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Home Car Accidents Why Is My Car Accident Settlement Taking So Long?

why is my car accident settlement taking so longAfter a collision, you may wonder, “Why is my car accident settlement taking so long?” The average car accident settlement can take between several months to a year or longer. However, several key factors could affect your car accident settlement timeline, including the severity of your injuries, liability disputes, and negotiation tactics.

If you were in a collision and want to know more about when to expect your car accident settlement payout, contact Younce, Vtipil, Baznik & Banks, P.A. for a free consultation with a knowledgeable and experienced lawyer. We’ll review your case to identify the specific factors that could contribute to your timeline and explain the car accident settlement process so you know what to expect going forward.

Factors That Can Affect the Timeline of Your Car Accident Settlement

There are several factors that can significantly impact how long it takes for your car accident claim to settle. A skilled personal injury lawyer can help mitigate unnecessary delays caused by these factors.

The Severity of the Case

The more severe your injuries are, the more your treatment will typically cost. And the more your treatment costs, the more the at-fault party’s insurance company will try to avoid or reduce their liability.

For example, if you sustained a spinal cord injury, your treatment may involve several expensive surgeries, and you may still be unable to work for the rest of your life. Your medical bills, lost wages, and pain and suffering could add up to a significant sum that the insurance company wants to avoid being liable for at all costs. The harder the insurance company fights, the more obstacles you may have to overcome, which can extend the settlement timeline.

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Length of Medical Treatment

In addition to more severe injuries leading to more expensive treatment, they also tend to lead to longer treatment regimens. Particularly serious injuries may require long-term or permanent medical treatment and care.

Whenever possible, it’s in your best interest to wait to settle your case until you fully recover or reach the point at which further treatment won’t improve your condition. This point is called maximum medical improvement (MMI). Your doctors and lawyer can then better estimate the future treatment you’ll need and its cost, as complications are less likely to arise.

If your injuries require lifelong care, it’s also important to work with an experienced car accident lawyer who can help you seek the full compensation you’ll need to pay for that care.

Gathering Evidence

Any successful car accident claim is built on a foundation of solid proof after a thorough investigation. Evidence your attorney may collect to support your car accident case includes:

  • Accident scene photos and videos depicting vehicle damage, road and weather conditions, and relevant traffic signs and lights
  • Traffic, surveillance, and dashboard camera footage showing the collision taking place
  • Eyewitness statements from other drivers, passengers, and bystanders and the responding officer’s observations from the accident report
  • Expert testimony, such as from medical professionals, vocational experts, and crash reconstruction specialists
  • Medical records detailing the severity and extent of your injuries and the treatments your doctor recommends for them

Your car accident attorney will act quickly to obtain the necessary proof before it’s gone, but some evidence can take time to secure. They may also need time to analyze the evidence and determine what it means for your case.

Establishing Liability

Determining liability is an essential part of any car accident settlement. Before you can pursue compensation, you need to know who is responsible for your injuries. If there are potentially multiple at-fault parties, this process can be time-consuming.

However, North Carolina also follows a pure contributory negligence rule, which could come into play in your case. Under this contributory negligence system, a plaintiff cannot recover compensation through a lawsuit if they were even partly at fault for the accident that injured them.

The at-fault party’s insurance company may try to claim that you were partly at fault and be unwilling to pay for your losses. This is one reason why you need a skilled attorney in your corner. You need someone who can fight for your rights and push back against these claims from the insurance company. However, building a strong case that proves your lack of fault can also take some time.

Negotiations and Litigation

In some cases, negotiating a settlement can be a long process. Typically, the first settlement an insurance company offers is too low. They do this in the hopes that you won’t know what your case is actually worth or will be willing to accept a lowball offer to get money sooner.

Securing a fair settlement may require several rounds of lengthy negotiations, during which your lawyer will argue that it’s in the insurance company’s best interest to settle your case before it goes to trial. If the insurer still doesn’t offer a fair settlement, your attorney can take your case before a judge or jury and seek the maximum compensation you deserve. However, taking a car accident lawsuit to trial is a time-consuming process in itself.

Paying Outstanding Bills

Once a settlement or verdict has been reached, it may still take some time for you to receive the money your lawyer secured. The insurer may need a few weeks to process the funds, and you may have outstanding bills to pay using the money.

The insurer will often pay your compensation to your lawyer, who will take their agreed-upon attorney’s fee. They may then be required to use the money to pay off your medical liens and any other bills you have related to the case. Then, they’ll transfer the remaining funds to you.

Younce Vtipil Baznik & Banks personal injury law team

Contact Our Car Accident Attorneys in Raleigh for Legal Help

If you were injured in a car crash someone else caused, you need the help of an experienced and knowledgeable car accident attorney. At Younce, Vtipil, Baznik & Banks, P.A., our team has over 90 years of combined legal experience. We have secured millions for our deserving clients by offering hands-on treatment, care, and personal attention to every case. Our clients have provided numerous testimonials about our skills, communication style, and dedication.

We have a state-of-the-art case tracking system and staff members who are fluent in English and Spanish ready to assist you. Contact our firm at 919-661-9000 for a free consultation about your case. We’ll do everything we can to care for you and help you seek fair compensation.

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