How long can a car accident lawsuit take? After a car accident, it’s natural to wonder how long car accident lawsuits take. The timeline will depend on the facts of your case. Understanding the typical stages of a car accident claim can help you prepare for the process.
For assistance with your car accident case in Illinois, contact Lloyd Miller Law Group at (773) 838-8100.
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Factors That Impact the Timeline of a Car Accident Lawsuit
Various factors can influence the timeline for car accident lawsuits. Among these, three key factors have a large effect on how long the process may take:
The Willingness of the Parties to Compromise
Negotiations can move quickly when you and the insurance company are willing to compromise. Some insurers recognize that settling early can save costs compared to a lengthy process or trial. You may prefer a quick settlement to cover medical bills or lost income. However, if neither side is open to negotiation, the case must proceed through the full legal process, including a trial.
Disputed Facts
Parties may have differing opinions on fault and the severity of injuries sustained. In Illinois, the apportionment of fault to each party, including your percentage of fault, can impact your compensation amount. Disagreements regarding the severity of injuries will also impact the settlement offer. When disputes arise about either aspect, both parties must gather substantial evidence to support their position, which can delay the process.
The Severity of Your Injuries
Assessing the compensation you might be eligible for in these cases can be complex, often involving lengthy investigations to determine the total value of your damages accurately. Additionally, severe injuries typically take longer to achieve maximum medical improvement (MMI). If your injuries are considerable, you could be entitled to a higher settlement. However, a claims adjuster might tend to dispute your claim rather than offer a fair settlement. All of these can extend the investigation and negotiation processes.
Other elements that can influence the timeline include:
- The insurance status of the defendant and the identity of the insurer.
- The presence of multiple plaintiffs or defendants.
- The complexity of the case.
- The robustness of your evidence.
- The duration needed to achieve MMI.
- Backlogs in the court system.
Timeline of a Car Accident Lawsuit
The length of a personal injury lawsuit can differ depending on the details of your case, typically taking a year or more to reach a settlement or obtain a jury verdict. Car accidents account for 52% of personal injury cases, making them the primary cause. Although the process can be lengthy, filing a lawsuit could be the best approach to obtain full compensation for unpaid medical bills, lost wages, and other damages you have suffered.
In Illinois, mandatory insurance coverage includes at least $25,000 for one person’s death or injury, $50,000 for two or more, and $20,000 for property damage in an accident. As a result, most car accident settlements occur with the at-fault driver’s insurance rather than the driver.
A settlement is an agreement where the at-fault party or their insurer compensates the injured party, allowing them to avoid court and receive payment quickly. Most cases settle to prevent the risk of an unfavorable court ruling, so the process typically revolves around attempting to settle rather than going to court.
Statute of Limitations
It’s important to understand the statute of limitations for motor vehicle accidents in Illinois, which is the deadline for filing a lawsuit. The statute of limitations in Illinois is two years for personal injury claims. Therefore, if you have not settled, you must file a lawsuit within two years of the accident, even if the insurance claim is still getting processed. If you miss the deadline, even by one day, you lose your right to seek compensation.
The Accident and Its Aftermath
After a car accident, help injured individuals and gather evidence such as insurance details, witness contact information, and photos of the scene and vehicles. Notify law enforcement for an official report. Seek medical treatment for injuries and keep copies of all related documents supporting your claim. Wait until you reach MMI before proceeding with your claim to accurately determine its value.
Additionally, hire a car accident attorney for faster case resolution. Having an attorney will speed up the process and ensure that your case is handled correctly from the beginning. An attorney can explain how car accident settlements are paid. They can guide you through the insurance process, gather evidence, communicate with insurers, and assist with settlements or court if needed. It may be helpful to communicate about how much car accident lawyers charge.
These steps may be undertaken immediately and in the days following the accident. Medical recovery and reaching MMI can take from one to twelve months.
Demand Letter
Your lawyer will collect evidence and prepare a demand letter for the at-fault driver and their insurance company. This evidence will include medical records and financial documents to demonstrate your losses. It will also involve interviewing witnesses to capture a complete account of the accident. This information is crucial as it provides proof to support your claim in the demand letter.
Typically, a demand letter, which an attorney usually writes, will include:
- Relevant facts about the incident.
- An overview of your injuries and damages.
- An assertion of fault.
- The amount of compensation you are seeking.
- Any non-monetary compensation requested, such as repairs.
- A warning of your intention to file a lawsuit if you do not receive compensation by a specified deadline.
Gathering all the necessary evidence and drafting the demand letter may take 2 to 6 months.
Response and Negotiations
After you send your letter, you can expect a response from the insurance company within 4 to 6 weeks. They have four possible courses of action. They might accept your claim and provide the compensation, resulting in a settled matter. Alternatively, they may present a counteroffer, which you can accept, leading to the car accident insurance payout and resolution of the issue. There is also the option of outright denying your claim, or they might not respond.
From this point, the situation can unfold in one of three ways. The case is considered resolved if you accept the initial offer or counteroffer. If the insurance company accepts your claim, but you do not agree on the compensation amount, this can lead to negotiations between both parties to reach a settlement figure. Lastly, if an agreement can’t be reached, or if your claim is denied, you might have to initiate legal proceedings. The entire process of responses and negotiations can take 30 to 60 days, or even longer.
File a Lawsuit
If negotiations do not yield results at this stage, your motor vehicle accident attorney will proceed to file a lawsuit. This action starts a completely new process with its own set of timelines. The first step in a lawsuit is to file a complaint, formally initiating the case. Next, the defendant will respond by either acknowledging or refuting the allegations. This is followed by the discovery phase, where evidence is gathered and presented. Ultimately, the case will go to trial. A lawsuit may prolong the process by several months.
Negotiations can continue throughout this entire journey. A settlement can be achieved anytime, even right before the parties enter the courtroom for the trial.
How Consulting a Car Accident Attorney Can Help You Get Timely Results
A car accident attorney can accelerate the process by quickly collecting evidence, timely filing required documents, effectively communicating with insurance companies, negotiating to achieve a swift settlement, and applying knowledge of Illinois law to counteract any delaying tactics. The goal is to build a strong case with well-documented information to avoid delays.
Here are several ways car accident attorneys can help you achieve a prompt resolution in Illinois:
- Investigates car accidents: Swiftly gathering all pertinent evidence, such as police reports, witness accounts, photographs of the accident scene, vehicle damage, and medical records.
- Ensuring prompt communication: Keeping open lines of communication with the insurance company to prevent delays and to present your claim.
- Employing strategic legal tactics: Utilizing their understanding of Illinois law to identify vulnerabilities in the opposing party’s case and effectively counter any delaying strategies.
- Filing paperwork efficiently: Ensuring all necessary legal documents are completed accurately and submitted on time to prevent procedural setbacks.
- Using negotiation skills: Leveraging strong negotiation techniques to secure a fair settlement quickly, instead of prolonging the matter by going to trial unless necessary.
- Clearly presenting your case: Organizing evidence coherently to effectively convey your injuries and damages to the insurance company or court.
When seeking compensation from a negligent party, it’s crucial to have a Chicago accident attorney to help navigate the process. If you or someone you know has suffered injuries in a car accident in Chicago, contact us at Lloyd Miller Law Group for support from our experienced car accident attorneys.
