Each car accident case is different. There are many factors to consider when determining how long a car accident claim takes to settle. The process can be as short as a few weeks if all parties are willing to negotiate, and things go smoothly. However, the process can also be lengthy, depending on the parties and circumstances involved in the collision.
Your recovery period and the cooperation of all involved parties all play into the time it takes to recover compensation for a car accident.
Considerations in Your Car Accident Case
There are a few factors to consider when trying to estimate the amount of time it takes for a car accident claim to settle.
Some considerations that may affect the duration of your personal injury claim include:
The Cost of Your Damages
The cost of your damages is a significant element that will factor into how long it takes for your car accident claim to settle. You may even incur ongoing expenses that add to the cost of your damages.
The State’s Personal Injury Statute of Limitations
In New York, according to Civil Practice Law & Rules (CVP) §214(4), you typically have up to three years to file a lawsuit following a car accident. If the statutory deadline is approaching, then the insurance company may purposefully drag out your claim so that your case becomes time-barred. When you work with a lawyer, they can work on filing your lawsuit within the state’s statute of limitations, if appropriate. They can also work to counteract any unscrupulous strategies that the insurance company may employ.
Negotiations and Trial
Some claims end up going to trial. This can potentially lengthen the duration of your case. If you and your lawyer can negotiate with the parties involved without going to trial, you may not have to go through the litigation process. Yet, this all depends on a variety of factors specific to your case.
Potential Delays to Your Car Accident Case
The claims process may go smoothly, but there could be potential delays ahead. A lawyer can work to address any complications that threaten your case’s resolution.
Potential challenges can include:
If the parties involved cannot agree on a fair settlement, the claims process can take a while. Going back and forth with the involved insurance companies can be a time-consuming process.
One possible delay involves how your body responds to treatment. You do not want to accept an insurance settlement if the cost of your damages is still evolving.
For instance, let’s say that you suffered whiplash in a car accident. According to Healthline, it can take an injured person up to three months to recover from whiplash. During this time, you may try different medications and procedures to address your condition.
Without knowing the true cost of your medical expenses, you cannot know what constitutes a fair settlement offer. While waiting for your condition to stabilize, the claims process may come to a standstill, potentially lengthening the duration of your case.
New evidence such as eyewitness statements, medical documentation, and newly discovered damages can be brought to light after a claim has already been filed. This can cause further delays when settling a case.
Recoverable Damages in a New York Car Accident Claim
You may be wondering what types of damages you can recover through legal action. The types of damages that are available to you will depend on the severity of your injuries, the extent of your vehicle’s damage, and the impact that the collision has had on your quality of life.
Some damages that you may be able to recover include, but are not limited to:
- Pain and suffering
- Property damage
- Medical bills
- Lost wages
- Reduced earning capacity
You may be eligible to recover compensation for items not included here.
Call the Law Office of Cohen & Jaffe, LLP
So, while we cannot say how long it takes for a car accident claim to settle, we can provide clarity into what a car accident lawyer can do for you.
- Handle all communications between the involved parties
- Calculate the cost of your damages
- Evaluate the impact of your accident on your life
- Review the details of the involved insurance policies
- Assign fault and liability to the appropriate parties
- Gather evidence to support your account of events
- Explain the process of filing an insurance claim or lawsuit
- Represent you in court
The Law Office of Cohen & Jaffe, LLP can employ legal measures to settle your car accident case. They can also calculate the cost of your damages so that you are left with no out-of-pocket expenses.
You can learn more about the services our team provides by calling (516) 358-6900.
For a free legal consultation, call 516-358-6900