Being in a car accident in Nashville, TN can bring uncertainty. You may worry about medical bills, car repairs and whether you can return to work or what your future looks like. When you’re counting on the settlement proceeds, it’s only natural to wonder how long the legal process will take. An experienced car accident lawyer can guide you through this process.
Some cases may settle in weeks or months, while others take years to resolve. The timeline depends on many factors, including how badly you were hurt and whether you need to go to court. Here’s what you can expect.
The Typical Car Accident Claim Timeline
While every case differs, most car accident claims follow a similar process.
1. Medical Treatment and Documentation
Your health should always come first. After a crash, you’ll need time to receive treatment. It’s best to avoid settling your claim until you understand the full impact of your injuries.
Waiting until your condition is stable may extend your case, but it ensures you account for all expenses and long-term needs. Settling too soon could mean missing complications like chronic pain. During this time, your attorney will gather evidence to build your claim.
2. Initial Claim and Insurance Investigation
After making your initial claim, the insurance company will conduct its own investigation. They’ll review the police report, evaluate medical records and assess other documentation. This step usually takes a few weeks, but it may take longer if the fault is disputed.
3. Liability Determination and Initial Offer
Establishing who caused the crash is key to determining liability for damages. This step can delay the process if the other driver denies responsibility or multiple parties are involved.
Insurers often try to shift blame. They may look for any excuse to assign partial fault. For example, if a driver backed out in front of you, they might argue you didn’t react fast enough.
The insurer may take weeks or months to investigate your claim. After that, they’ll make an initial settlement offer.
4. Settlement Negotiations
The initial offer you receive from the insurance company will likely be lower than your case is worth. If the offer isn’t fair, your lawyer will respond with a counteroffer. They may also submit additional evidence and an argument against the insurance company’s claims.
Most car accident cases settle out of court. Once both sides can agree on damages and liability, a settlement agreement is prepared and signed.
5. Filing a Lawsuit (If Needed)
If negotiations fail, your attorney may file a personal injury lawsuit. Lawsuits can extend the timeline by a year or more. Complex injury cases may take even longer, especially if they reach trial.
A settlement will probably still be reached after a lawsuit is filed. Only four to five percent of personal injury cases filed in court make it to trial. During the pre-trial discovery phase, both parties exchange information through document requests, depositions and interrogatories.
Because both sides gain greater insight into the other’s position, discovery can restart negotiations that have stalled.
Factors That Affect How Long a Car Accident Case Takes
Here are major factors that may affect the length of the legal process:
- Severity of injuries: It may take months to receive medical care and assess the long-term effects of serious injuries. The more serious the injuries, the greater the damages and the evidence needed. Insurance companies are more likely to fight cases involving life-changing or catastrophic injuries.
- Disputes over fault: Investigations and negotiations can drag on if the other driver denies responsibility or if multiple drivers are involved. Accident reconstruction experts may be needed to prove liability.
- State laws: Depending on the state, insurance companies may have a limited time to accept or deny a claim and respond to communications. You will also have a deadline, or statute of limitations, to file a lawsuit if necessary.
- Court backlogs: If your case goes to trial, it may take additional time due to a crowded court schedule. Some courts have backlogs that delay hearings by months.
Straightforward cases may settle within three months, but disputed liability and other issues may add months to the timeline. The legal process may take more than a year when injuries are severe.
What You Can Do to Speed Up the Process
There are some steps you can take to help move your case along:
- Seek medical care immediately and follow your treatment plan
- Gather evidence early, including photos, police reports and witness statements
- Keep detailed records of medical bills, lost wages and other expenses
- Avoid posting on social media about your accident, as insurers may use your posts against you
The legal process after a car accident can take anywhere from a few months to several years, depending on the complexity of the case. Working with an experienced car accident attorney helps protect your rights and keeps your case on track. They’ll meet deadlines, build your case and negotiate a fair settlement.
Chad Meyers is the founding attorney of Meyers Personal Injury Law, a personal injury law firm based in Nashville, TN. He believes in a personalized approach to each case and is dedicated to helping injury victims across Tennessee. Contact our law office in Nashville for a free consultation.
