After a car accident in Oceanside, you might wonder how long it takes to receive your car accident settlement. The Oceanside car accident settlement timeline in your case depends on the specific facts of your case.
Numerous factors impact a car accident settlement timeline, including, but not limited to:
- The types and severity of your injuries
- How long it takes you to recover from your injuries
- The parties involved in the case
- Whether fault for the cause of the car crash is disputed
- The insurance company’s willingness to agree to a fair settlement
- Whether you need to file a lawsuit to pursue a claim
It is crucial to work with a legal team that understands the urgency of receiving a car accident settlement but will not rush your case. Instead, the attorney should prioritize your best interests in obtaining fair and just compensation for your injuries.
Each car accident case is unique. However, most claims proceed through several common phases before settlement.
Gathering Evidence and Information at the Accident Scene
Report a car accident in California by calling 911. As you wait for emergency personnel and police officers to arrive, gather the information you need to provide to the police and the other driver (i.e., vehicle registration and insurance information).
If you can collect evidence from the accident scene without putting yourself or others in danger, you may want to:
- Photograph the damage to each vehicle, any hazards that could have contributed to the cause of the crash, and other relevant evidence
- Make a video of the entire accident scene and surrounding area to capture any evidence you might not have photographed
- Make a note of any video surveillance, traffic cameras, or other cameras that might have caught the collision on video
- Gather the names and contact information of bystanders and witnesses
Some car accidents cause severe injuries that prevent victims from collecting evidence at a crash scene. Remember, put your health first. An Oceanside car accident attorney can investigate the crash for you to gather evidence proving fault and liability.
See a Doctor Immediately
Prompt medical treatment for your injuries serves two purposes. First, timely medical care improves your chances of making a full recovery from your injuries. Medical treatment reduces the risk of developing life-threatening conditions and permanent impairments.
Second, timely medical care supports your claim that the car crash caused your injuries. Delays in medical care could hurt your personal injury case.
Remember, do not say you are fine or okay after an accident. Those statements imply you are not injured. Instead, you can state you will see your doctor if you do not want to be seen by emergency medical services.
Schedule a Free Consultation With an Oceanside Car Accident Lawyer
Prompt legal advice is also essential after a car accident. An attorney evaluates your claim and explains your legal options during a free consultation.
Hiring a car accident attorney in Oceanside has several benefits, including:
- Your attorney handles all aspects of an insurance claim
- Collects additional evidence needed to prove your case
- Evaluates your economic and non-economic damages to determine how much your car accident case is worth
- Allows you to focus on your health and recovery instead of a legal claim
Hiring a car accident attorney for an Oceanside car crash puts the insurance company on notice that you intend to fight this claim all the way to court if necessary. Having an experienced legal team on your side evens the playing field by giving you the resources and legal expertise needed to battle a large insurance company.
Accident Investigation
Your attorney follows the crash investigation by law enforcement agencies and obtains a final copy of the police report. However, your lawyer also conducts a thorough independent investigation.
Steps your attorney might take during this phase of the case include:
- Gathering copies of your medical records and consulting with medical specialists if required
- Working with accident reconstructionists and other experts as necessary to prove how the accident occurred and who caused the crash
- Interviewing eyewitnesses to obtain statements
- Reviewing financial records to determine the financial losses you incurred because of the car wreck
- Analyzing your medical records and medical opinions to determine the extent of your injuries and impairments
- Talking with your family and friends to determine how your injuries have impacted your daily life
This phase in a car accident timeline could take several months. However, an attorney can work on these steps while you recover from your injuries.
Settlement Demand and Negotiations
Typically, your attorney prepares a settlement demand letter to send to the insurance company. The letter reviews the facts of the case, analyzes the legal causes of action that create liability, discusses the applicable law, and explains your injuries and damages. Finally, your attorney states the amount you will accept to settle your personal injury claim.
The insurance company may take several weeks to review the settlement demand. If the company accepts your settlement offer, your attorney prepares the settlement agreement and release of liability to end the claim.
However, in most cases, the insurance company makes a counteroffer for a lower amount. This step begins settlement negotiations between your attorney and the insurance company.
Back-and-forth negotiations could go on for some time. However, at some point, the negotiations break down if the parties cannot agree on a settlement amount. Your attorney explains your legal options, including accepting a lower settlement offer or filing a personal injury lawsuit.
Whether you accept a settlement offer is your decision alone. Your attorneys provide advice and guidance, but you make the final decision.
Accept a Settlement Offer or Go to Trial
If you decline the settlement offer and choose to go to trial, your attorney files a lawsuit with the court.
There are several phases to a personal injury lawsuit, including:
- Filing the initial complaint in civil court
- Waiting for a response from the other party (their insurance company should hire an attorney to defend the lawsuit)
- During discovery, each party gathers additional evidence to build their case
- Settlement negotiations and/or mediation
- Pre-trial motions
- Jury trial and verdict
Going to trial for a personal injury case can be a gamble. Filing a lawsuit and going to trial can take longer and be more expensive than accepting a settlement offer. Your attorney will discuss all of the pros and cons of a settlement offer vs. a trial to help you decide which option is best given the facts of your case.
Learn How Our Oceanside Car Accident Lawyers Can Help You During a Free Consultation
You deserve to be compensated fairly for the pain and suffering caused by a negligent driver in Oceanside, CA. At Petrov Personal Injury Lawyers, our legal team works with the best medical specialists and experts to calculate the extent of your damages and losses. We fight to get you the maximum compensation for your case. Let our experienced Oceanside car accident attorneys explain how we can help you during a free case evaluation.
Contact us today at (619) 344-0360 for a free consultation to discuss your case with an experienced Car Accident attorney.
