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It depends on the case. Typically insurance company's delay payment as long as possible, but it depends on the carrier. You will have to complete treatment before your attorney can give you any honest assessment of the damages. If the case requires litigation, the litigation phase alone will take about 2 years from complaint to trial. You will also factor in how long it will take before your attorney has what they need to be able to file a lawsuit in good faith after reviewing your medical records. A good rule of thumb is 3-4 years after the accident, possibly sooner.
It really depends upon the nature of your injury, the insurance company of the other vehicle and a variety of other factors. There is really no way to give you an answer. However, it could take a few months to more than a year.
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There are too many factors to give you a specific answer. As the others have mentioned, the carrier, injuries and whether you are subject to any threshold all effect how long it takes. Call your lawyer and ask him for a status update.
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Wow, its only 34 days since the accident, and it sounds like you are more concerned about settling the case immediately, then the state of your physical condition. You describe what are generally referred to as "soft tissue injuries", and if those conditions are already beginning to resolve themselves, would be viewed as being "minor". The reality is that insurance companies presently dispute and fight your type of claim more vigorously because under no-fault laws a claim for soft tissue injuries can often be defeated for not meeting the "serious injury" qualifcation for being allowed to obtain compensation for pain and suffering, particularly depending on whether you took a "no-threshold" option under your own policy. If the carrier doesn't want to settle, a lawsuit could easily take 2-3 years to be resolved. Good luck.
Settlement negotiations don't usually being until all damages are known. Given the recentness of your accident, it may be premature to be talking about settlement at this time.
Since you are paying your attorney good money to advise you, pick up the phone and ask him or her this question. I am sure they will be glad to speak with you and also to have an opportunity to learn from you the status of your current care, treatment and condition.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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There is no general rule of thumb on how long it takes for a case to settle. There are many factors, most importantly, the type of injury you have, the amount of insurance coverage the tortfeaor has, who the tortfeasor's insurance carrier is, the type of tort threshold you have (that is limitation of lawsuit threshold or no-limitation of lawsuit threshold), and what type of uninsured/underinsured bodily injury coverage benefits you have from your own car insurance company. Just because you were in an accident and it was someone else's fault does not guarantee you will recover monetary damages for your pain and suffering. You should ask your lawyer all these questions, and if you are dissatisfied with his answers, find someone who can provide you with the answers.
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