This is not a very satisfactory action, but it depends. The biggest factor is whether there is any dispute over who has liability for the accident. The nature of the injuries make a difference. The insurance carrier and the amount of insurance coverage makes a difference. The size of the claim and the nature of the injuries makes a difference. The personality of the insurance adjuster makes a difference. If a lawsuit has already been filed the personality of the defense lawyer makes a difference. The willingness of the health providers to promptly share records and prepare reports make a difference.
A good plaintiff's lawyer will gather the appropriate information as promptly as possible and submit it to the insurance carrier with a settlement demand. He or she will also give the insurance company a reasonable time to respond (20 - 30 days). If settlement appears unlikely, the lawyer will proceed with litigation.
I am sorry this answer is not very specific but, as I said above, there are lots and lots of factors that influence the timing of settlement.
As Mr. Day has indicated, this will vary quite a bit from case to case for a variety of reasons. And remember that some cases don't settle, as it takes agreement by both sides to settle a case. This means agreement on who is responsible, and further agreement on the value of the claimant's claim. Good luck.
The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.
The answer to this questions varies with every accident. The amount of time it takes to "settle" a personal injury case as aresult of a car accident depends on the following factors: The client, the manner of the accident, meaning who was at fault and by what percentage, whether the client was a driver or passenger, the injuries sustained as a result of the accident, the amount of time the person has treated with their doctors, if he/she was out of work, the insurance companies involved, the policy limits of the insurance company and finally if the case is settled out of court or after a suit was commenced.
The more the client understands the variables involved, which is really the attorney's job to make sure it is clear to the client, the smoother a case can go forward. NY State has a "Comparative Negligence" statute, which means it divides the amount of fault between the drivers of the cars involved in an accident. Therefore, in general it would be somewhat hard to put a time period within which a case can be settled.
Our personal injury attorneys make sure that our clients know the status of their cases and we discuss and answer these and other questions they may have regarding their case.
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