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If you are hurt in a motor vehicle accident, you might be able to file a personal injury claim against the at-fault driver. In a perfect world, you would get your money quickly so that you can move forward with your life. Unfortunately, the process of resolving an accident claim can take some time – often months or even more than a year.
Many factors can affect the settlement timeline for an accident case, including the severity of your injuries and whether the insurance company disputes liability. Having a White Plains car accident lawyer by your side can often help to streamline the process. They will ensure that you get full compensation for your injuries and will work to resolve your case for as much money as possible – and as quickly as possible.
The Law Offices of Thomas L. Gallivan represent accident victims throughout New York who have been hurt in all types of accidents. If you were injured in a car crash, we will advocate for your rights and help you get the compensation that you deserve for your injuries. Reach out to our law firm today to talk to a member of our Westchester County legal team.
The Settlement Negotiation Timeline Process
After an auto accident, you may be able to file a claim with the at-fault driver’s insurance company for your injuries. New York is a no-fault state, which means that your own insurance company will cover some of your initial losses. After that, the other driver’s insurance company may be liable for your other expenses.
If you are represented by a personal injury attorney, the negotiation process typically starts with sending a demand letter to the insurer. A demand letter consists of three parts:
- A description of the facts of the case;
- The legal reason why their insured is liable for the accident;
- The medical records proving injuries; and
- A demand for compensation (damages).
Insurers often respond to a demand letter with a counteroffer. The two parties will then go back and forth to negotiate a settlement.
In some cases, your lawyer can negotiate a settlement without filing a lawsuit. However, New York has strict time limits (known as the statute of limitations) for filing personal injury lawsuits. For this reason, your car accident attorney may advise you that you need to file a legal claim to preserve your legal rights.
After the lawsuit is filed, the parties will exchange information in a process known as discovery. They will also file motions and other legal documents with the court that may narrow the scope of the claim. Learning more information about the case and getting legal rulings from the judge can help the parties get closer to a settlement.
Filing a lawsuit does not mean that your case will go to trial. The majority of personal injury lawsuits are resolved outside of court. In some cases, negotiations will continue right up to the eve of trial – with a settlement being achieved just before the trial begins.
The timeline for negotiating an accident settlement in New York can vary considerably. More straightforward cases may be settled within a matter of months. If you have to file a lawsuit and go through the legal process, it can take a year or longer to achieve a resolution. Your New York car accident lawyer should keep you updated throughout the process and let you know what to expect.
Factors That Affect the Settlement Timeline
Each car accident case is unique, and there is no standard answer for how long it will take to resolve an insurance claim. However, certain factors can increase the length of time that it takes to settle a case.
First, New York is a no-fault insurance state. All New York drivers are required to carry personal injury protection (PIP) coverage. This means that anyone injured in a motor vehicle accident must first file a claim for medical expenses, lost wages, and certain other costs with their own insurance company.
The no-fault insurance process can take up to 30 days. If your losses exceed your no-fault coverage, you can then file a personal injury lawsuit against the at-fault driver and their insurer. The length of time that it takes your insurance company to process the claim will affect the total time it takes to settle your claim.
Second, the severity of your injuries will affect the settlement timeline. If you have more serious injuries, you will typically require more extensive medical treatment. Generally, you will want to wait until after you understand the full scope of your injuries – and what your future medical expenses may be – to resolve an insurance claim. Otherwise, the settlement may not be enough to cover your losses.
Third, the size of the requested settlement plays a role in the length of time that it takes to settle a claim. If you suffered a catastrophic injury in a car accident – such as a traumatic brain injury – then you will likely have significant losses. Insurance companies often defend cases involving larger settlement demands more vigorously – which can mean that it takes more time to get a settlement.
Fourth, if the insurance adjuster challenges any facts of the case or their insured’s liability, it can take longer to resolve the case. For example, if the insurer argues that their insured isn’t responsible for the crash – or that the injury victim was partially liable under New York’s comparative negligence laws – it will likely take more time to settle the claim.
Fifth, having legal representation will impact the amount of time that it takes to get a fair settlement for your case. A New York personal injury lawyer will use their experience and knowledge of the law to advocate for your right to maximum compensation for your injuries. When you have an attorney, insurance companies know that you can and will take the case to trial – which often motivates them to offer a fair settlement earlier in the process.
What Should Be Included in an Accident Settlement?
Ideally, an accident settlement will include compensation for all of your losses. For car accident cases, this may include three types of damages: economic, non-economic, and punitive damages.
Economic and non-economic damages compensate accident victims for their losses. Economic damages pay for direct losses, such as property damage, lost wages, reduced earning capacity, medical bills, and future medical treatment. Some of these immediate expenses will be covered by no-fault insurance, up to your policy limits.
Non-economic damages pay for intangible losses, including pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement. They are not covered by a PIP policy. You will need to file a personal injury claim to recover non-economic damages.
Finally, punitive damages may be available in cases where the at-fault driver acted intentionally or recklessly, such as in a drunk driving accident. These damages are awarded by a jury at trial and are usually not part of a car accident settlement.
Any settlement should include money for all of your losses. If the insurance company is making you a lowball settlement offer, you should consult with an attorney to protect your rights and get the best possible outcome for your case.
Hurt in an Accident? Give Our Law Firm a Call.
Studies show that people who have legal counsel recover significantly more compensation in personal injury claims compared to people who represent themselves. You may also be able to settle more quickly with the help of a New York personal injury law firm.
Vehicle Accident Cases We Handle:
- Car Accidents
- Uber Accidents
- Motorcycle Accidents
- Westchester Car Accidents
- Truck Accidents
- Pedestrian Accidents
- Bus Accidents
Based in White Plains, the Law Offices of Thomas L. Gallivan injury attorneys represent victims in Westchester County and throughout New York. We offer free initial consultations and handle all cases on a contingency fee basis. To learn more or to talk to a Westchester County personal injury lawyer, give us a call at (866) 931-9539 or fill out our online contact form.
The Insurance Adjuster Offered Me a Settlement. Should I Accept It?
No. You should always consult with a personal injury attorney before making a statement, signing any paperwork, or accepting a settlement offer from the insurance company. The adjuster’s job isn’t to get you maximum compensation – but to resolve the case for as little money as possible.
During a free consultation, you can learn more about your rights and get a ballpark estimate of the value of your case. Contact the Law Offices of Thomas L. Gallivan today to talk to a Westchester County car accident attorney.
How Can I Afford to Hire a Car Accident Lawyer?
Personal injury lawyers almost always work on a contingency fee agreement. This means that you won’t pay anything upfront and will only pay an attorney’s fee if they recover money for you through a settlement or verdict at trial. The fee that you pay will be a percentage of your total recovery, as allowed by New York law.
Contingency fee arrangements make it possible for anyone to get high-quality legal representation even if they don’t have extra cash to pay a lawyer. Reach out to the Law Offices of Thomas L. Gallivan today to schedule a free initial consultation with a Westchester County car accident lawyer.
Related:
Westchester County Contingency Fee Lawyers
Average Settlement for a Back Injury After an Accident in New York
Is NY a No-Fault Accident State?
