If you have sustained injuries in a car accident, you may have thousands of questions in your mind. Many people do not even file a claim for personal injury compensation when they have only minor injuries. Some people feel that it is time-consuming and not worth it.
However, you should consider filing for compensation even when you have minor injuries. The law provides you the right to sue the person who caused the accident and take legal action against them to recover compensation for injuries and other expenses related to the accident.
Even a minor car injury can turn serious and affect the person to a considerable extent. Therefore, you should take the necessary legal steps.
Most car accident victims have this question in mind – when and how long will it take to settle the car injury case? Many factors can affect the time it takes to settle the claim.
In some cases, damages and liability are clear. Therefore, it may not take much time to obtain the settlement. In some cases, however, you may want help from a San Antonio accident attorney to assist you with the process and get the compensation you are owed for your damages.
Click here to get in touch with an experienced car accident lawyer in San Antonio. A resourceful accident attorney can help you understand your rights and options and increase your chances of receiving compensation.
Factors that may affect the process of Car Injury Settlement
Here are some of the critical factors that may affect the process of obtaining compensation. These may delay the process, and you could have to wait longer:
- The severity of the damages
If you have sustained serious injuries, the process may take longer. Delay may be caused by surgery and the treatment process. If treatment requires multiple surgeries and prolonged convalescence, you may have to wait a little longer to know the full extent of your damages.
An attorney will be able to assess your injuries better after preliminary treatment has completed. There may be a better chance of getting the appropriate amount of compensation when you understand the full extent of your injuries and expenses related to treating them. You should always seek medical attention for your injuries, even when you have minor injuries. Avoid taking any risks and visit your medical practitioner at the earliest.
- The level of cooperation from the driver and the insurance company
The process may also depend on the level of cooperation from the driver’s side and the insurance company’s side. If they are unwilling to cooperate or not offer an appropriate amount of compensation, it may delay the whole process. At times, insurance companies handling the case may not offer a proper amount of compensation. They may attempt creative arguments about how the policy does not apply to your particular accident.
It can be difficult to deal with insurance companies and adversarial parties without legal representation. Therefore, it is recommended that you get in touch with an experienced car accident attorney.
They have developed negotiation skills and an understanding of law as well. They will be able to reach a deal with the insurance companies, or if not, file a lawsuit against the party at fault. You should consider reaching out to a lawyer as soon as possible to avoid further delays.
- It is unclear who is at fault
The process may take longer when fault is not clear. The insurance company representing the driver may even try to deny your claim. Therefore, you should get in touch with a lawyer who can represent you and handle the insurance companies. It is essential to determine the liability of the other party. It is important to note that you can even receive compensation when you are partially at fault or involved.
- You do not have enough evidence to prove liability
Evidence plays a crucial role in helping you get compensation. The insurance company or even the judge may deny your claim if you do not have sufficient evidence. You should take pictures at the accident scene and keep them as evidence.
Speak to eye witnesses and keep a record of all your medical documents. You should consider reporting the accident to the police to strengthen your case. Even when you have minor injuries, you must consider reporting them to the police. It will help in determining the liability or who was at fault.
- The legal proceedings
Many personal injury cases never reach the trial stage. Cases that are resolved with insurance companies are settled relatively quickly. Lawsuits, on the other hand, often take longer. The legal proceedings take more time because the court system is backlogged with cases.
At trial, the court will review each aspect of your case before reaching a final decision. If the insurance company does not offer a fair settlement, a lawsuit may be necessary. Filing a lawsuit and presenting in front of a judge is often difficult for people to do themselves. Prepare yourself before you reach this stage by hiring a qualified attorney to represent you.
How Long It Takes Varies From Case To Case
These are some of the factors that may affect the time it takes to obtain compensation for your personal injury claim. At times, there can be disputes between the applicant and the insurance company. This occurs mostly when the company is not willing to offer an appropriate amount of compensation. This may affect the process and become time consuming.
If successful, and after all the paperwork and deductions have been completed, you will receive your share of compensation. If you do not want to accept a quick offer of settlement that could later result in financial hardship, but would rather obtain the full amount of what you are owed for your damages, you may have to wait a little longer.