Several factors can determine how long it will take you to file a car accident lawsuit. Some cases can take as little as a few months, while others can take years. In any case, you should have patience while you are preparing to file a claim. During this time, you will want to obtain as much evidence as possible.
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The more evidence you have, the higher your chances of receiving a higher settlement amount. Your attorney may need to collect information such as police reports, crash reconstruction experts, and medical records. If your case goes to trial, you will also need to be prepared to provide testimony from witnesses.
After you hire an attorney, he will begin the legal process by filing a formal complaint in a court of law. This is called discovery. Discovery involves a series of written and oral questions and requests to produce documents, admissions, and other information related to your case. It is important to have enough time to respond to these questions, as the answers will help your attorney determine how best to proceed with your case.
Upon completion of the discovery process, your attorney will prepare a demand package. The package contains a description of the injuries you suffered, how the injuries affected your life, and how much compensation you are seeking. Also included are future costs for medical care, lost wages, and long-term consequences of the accident.
Once your attorney receives the demand package from your insurance company, he or she will send it to the at-fault driver’s insurer. The insurer will then have 15 days to either accept or deny the claim. They may reject your demand if they think it is unfair. However, in most instances, the insurer will offer you a fair settlement.
Your attorney can pursue the case even after the insurance company agrees to the settlement. Sometimes, your lawyer will make a counter-offer, or request that the at-fault driver’s insurer increase the amount they are offering. While this can add to the time it takes to settle, it is not always necessary.
Most lawsuits will not take more than three weeks to resolve. But if you need to appeal a settlement, the appeal process can take longer. You should be prepared to spend some of your own money on a lawyer. Moreover, there is a chance that the defendant will recognize you are losing and will threaten to lower your settlement. Trying to settle your case without going to court can be a waste of time and money.
In some cases, your attorney will need to ask the at-fault driver’s insurer for detailed medical records. These records are essential for determining the value of your injuries. Medical records are often the most important factor in a settlement.
Many times, your attorney will interview witnesses to obtain their accounts of the accident. Your attorney may even follow up on the statements of these witnesses to gain further insight. He or she may also interview police officers and medical experts.
Montag Law Office 4151 E Street, Suite 200 Omaha, NE 68107 (402) 334-2200