How Long Does a Car Accident Settlement Take?
Request Free ConsultationCar accidents turn your life upside down in an instant. The aftermath is often overwhelming, especially if you or a loved one has been seriously injured. You might be dealing with medical bills, vehicle repairs, lost wages, and emotional distress.
Most of our car accident clients at Fuicelli & Lee come to us uncertain about the future. One of the questions clients often ask is, “How long does a car accident settlement take?”
While that answer can vary widely from case to case, an experienced Denver Car Accident Attorney can answer this question, and many others, with consideration to your unique case.
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Denver Car Accident Guid
- Why Your Car Accident Claim Matters
- Steps to Take After a Car Accident
- Factors That Could Delay Your Car Accident Settlement
- Why Can’t I Settle My Car Accident Claim Without a Lawyer?
- Supporting Your Car Accident Claim for a Quicker Settlement
- Contact Fuicelli Lee Today
Why Your Car Accident Claim Matters
Every year, thousands of individuals in the Denver area experience the shock and distress of a car accident. The physical injuries and emotional trauma can be immense, compounded by the financial burden of medical bills and lost income.
The Denver Region Council of Governments (DRCOG) says traffic crashes are a major safety problem in the Denver area. Every day in the Denver region, there are about 220 traffic crashes. These crashes injure about 70 people each day and kill four people every week in and around the city.
The toll these car accidents take on individuals is immense, and so is the ripple effect they create in our community. Each person injured or killed in a Denver car crash represents entire families that may face financial hardship, emotional trauma, and sometimes deep grief.
The inability of many accident survivors to return to work and the loss of precious individuals put an immense economic burden on our community in missed work and lost human resources.
We strongly believe in holding those who negligently harm others accountable. Justice and full, fair, and complete compensation are often the only path forward for families after a serious car accident.
Steps to Take After a Car Accident
Understanding the general timeline of a car accident settlement can help clear some of the fog from the legal challenges you face and alleviate some of your anxieties. Our job is to make sure you get all the compensation you deserve as quickly as possible, making it as easy on you as we can.
Let’s break down the usual steps to better understand how long it takes to settle a car accident claim. Every case is different, and circumstances can change, so the time it takes to settle a car accident claim can vary widely.
Medical Treatment and Recovery (Immediately to Several Months)
Your health and well-being are the most important considerations. Seek medical attention immediately after an accident, even if you feel fine. Some injuries may not manifest symptoms right away. Seeking medical attention immediately after a car accident, even if you feel okay, also shows that you were concerned about potential injuries.
Thorough documentation of your injuries and treatment is also crucial, as it directly impacts your claim. Depending on the severity of your injuries, recovery can take anywhere from a few weeks to several months or more.
Hiring a Denver Car Accident Attorney (Immediately to 1 Week)
Once you address your immediate medical needs and can seek help, consult an experienced and top-performing Denver car accident attorney as soon as possible. Your lawyer will guide you through the process, explain your rights, start gathering important evidence, and answer any questions you may have about your claim. This step can take up to a week.
Investigation and Gathering Evidence (1 to 8 Weeks)
Your attorney starts by collecting evidence to build a strong case. This includes obtaining police reports, medical records, witness statements, and possibly hiring accident reconstruction experts.
We may also visit the crash site and gather any photo or video evidence that supports your claim. Depending on the complexity of the accident and the availability of evidence, this investigative phase can take up to eight weeks.
Filing the Insurance Claim (Variable)
With all necessary evidence in hand, your attorney will open a claim with the at-fault party’s insurance company. We wait until you finish treatment for your injuries or the statute of limitations approaches, whichever is sooner, before we submit our demand. The insurance company will review the claim, assess the evidence we provided and evaluate the demands we make for liability and damages. This process can take time, but we keep you informed so you can anticipate how long it may take to resolve your claim.
Insurance Company’s Initial Response (3 to 6 Weeks)
After we file your claim, the insurance company usually responds within three to six weeks. They may accept the claim, deny it, or request additional information. This period can be stressful as you await their response, but your attorney will actively follow up to ensure a timely reply.
Negotiation Phase (2 to 6 Months)
If the insurance company accepts the claim, negotiations for a fair settlement begin. This can take anywhere from two to six months, depending on the willingness of the insurance company to cooperate and the complexity of your case.
Your car accident attorney will work to secure a settlement that covers all your damages, including medical expenses, lost wages, pain and suffering, and any future costs related to your injuries.
Reaching a Settlement Agreement (1 to 2 Weeks)
Once both parties agree on a settlement amount, we draft and sign the deal. This process usually takes one to two weeks. After signing the agreement, you can expect to receive your settlement check within a few weeks, concluding your claim process.
Litigation (Several Months to Years)
If the defendant’s insurance company refuses to settle your case for a fair amount, we are prepared to take your case to trial. Litigating your car accident claim significantly extends the timeline, potentially taking several months to years to resolve.
Your attorney will draft a lawsuit for you and prepare your case for trial.
This phase would involve discovery, depositions, and pre-trial motions. While litigation can be lengthy and complex, it’s often necessary to ensure you receive the compensation you deserve.
Factors That Could Delay Your Car Accident Settlement
Understanding the factors that could delay your car accident settlement can help you prepare for the potential hurdles ahead. Here are some key reasons why the process might take longer than expected:
The Severity of Your Injuries
Severe injuries typically require extensive medical treatment and a longer recovery period, which would likely extend the time it takes to settle your car accident claim. Accurate assessment of all medical expenses and long-term care needs is essential to ensure they are included in the settlement.
