Steven A. Bagen | October 8, 2024 | Car Accidents

Two individuals reviewing and signing documents on a clipboard, likely related to a car accident or insurance claim, with a vehicle in the background.

Victims of car accidents who suffered injuries due to another driver’s negligence may be eligible for various forms of compensation. The amount of time it takes to settle a car accident claim will depend on various circumstances, including the type of claim, the accident circumstances, the length of medical treatment, and the insurance company’s willingness to settle the case.

A skilled Gainesville car accident lawyer in your jurisdiction will do everything possible to streamline your case and resolve it as quickly and efficiently – and for the most amount of money – as possible.

 

How Long Does a Car Accident Settlement Take?

Common Car Accident Types and Causes

Negligence by other drivers is one of the main causes of car accidents. It happens when a driver fails to act with the level of care that a reasonable person would exercise in the same situation. There are several common types of negligence that can lead to car accidents, including all of the following:

  • Distracted Driving – One of the most common forms of negligence is distracted driving. This occurs when drivers take their attention off the road to text, talk on the phone, eat, or use a GPS. Distracted driving can lead to rear-end collisions because the driver may not notice the car in front of them slowing down or stopping.
  • Speeding – Driving faster than the speed limit or too fast for road conditions is another form of negligence. Speeding reduces a driver’s reaction time and increases the force of impact in an accident. It often results in severe accidents, including rollover accidents, sideswipes, and head-on collisions.
  • Reckless Driving – Reckless driving includes dangerous behaviors like tailgating, weaving in and out of traffic, or running red lights. These actions show a complete disregard for the safety of others. Reckless driving can lead to accidents such as T-bone crashes at intersections or sideswipe accidents on highways.
  • Driving Under the Influence (DUI) – Operating a vehicle while under the influence of alcohol or drugs is a serious form of negligence. DUIs can impair judgment, reduce coordination, and slow reaction times. Accidents resulting from drunk driving often include head-on collisions or crashes that occur when a driver runs off the road.
  • Failing to Yield – Some drivers fail to yield the right-of-way, whether at intersections, during lane changes, or when merging. This type of negligence frequently causes T-bone collisions or sideswipe accidents.
  • Following Too Closely (Tailgating) – Drivers who follow too closely behind another car are at risk of causing rear-end collisions when the car in front stops. This is a common accident in heavy traffic or on highways.

Frequent Injuries in Car Crashes Resulting from Negligence 

Car accidents resulting from the negligence of other drivers can lead to a wide range of injuries, some of which may have long-lasting or permanent effects. These injuries vary in severity, depending on factors such as the speeds of the vehicles involved and the point of impact. Below are some of the most common injuries that can occur in car accidents.

  • Whiplash – One of the most frequently reported injuries in car accidents is whiplash – especially in rear-end collisions. Whiplash occurs when the neck is forcefully jerked back and forth, causing strain or tears in the muscles and ligaments. Symptoms usually include neck pain, stiffness, headaches, and, in more severe cases, long-term mobility issues.
  • Broken Bones – Car crashes often result in broken bones, especially in high-speed collisions. Common fractures involve the ribs, arms, legs, and collarbones. The force of the crash can cause bones to break or shatter, requiring immobilization or surgery for proper healing. Rib fractures, in particular, can be dangerous due to their proximity to vital organs.
  • Traumatic Brain Injuries (TBIs) – Head injuries are some of the most severe consequences of car accidents. A TBI can occur when the head strikes an object or from the sudden impact itself, causing the brain to collide with the inside of the skull. TBIs range from concussions to more severe injuries like brain hemorrhaging, leading to cognitive issues, memory losses, and personality changes.
  • Spinal Cord Injuries – Damage to the spinal cord can have devastating consequences, including partial or full paralysis. These injuries are common in severe accidents, especially those involving rollover crashes or high-speed impacts. Even less severe spinal injuries, such as herniated discs, can lead to chronic pain and mobility issues. 
  • Internal Injuries – The strong force associated with a car crash can also cause internal injuries to organs such as the liver, lungs, or spleen. Internal bleeding can be life-threatening and often requires emergency surgery to prevent further complications.
  • Soft Tissue Injuries – Bruises, cuts, and open lacerations are common in car accidents. These injuries may range from minor to severe, with deep lacerations sometimes requiring stitches or leaving permanent scars.

Factors that Determine the Length of a Third-party Car Accident Settlement

Several factors influence how long it takes to settle a third-party car accident case resulting from another driver’s negligence. Each case is unique, and the time it takes to reach a settlement can vary from a few months to several years, depending on the specifics involved.

