Every Carlsbad car accident case is different, so there is no specific timeframe to expect. Simple claims may take three to six months, while more complicated cases can take years to resolve. How long your case can take to settle can depend on various factors, such as:
Severity of Your Injuries
Car accident cases involving more severe injuries will generally take longer to resolve than cases involving minor injuries. Serious injuries could include traumatic brain injuries, complex fractures, spinal cord injuries, burns, or other injuries that take months to recover, if recovery is possible. Your personal injury lawyer will likely recommend waiting until you reach maximum medical improvement before you try to settle your claim, which is the point where your medical condition has stabilized and you have recovered as much as can be expected under the circumstances. This is also the point when your lawyer can more accurately anticipate and calculate your damages.
Unclear Liability
California uses an at-fault system for car accidents, so determining who is responsible for the accident is key to determining who should pay for it. If liability is unclear, the insurance company could deny your claim or blame you for it. If multiple vehicles are involved, the involved drivers could each blame each other and have a different account of how the crash occurred. It may take an intensive investigation and consultation with accident reconstruction experts to determine the real cause of the accident.
Willingness to Cooperate
California uses an at-fault system for car accidents, so determining who is responsible for the accident is key to
Insurance Company Tactics
Insurance companies may delay a settlement offer to minimize payouts. They hope that claimants will get frustrated and abandon their claim or accept whatever pittance that they offer. Common delay tactics that insurers may use include:
- Ignoring or postponing communications
- Requesting the same information over and over again
- Failing to follow up with you
- Claiming they are still reviewing the evidence
Certain insurance companies or adjusters may be more likely to engage in these tactics than others.
Whether the Case Involves a Lawsuit
If the insurance company refuses to make a fair settlement offer, your lawyer can file a lawsuit to pursue compensation on your behalf. Litigation can sometimes lead to more money. However, it can also add significant time to your case so that your case can go through the following steps:
- Pretrial motion filings and preliminary hearings
- Written discovery requests and completion
- Consultation with expert witnesses
- Mediation
- Settlement conferences
- Voir dire
- Trial
Contact Our Personal Injury Lawyers for a Free Case Review
If you were injured in an accident caused by someone else’s negligence, an experienced Carlsbad personal injury attorney from the Miller & Steele Law Firm can meet with you to discuss your case and legal options. We can guide you through the legal process and help you pursue maximum compensation. We advise you whether a settlement offer is fair or if you should proceed to trial. Call us today for a free consultation.