Catastrophic injuries, such as spinal cord damage or traumatic brain injury (TBI), can require multiple surgeries, prolonged rehabilitation, and continuous medical monitoring, which can significantly prolong the settlement process.
Disputed Liability
Disputes over liability and share of blame for an accident often lead to prolonged investigations and negotiations. When both parties disagree on fault, they must gather comprehensive evidence, including police reports, witness statements, and expert testimony.
If we cannot reach an agreement through negotiation, the dispute may escalate to litigation, further extending the timeline.
Insurance Company Delays
Insurance companies sometimes employ tactics to delay the settlement process or to minimize their payout. They might request additional documentation, repeatedly ask for more information, or slow down their response times.
These delays can be frustrating and prolong the overall process. Insurance companies may also challenge the validity of your claims and require additional evidence. Sometimes, they may even require independent medical examinations. An aggressive and skilled car accident attorney can counter these challenges and keep the process on track.
Need for Litigation
Litigation always extends the amount of time it takes to resolve a claim. Court schedules are usually full for months, so many months may pass before your case goes to trial. Even active court cases can take several months to resolve.
Why Can’t I Settle My Car Accident Claim Without a Lawyer?
Never settle your car accident claim without legal representation, doing so is not a good approach. Never accept a quick settlement offer from the insurance company, even if you’ve lost work and unpaid bills are piling up.
However, settling with the insurance company on your own could cost you significantly in the long run.
Insurance companies are in the business of minimizing payouts. When you’re unrepresented, they often present lowball offers that fail to cover all of your damages, medical expenses, lost wages, and potential future costs related to your accident. Without understanding the true value of your claim, you risk accepting much less compensation than you need.
An experienced Denver car accident attorney will give your case several advantages, including:
- Accurate claim valuation: Your lawyer will properly assess all aspects of your damages, including future medical needs and long-term impacts
- Skilled negotiation: Attorneys are trained to negotiate effectively with insurance companies, often securing much higher settlements.
- Knowledge: Your car accident lawyer understands the relevant laws and regulations that apply to your case and can navigate the legal system efficiently.
- No upfront costs: Fuicelli & Lee works on a contingency fee basis, meaning you only pay if we win your case.
- Peace of mind: Having a professional handle your claim allows you to focus on recovery.
While settling without a lawyer is possible, it often results in significantly lower compensation. For the best outcome, consult an attorney before making any decisions about your claim.
Supporting Your Car Accident Claim for a Quicker Settlement
You can take several measures to support your car accident claim and potentially speed up your settlement. A little organization, diligence, and cooperation can go far to help your case.
Some steps that can support and potentially quicken a settlement include:
Seeking Immediate Medical Attention
After a car accident, prioritize your health by seeking medical attention immediately. Prompt medical treatment not only ensures your well-being but also provides an important record of your injuries. Keep detailed records of all medical visits, treatments, prescriptions, and all recommended follow-up care.
Give Your Lawyer Any Evidence You Collected
Document the accident and its aftermath. If you took photos or videos of the accident scene, your injuries, and any damage to your vehicle, give those to your lawyer as soon as possible. Also, provide your lawyer with any witness information and a copy of the police report if you have one.
Journal Your Recovery
Maintain a detailed journal of your recovery, noting how your injuries affect your daily life and any changes in your physical or emotional well-being. Have your injuries affected your family, job, or your usual recreational activities and hobbies? Entries about your pain levels, emotional state, and quality of life after the accident strengthen your claim and may hasten the settlement process.
Keep a Record of Expenses
Track all expenses related to the accident, including medical bills, vehicle repair costs, transportation expenses for medical visits, and any other out-of-pocket costs. Also, document any lost wages due to missed work. Keeping a detailed record of your financial losses helps ensure that you receive compensation for all accident-related expenses.
Communicate Promptly with Your Attorney
Regularly communicate with your Denver car accident attorney and promptly provide any requested information or documentation. Timely communication lets your attorney address any issues quickly and keep the settlement process moving forward. Be honest and forthcoming about all aspects of the accident and your injuries to enable your attorney to build the strongest case possible.
Avoid Social Media
Be careful about what you post on social media after your accident. Insurance companies often monitor claimants’ social media accounts for any information that could be used against them. Avoid discussing the accident, your injuries, or your legal proceedings online. Even seemingly harmless posts can be misinterpreted and used to undermine your claim.
Follow Medical Advice
Adhere to your doctor’s recommendations and follow through with all prescribed treatments and rehabilitation. The insurance company can use your failure to follow medical advice to argue that your injuries are not as severe as claimed. Keeping up with your medical care demonstrates the seriousness of your injuries and your commitment to recovery.
Contact Fuicelli & Lee Today
At Fuicelli & Lee, we understand what you’re going through, and we’re here to help. Our dedicated team of Denver Car Accident Attorneys is committed to fighting for your rights and securing the full, fair, and complete compensation you deserve. We know that every case is unique, and we approach each one with the care and attention it demands.
Call us today at (303) 444-4444 or contact us online to request a free, no-obligation consultation. Let us take on this fight for you so you can concentrate on what truly matters—healing and moving forward.