2024 How Long Does It Take to Settle a Car Accident Claim in California?

2024 How Long Does It Take to Settle a Car Accident Claim in California?
May 01, 2023

Car accidents happen every day for many reasons. When another driver is responsible for causing your recent accident, state law dictates that they are liable for any damages they inflicted with their actions. This may sound straightforward, but the reality is that many car accident victims encounter unexpected difficulties when it comes to resolving their car accident claims.

It’s natural to wonder how long it could take you to resolve your car accident claim. Ultimately, the answer to this question differs from case to case. It’s possible to resolve some car accidents relatively quickly through auto insurance claims, while others will lead to complex personal injury cases or even criminal court proceedings. A car accident lawyer in Encino, CA, can help you understand what you can expect in your individual claim and guide you through the proceedings ahead of you.

Standard Recovery Timeline After a Car Accident

California law requires every driver to have auto insurance, and filing an insurance claim is generally the first step toward recovery after any accident. Immediately following an accident, the drivers involved are required to report the crash to 911 and remain at the scene of the crash until first responders arrive. If anyone is seriously injured, they will be taken to the nearest hospital. The police conduct a preliminary examination of the accident scene, interview those involved and talk to any witnesses who saw the accident happen, and then they create a police report.

After seeking medical care for their injuries, the victim of a car accident should speak with an experienced attorney as soon as possible. Experienced legal counsel helps make the insurance claim process much easier, and the right attorney can help the victim of a car accident resolve any disputes that arise with the at-fault driver’s insurance carrier. When insurance cannot fully compensate the victim’s losses, they have the right to pursue a personal injury case against the at-fault driver.

Success with a personal injury case requires proof of the damages the defendant caused and clear evidence showing the defendant’s actions directly caused those claimed damages. Your attorney can help compile your personal injury claim against the at-fault driver. You must prove their negligence or misconduct directly caused your damages and then prove the full extent of those damages. In the event the at-fault driver caused the accident through any illegal misconduct, such as driving under the influence of alcohol or drugs, they may face criminal prosecution from the state.

Most of the personal injury claims filed are not resolved in court. Instead, most parties involved in these cases choose private settlements. The private settlement negotiation process enables them to reach a mutually agreeable resolution more quickly than litigation would allow. Your attorney can help make a compelling case that encourages the defendant to seek a swift settlement. In the event you cannot resolve the case privately, you can rely on your legal team to represent you in a trial.

FAQs About How Long Does It Take to Settle a Car Accident Claim in California

How Long Do Most Car Accident Settlements Take?

The majority of car accident cases can be resolved within a few weeks to one or two months. The time required to complete any car accident case usually depends on the overall severity of the damages involved and whether the at-fault driver admits responsibility for the accident. Settlement is much faster than litigation, and if a case must be resolved in court, it could take several months or even longer than one year to complete.

How Much Can I Win in a Car Accident Settlement?

California law gives the victim of a car accident the right to claim full repayment of all economic losses they suffered because of the defendant’s actions. They also have the right to seek compensation for future damages like ongoing medical expenses and lost earning capacity, and they may also seek pain and suffering compensation from the defendant. Your attorney can estimate your case’s total potential value and assist you with maximizing your case award.

How Long Does It Take to Get Paid From a Car Accident Settlement?

If you are able to settle your car accident claim with the defendant, it should take only a couple of weeks to receive your settlement check. Once settlement terms are reached, the parties will finalize the resolution to the case, and each party’s attorney will make closing arguments. Your attorney can advise you as to how long it may take to receive your payment from a successful civil suit.

How Long Do I Have to File a Civil Claim for a Car Accident?

You have a limited time in which to file your insurance claim after a car accident, usually only a few days. However, if you intend to file a personal injury case against the at-fault driver, you have two years from the date your accident occurred in which to do so. Failure to file your claim within this two-year statute of limitations could mean losing your chance to recover compensation from the at-fault driver.

What Does It Cost to Hire a Car Accident Attorney?

The Law Offices of David Davidi, APLC, can provide the legal counsel you need after a car accident with a contingency fee agreement. This means you do not pay anything upfront, nor are you required to pay ongoing legal fees for our firm’s representation. Instead, we take a percentage of the total compensation we win on your behalf as our fee, but only if and when we win your case. If our firm cannot secure compensation for any reason, you pay nothing, so there is no risk to you by choosing our firm to represent your car accident claim.

The right attorney can make a tremendous difference in the outcome of your car accident claim, streamlining the process of securing the compensation you deserve. When you are unsure how to proceed after another driver has injured you, we can help. Contact us today to schedule your free consultation with our team and learn more about the legal services we offer.