California Car Accident Settlement Process and Timeline

In the aftermath of a car accident, victims are often further overwhelmed by mounting debt from medical bills and the inability to work. Luckily, California offers car accident victims who have been injured the opportunity to recover compensation for the harm they’ve endured. If you’re looking to take legal action after being injured in a car accident, it’s crucial that you educate yourself on personal injury laws and the California car accident settlement process and timeline.

The reality is that each claim comes with its own set of legal challenges, meaning there’s no way to estimate the exact amount of time it will take for you to receive compensation. At Belgum, Fry & Van Allen, we are prepared to guide you through every step of the settlement process and can work to ensure it moves efficiently.

Factors That Impact Settling a California Car Accident Injury Case

There are a myriad of factors that can impact how long it takes for your car accident injury claim to be settled, including:

• Willingness to Compromise. It is crucial that all parties involved in a car accident claim are willing to compromise. However, this is not always the case, as the liable party and their insurance company may try to pay as little as possible. Because it’s important that victims receive an adequate amount of compensation, negotiations can cause delays in the settlement process until all parties can compromise.
• How Difficult It Is to Determine Liability. If both sides can agree on who was at fault for the accident and the extent of the injuries that were caused by it, the amount of time it takes to settle your car accident case will most likely be streamlined. If it is unclear who caused the accident or if the fault is disputable, it may take longer to come to a settlement.
• Recovery Time of the Victim. Additionally, victims who are seriously injured and have long-term recovery processes may need more time before they can address legal issues. The length of time it takes a victim to require may also cause delays in a case.
• Availability of Evidence and Courts. There are other factors that may influence the time frame of a car accident settlement, including the availability and nature of evidence involved in the case and the availability of courts themselves. If the courts in your area are experiencing a case backlog, this may cause your case to suffer a longer timeline.

The Settlement Process for California Car Accident Injury Claims

While there is no surefire way of offering an exact answer as to how long a car accident case might take, these cases tend to follow a strict step-by-step process, and understanding this process can help you better estimate the amount of time it might take to reach an official settlement for your own case.

Personal injury claims for car accidents generally take these steps:

• Initial Investigation. Once you have hired an attorney to help you through the car accident claim process, they can begin to investigate your accident. Depending on the circumstances of your case, this can include collecting and reviewing any available police reports, statements made by eyewitnesses, medical records, and more.
• Settlement Offer. Following a car accident, you may be approached by the insurance adjuster of the at-fault party’s insurance with an initial settlement offer. This offer tends to only cover the medical expenses you have acquired due to your injuries. While this offer may seem enticing, it can end your chances of seeking further compensation if you accept it. Initial offers also tend to be lower than what you can fight for later.
• Demand Letter. If you and your attorney decide to reject the initial settlement offer, you will then need to send a demand letter to the at-fault driver and to their insurance company. This letter should state the facts surrounding the accident, the extent of your injuries, and your intent to file a personal injury claim if compensation is not paid to you by a certain deadline.
• File a Claim. If the insurance company and the at-fault party refuse to pay following the demand letter, your car accident injury lawyer can help you file an official claim that will be served to the at-fault party.
• Process of Discovery. The case will then move into the official discovery process, where evidence can be uncovered. Strong evidence can include medical records, eyewitness statements, deposition of the involved drivers, details regarding any property damage sustained by the vehicles, and official police reports.
• Settlement or Trial. A trial date or settlement conference will then be scheduled to determine a final settlement for the accident claim.

Car Accident Settlement Process and Timeline FAQs

Q: Do You Need a Lawyer to File a Car Accident Injury Claim in California?

A: While you are not legally mandated to hire a personal injury lawyer when filing a car accident claim in California, a skilled attorney can provide you with indispensable support and representation as you navigate the claim filing process. Personal injury lawyers have the knowledge and skills needed to fight for the maximum amount of compensation in your case and give you a much stronger chance of filing a strong, successful car accident claim.

Q: How Much Does a Car Accident Lawyer Charge in California?

A: Offering an exact average for the cost of car accident injury lawyers in California can be difficult. However, you should speak with your lawyer about the pricing structure they use to better understand what they will charge you. Your lawyer’s overall price will depend on how complicated your case is, how long it takes to settle your claim, your lawyer’s experience, and more.

Q: What Are Common Injuries Seen in California Car Accidents?

A: There are many injuries that can be suffered in a California car accident, each one varying in their severity. The most common injuries include broken bones, fractures, whiplash, spinal cord injuries, paralysis, concussions, bruises, lacerations, internal bleeding, damage to internal organs, soft tissue damage, traumatic brain injuries, and severe burns.

Q: What Damages Are Available to Victims of California Car Accidents?

A: The damages you can receive in a car accident claim will vary depending on the nature of your accident and the severity of the harm you sustain. The most common forms of damages include compensation for medical expenses, lost wages, pain and suffering, future anticipated medical costs, the loss of your earning potential, emotional distress, and wrongful death damages.

Speak With a California Car Accident Lawyer Today

If you have been injured in a California car accident, contact the offices of Belgum, Fry & Van Allen today. Our compassionate legal team is prepared to advocate for you and your interests, fighting for the compensation you deserve.