The Basic Steps
One of the first questions I usually receive as a Personal Injury Attorney is how long does an auto accident case take to settle. This is a tough question because every case is unique and there are several stages in the process of building and negotiating a case. However, by understanding the different steps in the process and how long each step can take, a general idea of time based on a case’s facts can be estimated. Before any demand for money can be made, first you must know what your damages are from the auto accident.
Treatment and Property Damage
In order to do this you must first have your car fixed and complete your medical treatment for your injuries. The most common length of treatment for individuals with neck and/or back pain (and no breaks,fractures, or other serious injuries) is 2-4 months of therapy. With more serious injuries, treatment can take a year or more. It is also important to note that you only have 2 years to make a personal injuryclaim, so sometimes, even if treatment is not complete, you must file a lawsuit or make a demand. Once treatment is completed, your attorney will communicate with your treatment providers and secure your medical records and bills. This generally takes 2-3 weeks depending on the volume of requests to the providers at that time.
Demand Phase
Once the bills and records are gathered, the personal injury attorney will put together a formal demand and submit it to the insurance company. It usually takes 2-4 weeks to receive the first response. During that time, the adjuster inputs the information into their system and will analyze your case. After the first offer there is often another few weeks of negotiation. If the end result is a fair settlement offer and both sides agree, a general release agreement is signed by the plaintiff and checks usually go out within a week. Finally, once the attorney receives the monies from the insurance company, he will disperse the funds to the client, treatment providers, and himself for legal fees and costs.
If you have been in an auto accident and have questions, feel free to contact our office at 818-334-5711.