanta, the car accident claim process typically proceeds as follows:
- The insurance adjuster and your attorney investigate all aspects of the accident, with the insurance company’s goal to protect their profits by minimizing their policyholder’s liability and your attorney’s goal to safeguard your best interests and prove the other driver’s liability
- Your attorney examines evidence, photos, videos, and eyewitness testimony and consults with crash forensics experts to make a compelling claim for the other driver’s liability
- The attorney examines your medical records, bills, and receipts, and consults with medical experts to determine your past, present, and future economic damages and an appropriate amount for pain and suffering until you’re expected to reach maximum medical improvement
- The attorney presents their findings to the insurance company in a demand package
- Negotiations begin between your lawyer and insurance company representatives to arrive at a settlement for your damages
Nearly 95% of car accident claims are settled, typically within a period of six months to a year after the accident. Some cases may take longer if the insurance company fails to offer an acceptable settlement.
What If I Have to Go to Court for a Car Accident Claim?
If the case requires a trial, the attorney must file the petition within the state’s statute of limitations, which is two years from the date of the accident in Georgia, except under specific circumstances, such as injuries to minors or the delayed discovery of an injury. A trial takes longer than a settlement, but often ends in a larger award for damages because juries are typically more sympathetic to injury victims. For this reason, most insurance companies try to avoid court and would rather end the case with a settlement.
If you have to go to court for your car accident claim, your attorney will ensure that you are well-prepared and will execute a well-planned legal strategy.
How Can a Car Accident Lawyer Help My Case?
Car accident claims can quickly become complex, especially if an insurance company tries to shift liability to you or delay, dispute, or deny your claim. Call an Atlanta personal injury attorney at Piasta Walker Hagenbush, LLC today for experienced legal counsel to protect your best interests throughout the process of your Georgia car accident claim.