How long is the compensation process in a car accident?

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Last Updated on June 4, 2022 by John Robinson

Car accident settlements are often complicated due to multiple parties involved in them. Ideally, a car accident case must be settled between both parties before the trial starts. However, it may take days, weeks, and years if both parties are not able to arrive at a mutual decision and opt for a lawsuit. Legal proceedings and court trials are lengthy, demanding a lot of time and effort. 

Hiring an experienced lawyer  is one of the wisest choices. An injury attorney with prior experience in handling car accident cases is aware of the settlement process and legal bindings. The attorney can represent your interest in the best form and help you to get the desired compensation. 

Nevertheless, an understanding of the compensation process can help you to comprehend the process and make informed selections:

  1. The demand letter: A demand letter is an opportunity to present the case to the insurance company. The letter consists of all the details prevalent in the car accident. A demand letter is an elaborate narration of the car accident. It must be drafted with lots of agility and attentiveness. You should make sure your demand letter presents all the facts and figures correctly.

    Details such as the severity of the injury, medical expenses, and treatment process should be a part of the demand letter. The demand letter must also state the amount of compensation. It is recommended to mention a higher amount initially than the actual settlement to have some room for negotiations.  A consultation with Rosenfeld Injury Lawyers can enable you to arrive at a fair and justifiable compensation amount. 
  2. Mediation: Generally, insurance companies respond to the demand letter with a compensation offer. This offer is usually lower than the amount mentioned in the demand letter. The applicant can either agree or file a reiteration to counter the offer. You should mention the facts and figures that make your case strong and justify the compensation amount.

    A revised draft of the demand letter can be sent with a price lower than the originally quoted for mediation. If the insurance companies agree with the offer made, you can go for the mediation and involve attorney in drafting settlement papers.
  1. Settlement Papers: Settlement papers are the official documents mentioning the accepted offer from both parties. The attorney must prepare the settlement papers and get them signed by both parties. An insurance company will release a check in a few weeks to shut down and settle the case. 

Factors affecting the compensation and settlement process

  • The representation of the case: Well, one of the factors that affect the compensation process is the involvement of a qualified attorney. If you are self-representing your case then, it may take a while to settle the case. Moreover, an injury attorney is highly experienced and has immense knowledge of the settlement and compensation process. The valuable advice and suggestion from the injury lawyer can enable you to draft an error-less and reflective demand letter.
  • The actual accident: The compensation depends upon the actual accident. The driver at fault is most likely to settle the case. However, if there is any dispute then, an investigation can be demanded leading to a delay in the compensation process.  An attorney can thoroughly analyze the case and even collect the evidence to build a strong case and fetch the best possible compensation. 
  • Injuries: Settlement depends upon thru injuries suffered in the car accident. If the victim has suffered minor injuries the insurance company may settle the case quickly. But if the injuries are severe then, there can be extensive medical documentation and treatment process leading to delay in the compensation process.
  • Dispute:  The time needed to settle the car accident compensation case depends upon the mutual consensus of the parties involved in the case. If the parties are not in agreement, then, the mediation and settlement process may take a long time.
  • Court: The court trials are lengthy and complicated, filing a lawsuit for a car accident can be time-consuming. The court’s ability to schedule the trials and hearings plays a vital role in determining the time that will be required to settle the case. 

THE KEY TAKEAWAY

There is no fix or average time for the settlement of a car accident case. The above-mentioned factors affect the compensation process. It is imperative to partner with a reputed law firm to get the desired outcome and maximum compensation amount without much hassles.

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