The three biggest factors on why your car accident settlement is taking so long include: (1) the extent and seriousness of your injuries; (2) the track record and reputation of your attorney; (3) the at-fault driver’s auto insurance company and insurance policy limits. The reality is that a settlement does not have to take very long.
There is no “set” or average amount of time for settling an auto accident case.
Most insurance companies now use claim evaluation software to determine a general range of what they will offer to settle a car accident case. An experienced auto accident lawyer who can make it easier for the claims adjuster to identify and correctly input all of the injuries will generate a higher settlement offer than an attorney who does not.
Does reputations and track records of attorneys affect why my car accident settlement is taking so long?
Likewise, reputations and track records of attorneys matter when it comes to why a car accident settlement is taking so long. Insurance companies keep tabs, and they know which lawyers and law firms always accept low-ball settlements for their clients in order to avoid a trial. The insurance companies also know the lawyers and law firms who are always ready for trial and have skill and experience to win if the insurance company refuses to make a fair and just settlement offer. These attorneys increase the risk to the insurance company of a higher verdict, and again will generate higher settlement offers on car accident cases.
Every settlement offer that insurance companies make these days is based on extensive data analysis. This data analysis includes the median or average settlements for similar types of injuries in the geographic area where the car accident occurred and data of who your lawyer is. These are two of the pivotal data points that insurance companies use when assessing their risk and therefore determining how much to offer to settle a car accident case.
Research by the insurance industry itself also shows that victims represented by a lawyer with a proven track record can achieve on average a settlement 4 times greater than a lawyer without this experience and results (which is why so many insurance companies now bonus claims adjusters to try to settle cases quickly with crash victims before they can hire a lawyer).
Factors that affect why a car accident settlement is taking so long
Other factors that may affect why your car accident settlement is taking so long include: (1) your current and future medical treatment; (2) how long you missed work and whether you are still disabled from working; (3) your prognosis and future residual impairments from your injuries (4) the costs of current medical treatment to date and whether your injuries will necessitate “excess” medical bills and lost wages over your own No-Fault PIP caps; and (5) whether the at-fault driver and his or her insurance company is contesting liability.
How does a lawsuit affect the length of time for an accident settlement?
The significant events in the lawsuit process that may affect why your car accident settlement is taking so long include: (1) filing and serving the complain to start the lawsuit; (2) discovery which includes depositions of all parties, experts and witnesses; (3) case evaluation; (4) facilitation; and (5) settlement conferences.
How long does a car accident settlement take?
There is no “average” amount of time that a car settlement will take in Michigan – or in any state for that matter. There are many factors that contribute to why a car accident settlement is taking so long. That said, a settlement for an automobile crash can occur in a matter of weeks or months, assuming your attorney has laid everything out to allow an insurance company adjuster to make a full and fair evaluation. If a lawsuit is necessary, it will generally take between one to two years to resolve depending on the specific venue and current backlog of the court.
Have you or a loved one been injured in car accident? Call the auto accident attorneys at Michigan Auto Law
If you or a loved one has been injured in a Michigan automobile crash and you have questions about why your car accident settlement is taking so long and your family’s legal rights to pain and suffering compensation, economic damages and auto No-Fault insurance benefits, you can speak to an experienced auto accident lawyer at (800) 777-0028 for a free consultation. You can also get help from an experienced No-Fault insurance attorney by visiting our contact page or you can use the chat feature on our website.