If you’re wondering why your car accident settlement is taking so long, a Long Island car accident lawyer will explain what factors affect your case’s timeline, such as the severity of your injuries, the evidence-gathering process, liability disputes, the insurance company’s willingness to negotiate, and whether your case goes to trial.
While some things affecting the timeframe are out of your lawyer’s control, hiring an attorney will ensure your claim doesn’t experience any unwarranted delays. We will make the legal process go as smoothly as possible.
- What Factors Affect the Car Accident Settlement Timeline?
- Your Car Accident Attorney Will Ensure the Negotiation Process Goes As Smoothly As Possible
- Your Long Island Car Accident Lawsuit Has a Filing Deadline
- Secure Legal Representation With a Car Accident Attorney on Long Island Today
What Factors Affect the Car Accident Settlement Timeline?
After being injured in a motor vehicle accident, you likely want to receive your settlement as quickly as possible to pay off your medical bills, have your car fixed or replaced, and get your life back to normal again. However, sometimes, the car accident settlement process takes a long time.
It’s understandable to feel impatient, but getting an appropriate settlement for your losses will be worth the wait. If you accept an offer before understanding the complete extent of your damages, you could end up paying for some of your losses out of pocket.
Several factors will affect how long your car accident settlement takes, including:
The Severity of Your Injuries
The settlement process can take longer for auto accident victims who experience catastrophic injuries, such as traumatic brain injuries (TBIs), paralysis, or limb amputations. These types of injuries often require many months or even years of treatment and therapy, and some require a lifetime of care. With such a long recovery process in front of you, it might be difficult for you to estimate the total of your future medical expenses, lost wages, and other damages without assistance.
Since you don’t want to pay for any treatment out of pocket, you might want to wait until you reach maximum medical improvement (MMI) before accepting a settlement offer. This is the point when your injuries are stable and your doctor believes you are not likely to make any further improvement.
The Evidence-Gathering Process
Gathering evidence to prove liability and your damages could be a lengthy process. Our car injury lawyers will need time to collect various forms of evidence, such as:
- Traffic camera and dash cam footage
- Eyewitness testimony
- Photos and videos of the crash site, vehicle damage, and injuries
- Police reports
- Physical evidence from the accident scene, such as skid marks or debris
- Vehicle maintenance records and repair estimates
- Medical records and bills
- Cell phone records (if, for example, you believe the liable party was texting while driving)
In some cases, our lawyers also seek testimony from experts. For example, a medical expert could establish the value of your ongoing medical care-related losses and future pain and suffering. This process can also add to how long it takes to reach a settlement.
Liability Disputes
New York follows a pure comparative negligence law, meaning accident victims can still recover compensation if they are partially at fault for an accident, but their award will be reduced by their percentage of fault. The at-fault party’s insurance company might try to reduce their portion of liability by blaming you for causing or contributing to the crash.
If our car accident attorneys have to dispute liability with the insurance adjuster, the process of securing a settlement could get drawn out.
The Insurance Company’s Willingness to Negotiate
The negligent party’s insurance provider is not likely to make a reasonable settlement offer right away. Insurance companies are for-profit businesses, so their goal is to pay you as little money as they can, or nothing at all if possible.
The greater your damages, the more likely you are to meet resistance. If, for example, your personal injury attorney believes you deserve a high six- or seven-figure settlement, the adjuster will likely push back—multiple times.
The negotiation process could take a long time if the insurance adjuster refuses to make an appropriate offer. However, our lawyers will keep fighting for your rights until we achieve an appropriate deal.
Whether Your Case Goes to Trial
Most car accident claims settle before reaching court, but if the insurer continually refuses to make a reasonable settlement offer, going to trial could be necessary to get the compensation you deserve. A trial could lengthen the legal process significantly.
For a free legal consultation, call (516) 932-0400
Your Car Accident Attorney Will Ensure the Negotiation Process Goes As Smoothly As Possible
If you have our car accident lawyers on your side, we will ensure you avoid all unnecessary delays and errors. While some factors are out of our control, we will still:
- Walk you through the legal process step by step and provide frequent updates on your personal injury claim
- Identify who caused your car accident
- Communicate with the liable parties and everyone else who will play a role in your case
- Gather all evidence necessary to prove negligence and liability
- Thoroughly investigate your case to account for all your losses
- Prevent the at-fault party’s insurance company from delaying your claim unnecessarily
- Negotiate aggressively so you don’t receive less compensation than you need and deserve
- Represent you in court if necessary to achieve the best possible outcome
Your Long Island Car Accident Lawsuit Has a Filing Deadline
According to New York Civil Practice Laws & Rules § 214, you have a limited time to file a personal injury lawsuit after a car crash in New York. You must meet the deadline to preserve your right to go to court if it becomes necessary. If you contact us promptly, our motor vehicle accident lawyers will take legal action before time expires.
(It is also very important to note that a shorter statute of limitations may apply to your situation, depending upon the circumstances of your case. It is best to take advantage of a free case review with our firm so that you know exactly what deadlines you are facing and what your best options for legal action are.)
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Secure Legal Representation With a Car Accident Attorney on Long Island Today
At Friedman & Simon, L.L.P., we have over three decades of successful experience representing injured car accident victims and during that time our car accident lawyers have recovered over $250 million for our clients. We understand that you want your car accident settlement quickly, and we will do everything possible to achieve that goal. But most importantly, we will provide aggressive legal representation and fight for maximum compensation on your behalf.
Contact us today for a free initial consultation. We are happy to answer all your questions.
Call or text (516) 932-0400 or complete a Free Case Evaluation form