Most car accident victims anxiously await their settlement check, as this money is needed to replace or repair their damaged vehicle, pay their outstanding medical bills, and catch up on other expenses they incurred due to missing work to heal from their accident injuries.
However, the length of time between filing a claim and receiving a check can vary depending on the value of the proposed settlement amount and whether you will require additional medical treatment. An experienced car accident lawyer in Columbus, GA, can help you get maximum compensation in your car accident claim and expedite the process with the insurance company.
How long does a car accident case take to resolve in Georgia?
Several factors influence both the timeline and the potential settlement amount in Georgia car accident cases.
The severity of your injuries
You’re entitled to claim damages for all necessary medical treatment, both the immediate post-accident care and any future medical needs. Often, car accident attorneys will wait until their client has reached maximum medical improvement to file the claim. This gives them a more accurate value of medical damages, and whether any long-term care is required (like a nursing home stay).
You can file a lawsuit before you reach maximum medical improvement (MMI), especially if the statute of limitations is fast approaching. Your lawyer may have an economic expert and a medical expert weigh in as expert witnesses to better approximate your long-term cost of care. Your medical records play a vital role in determining your settlement amount.
The extent of your damages
High-value claims typically take longer to settle than lower-value cases. Insurance companies closely scrutinize claims over $100,000, so your lawyer’s case must be solid and based on strong evidence to withstand heavy scrutiny. Building a strong case for higher-value claims may take longer than for clear-cut, lower-value cases.
Whether the insurance company disputes or denies your claim
If the insurance company denies its client’s liability in the case, it can take a lot longer to resolve. Denial of your claim outright often means that the case proceeds to litigation, and a trial jury will decide the matter.
The insurance company may accept that their client, the defendant, is liable for the wreck, but may dispute the amount of your damages. In these cases, your lawyer and the defendant’s lawyer may dicker for a while to reach an acceptable compromise for your settlement. Negotiations can take time, but not as much time as waiting for a trial to conclude.
Whether the case proceeds to trial
Police reports can be used as evidence in car accident claims, per Georgia’s hearsay exception for reliable law enforcement officials. If the responding officer’s testimony clearly indicates that the other driver is at fault, and the insurance company believes that there’s a good chance they will lose at trial, then they may be more likely to settle.
However, anything can happen at trial. A jury may find in favor of the defendant, even if you and your lawyer present an impeccable case. In general, though, insurance carriers typically prefer to settle unless there is an extremely good chance they will win the trial.
What happens if my car accident claim goes to trial?
If negotiations fail, it could be months before your case goes to trial, depending on the court’s docket and how long the discovery phase takes.
Other factors that can affect trial length include:
- The severity of the accident and your injuries
- The number of parties involved
- Investigation and discovery
- The amount of compensation requested
- Various trial proceedings
Trial may delay your compensation by a year or more, even if you win
Dealing with delays by the insurance company
Insurance companies operating in Georgia are required to act “reasonably promptly” in investigating car accident claims and deciding whether to settle the matter. So, an insurance company cannot drag its feet forever, but many times, it will try to delay the process, hoping that you’ll give up.
This practice is more common for victims who don’t have a lawyer; hiring an attorney shows the insurance company you’re serious. And, a lawyer knows exactly how swiftly insurance carriers are required to respond, and will press them to complete their investigation within a reasonable time frame.
Experienced car accident attorneys also know how to properly value your claim, and will advise you if an offer is too low. They can help you pursue fair compensation and overcome common delays in receiving a settlement.
Next steps when your settlement is taking too long
Waiting on a car accident settlement can be frustrating. The longer it takes, the more important it becomes to have an experienced advocate who can push for fair compensation and make sure your claim is handled efficiently.
A knowledgeable Columbus car accident attorney can evaluate your case and challenge the delay tactics often used by insurers. Don’t wait to take control of your recovery. Call Fox Injury Law today at (404) 777-7778 or contact us online for a free consultation with an experienced personal injury attorney.