  • Severity of Injuries – The more severe the injuries, the longer it may take to settle the case. Serious injuries often require extensive medical treatment, including surgeries, rehabilitation, and ongoing care, which may take a long time to complete. 
  • Complexity of Liability – In some cases, determining who is at fault for the accident can be straightforward, while in others, liability may be disputed. If multiple parties are involved – such as in multi-vehicle car crashes – it can complicate the case. Both sides may need to gather evidence, such as witness statements, police reports, and expert testimony, to prove liability, which can extend the time it takes to settle.
  • Insurance Company Tactics – Insurance companies often attempt to minimize payouts, and they may delay the settlement process to pressure the injured party into accepting a lower offer. They may dispute the extent of the injuries, argue over the necessity of certain medical treatments, or challenge the amount of lost income claimed. Negotiating with the insurance company can take time, especially if they are unwilling to offer a fair settlement upfront.
  • Legal Process – If the case cannot be settled through negotiation and must proceed to litigation, this can add significant time to the process. Lawsuits involve multiple stages, including discovery, depositions, and potentially a trial, all of which can delay the resolution. Courts may also have busy dockets, leading to further delays.
  • Negotiation of Damages – Reaching an agreement on the compensation for medical expenses, lost earnings, pain and suffering, and property damage can be a lengthy process. Both sides may engage in back-and-forth negotiations, and if either side is unwilling to compromise, the settlement can be delayed.

Ultimately, the timeline for settling a car accident case depends on a combination of these factors, and the complexity of each issue will affect how long it takes to reach a resolution.

Potential Litigation Options in a Third-party Car Accident Case

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When a car accident occurs due to another driver’s negligence, the injured party has several third-party litigation options available to seek compensation. These options depend on the specifics of the case, the willingness of the parties to negotiate, and the legal strategies chosen. Below are the main avenues for resolving a third-party car accident case through litigation:

  • Filing a Lawsuit and Taking the Case to Trial – One of the most common litigation options is to file a lawsuit in civil court. If settlement negotiations fail, the case may proceed to trial. During a trial, both sides present evidence and arguments before a judge or jury, which will ultimately determine whether the at-fault driver (the defendant) was negligent and, if so, what amount of compensation is appropriate. Trials can be lengthy and unpredictable, but they offer the chance for a complete presentation of the case. However, because trials are expensive and time-consuming, many car accident cases are settled before they reach this stage.
  • Mediation – Mediation is a more collaborative approach where both parties agree to work with a neutral third party, known as a mediator, to reach a settlement. The mediator facilitates discussions and helps both sides understand each other’s positions. Unlike a trial, the mediator does not make a binding decision. Mediation allows the parties to maintain control over the outcome, and it can often lead to a quicker resolution than ongoing litigation. If mediation fails, the case can still proceed to court.
  • Binding Arbitration – Arbitration is another alternative to taking the car accident case to court. During binding arbitration, both parties agree to present their case before an arbitrator or a panel of arbitrators, who act like private judges. Unlike mediation, the arbitrator makes a binding decision that both parties must accept. Arbitration is generally faster and less formal than a trial, and the rules of evidence are typically more relaxed. However, once the arbitrator makes a decision, it is difficult to appeal, so both parties must be prepared to abide by the outcome.

Each of these options offers different advantages and drawbacks. Choosing the right path depends on the complexity of the car accident case, the amount of compensation sought, and the willingness of both parties to negotiate or go to trial.

Recoverable Third-party Compensation for Injuries and Other Losses in a Car Accident 

If you suffered an injury in a car accident due to another driver’s negligence, you may be entitled to several forms of compensation via a third-party claim or lawsuit. The goal of compensation is to cover the physical, financial, and emotional losses you suffered as a result of the accident. These are commonly referred to as “damages” and can be divided into several key categories:

  • Medical Expenses – One of the primary forms of compensation in a car accident case is for medical costs. This includes any bills related to the treatment of your injuries, such as emergency room visits, surgeries, hospital stays, physical therapy, medications, and any necessary rehabilitation. In cases where injuries lead to long-term or permanent disabilities, you may also be compensated for future medical expenses and ongoing care.
  • Lost Earnings – If your injuries prevent you from working for a period of time, you may be entitled to compensation for the income you lost while recovering. This can include not only the time you missed from work immediately after the accident but also any future loss of earning capacity (if your injuries affect your ability to work in the long term). For example, if you are unable to return to the same job or your earning potential is reduced due to your injuries, you may receive compensation for this loss. 
  • Pain and Suffering – Compensation for pain and suffering is designed to cover the physical and emotional distress resulting from the car crash. This form of compensation is less straightforward to calculate because it involves non-economic damages, such as mental anguish, anxiety, and loss of life enjoyment that can result from serious injuries. The severity and long-term effects of your injuries are usually considered when determining the amount awarded for pain and suffering.
  • Property Damage – In addition to compensation for your injuries, you may be entitled to recover the costs of repairing or replacing your vehicle and any other property damaged in the accident. This includes not only the cost of repairs but also compensation for the loss of use of your vehicle while it is being repaired.
  • Punitive Damages – In some cases, where the other driver’s behavior was especially reckless or malicious, the court may award punitive damages. These damages are designed to punish the negligent driver and deter similar behavior in the future.

Each case is different, and the amount and forms of compensation you may receive depend on the specific circumstances of the accident and the extent of your injuries.

Talk with a Knowledgeable Car Accident Lawyer Today

If you sustained injuries in a car crash that resulted from another driver’s reckless or careless behavior, a skilled Gainesville car accident lawyer in your area can handle the legal steps for you and pursue the compensation you deserve. If the insurance company does not make you a fair settlement offer, your lawyer can pursue litigation in the state court system and fight for the compensation you need there.