There are many factors involved in settling a car accident claim without going to court, making it difficult to predict precisely how long your case will take without a thorough examination of its details. The severity of injuries you suffered and your treatment plan both influence the timeline of your claim. You also play a role in how long your car accident settlement will take.
An Atlanta car accident lawyer can help you understand all the moving parts of reaching a settlement agreement. They can also help you effectively navigate each step. A local lawyer can clarify the statute of limitations and the stages of a thorough investigation, all of which can affect your timeline. They can also protect you from the temptation of a fast but lower-than-deserved settlement offer. Most will accept your case at no upfront cost.
Understanding Georgia’s Statute of Limitations for Car Accident Lawsuits
Preparing a thorough and comprehensive car accident claim can take time. One of the first steps to seeking monetary compensation is filing your lawsuit with an Atlanta personal injury lawyer on time—even if you are aiming for a settlement. Here is why:
- If you do not file your lawsuit on time, you could be barred from filing it at all.
- If you file your lawsuit too late, it could be dismissed without even being heard.
Either of these outcomes would leave you with the entire financial burden for an accident you did not cause. In Georgia, you generally have two years to file a personal injury lawsuit or wrongful death claim, according to O.C.G.A § 9-3-33. You have as little as six months to file a claim against a governmental agency or municipality, according to O.C.G.A. § 36-33-5. A lawyer can help you understand and comply with the appropriate filing time limit.
The Importance of Proving Negligence in Your Car Accident Case
Getting compensation for a car accident depends on identifying the at-fault driver’s negligence under Georgia law. Accordingly, that means proving these elements:
- Duty of care: The at-fault driver had a responsibility to drive safely
- Breach of duty: The at-fault driver failed to meet their legal duty
- Causation: The at-fault driver’s actions directly caused your accident
- Damages: You suffered financial consequences due to their actions
Establishing these elements can also prove you did not cause or contribute to the accident, which can help you avoid decreasing or losing compensation, according to Georgia’s fault law, described in O.C.G.A. § 51-12-33.
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Why Rushing a Car Accident Settlement Could Cost You Money
Because an auto accident can cause immediate and far-reaching financial challenges, a quick settlement offer can be tempting. It can also be inherently flawed since it takes time for all your accident expenses and losses to be known and documented.
Recoverable auto accident damages can include:
- Accident-related medical bills
- Accident-related lost wages
- Loss of future earning capacity
- Property damage or destruction
- Lasting disfigurement or disability
- Physical pain and suffering
- Mental and emotional anguish
- Wrongful death damages, if applicable
One way to maximize your settlement is to avoid a speedy offer. Let a lawyer who is familiar with assessing damages and settlement negotiations handle your claim. With their guidance and direction, you could obtain the best possible financial recovery for you and your family.
Additional Factors That Can Prolong Car Accident Settlement Agreements
Once your claim for compensation is carefully assessed and documented, additional factors can influence the timeline of your car accident case. Some of these factors include:
- The other driver was uninsured
- The other driver hit and ran
- The accident’s cause is in dispute
- Insurance company delay tactics
- Witnesses undergoing deposition
Any of these steps to a settlement can take weeks or months, which can prolong the time it takes to receive a fair settlement in your case.
The Settlement Process for Car Accidents Can Last Longer Than You Think
To settle your car accident case out of court, your lawyer will document your damages and send a detailed list alongside a settlement demand letter. The steps toward reaching a settlement agreement include:
- Making a financial request
- Receiving monetary offers
- Reviewing their pros and cons
- Making and sending counteroffers
Each of these steps will be repeated until both sides mutually agree on an amount. If an acceptable settlement is not forthcoming, your lawyer will take your case to court and represent you at trial to keep fighting for the financial compensation you need and deserve.
Why Gathering Evidence for Your Car Accident Claim Takes Time
Settling a claim starts with building an evidence collection that clearly identifies the cause of the collision. Without evidence that proves their policyholder’s negligence, the at-fault driver’s insurance company may not even discuss a settlement. To build a comprehensive case file, your lawyer will collect the following types of evidence:
- Medical records
- Police report
- Mechanical records
- Accident reconstruction
- First responder reports
- Witness statements
- Accident scene photos and video footage
- Medical bills
- Salary history records
- Vehicle repair estimates
- Vehicle replacement value
If you are represented by a car accident attorney, they will collect all the evidence your case needs and present it to the at-fault party’s insurance company as an organized, cohesive case file.
How Your Decisions Impact the Timeline of Your Car Accident Settlement
Even after a comprehensive damage assessment and after building a strong case file, you still have a role to play in the settlement process. You, not your attorney, will make the decision to accept or reject every offer that comes your way.
Your lawyer will not usurp your right to decide. Instead, they will advise you on the feasibility of each offer and guide you toward a well-informed settlement decision.
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Contact Our Law Firm Today to Learn More About Settling Car Accident Claims
If you or a loved one was injured in a recent car accident, we can guide you through the legal process of recovering compensation. We will clarify each step of your case from investigating the accident to how long a car accident settlement might take.
Find out how hard our law firm will work to streamline the potentially stressful settlement process of your case. Contact our consultation team at Kaine Law to get your free initial consultation to discuss your case today.
Call or text 404-214-2001 or complete a Free Case Evaluation form
