How long ,normally ,should it should take to settle a case for an automobile accident?

Asked 4 months ago - Houma, LA

I was in a hit and run accident a year and 2 months ago. The police caught up with driver and was arrested. I filed a lawsuit in May of 2013. My Lawyer is yet to finish settling case. He says they are waiting on Insurance to make an offer. Does this process usually take this long to complete?

Attorney answers (9)

  1. Jeffrey Mark Adams

    Contributor Level 20

    10

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    Answered . Same answer as always, assuming you have qualified personal injury counsel, he/she is probably advocating appropriately for you. Cases are fact specific and do take time.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Shoshana Kunin-Leavitt

    Contributor Level 15

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    chosen by asker

    Answered . It depends. If your case goes all the way to trial it will probably still be a while longer. Talk with your lawyer about the process. They may be able to explain why it is taking as long as it is, and may even be able to give you a time frame as to what you can expect.

  3. John W Redmann

    Contributor Level 7

    6

    Lawyers agree

    Answered . Sorry you've been introduced to our accident-injury legal system in this way!
    But the short answer to your question is: Yes, the process can, and often does, take this long to reach a settlement after a suit has been filed - or within a year & 2 months of the accident.
    So many different factors can make a big difference with each case, including:
    - Is liability (fault) being disputed by the other driver?
    - How serious are the injuries? Are you still in treatment? All better after just a few months of treatment?
    - Is your attorney doing his/her "due diligence" to make sure your claim is being pursued, with appropriate steps (doing investigation, taking depositions, filing motions, etc.) taken?
    - Also - it can also make a big difference how agreeable or disagreeable the insurance adjuster and/or insurance attorney are in cooperating with your attorney, and in what sum(s) he/she/they are willing to offer, and when they offer it. This last item is often what determines if your case is going to take long or not, assuming it's not your attorney letting your file "gather dust," as we say. ;-)
    The best way to get your question(s) answered, considering the above, is to ask your attorney to sit with you, and your file, and to walk you through what's been done (not in any great detail) to explain so you understand where you've been, then explain next steps, and then ask about whether any deadlines or court date has been set. If not, don't panic - that's not uncommon (especially in "young" cases, like yours). Ideally, your attorney will appreciate that you are interested to know (without overdoing it, and becoming a pest. Don't call every other day, please!). And you can feel educated and empowered! ;-)
    I hope this helped!
    John Redmann

  4. David Ian Schoen

    Pro

    Contributor Level 20

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    Answered . You do not say whether or not you are still treating and if you are even able to accurately predict the future course of any problems or limitations that the injuries may cause. If your condition is uncertain, the attorney should not even be trying to settle the case yet. This is not unusual, just make sure that if the case doesn't settle that a lawsuit is timely filed.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully... more
  5. Nicholas Allen Primrose

    Contributor Level 9

    5

    Lawyers agree

    Answered . As mentioned above, there is no set time-frame from accident to settlement. There could be any number of reasons for a delayed settlement, including your treatment, further discovery, difference in evaluations. You can always request a status update from your attorney on settlement negotiations and process, a client has the right to be fully informed. However, typically it is best to let the attorney work with the insurance company to reach resolution.

    *Disclaimer: The aforementioned opinion does not constitute legal advice and is for general educational purposes... more
  6. Erin Ashley Fisher

    Pro

    Contributor Level 4

    2

    Lawyers agree

    Answered . The amount of time it takes to settle your case is typically based on the amount and length of your treatment; although there are many factors that prolong the settlement phase. 14 months is not an abnormal amount of time. It seems very likely that your attorney could be waiting for an offer (assuming he/she sent in a demand for you).

  7. D. Robin Gouveia

    Contributor Level 7

    Answered . As answered by several others, it is quite possible the process could take this long, and maybe longer. I also believe you should have a sit down/face to face meeting with your attorney to discuss what has been happening and what the strategy is for the future. Your attorney is surely doing the best for you but you should be informed. Good luck!

  8. Steven Howard Fine

    Contributor Level 4

    Answered . It really depends on the statute of limitation in your state. You may also consider waiting until you have better understanding of your medical injuries and other potential damages. I suggest checking your state's statute of limitation..

  9. Remington Way Fang

    Contributor Level 12

    Answered . Your attorney may be gathering information like additional or prior medical records, impact statements, or updated bills from your healthcare providers. Often times, we send the insurance company what we think is a complete demand package only to find out that the insurance company needs more information.

    If you're this concerned, simply ask your attorney. He or she should be able to give you a status update on your case. If the answer is vague, ambiguous, or you receive no answer at all, it may be time to consider whether you have the right person handling your case. I would start by requesting a meeting with your attorney to address your timing concerns.

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