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Law Office of Michael D. Waks

How Long Will It Take To Settle A Car Accident Claim And Will I Have To Go To Court?

car accident claimWhen I meet clients for the first time about their auto accident, there are two questions I am almost always asked; “How long will it take to settle my car accident claim?” and “Will I need to go to court?” As much as I would like to give them a definitive answer, the truth is that every accident is literally different, and so are the cases.  As the case progresses there are some key factors that will determine how long it will take the case to settle – whether or not the facts surrounding the accident are disputed, the type and length of time required to treat injuries, and how willing the insurance company for the at-fault driver is to agree to an appropriate settlement.

Settle a Car Accident Claim or Go to Trial

An experienced car accident attorney is both a highly-trained negotiator and a highly-skilled trial attorney.  In some cases, when, for instance, the facts of the case are in dispute, it may be risky to take a case to trial. When that happens, the practiced auto accident lawyer will negotiate a settlement with the insurance company for the at-fault driver. On the other hand, sometimes the insurance company for the at-fault driver refuses to act in good faith and settle the case for an appropriate amount even though the facts are indisputable. If that is the situation, the attorney will take the case trial. Whether a case will settle or go to trial depends on the particular facts surrounding the accident, so getting all the facts as quickly as possible is key.

In order for an auto accident attorney to get a feel for the case he will conduct a thorough investigation. Again, each case is different, but generally, after accumulating all the necessary information from the client, the attorney will review existing police reports, speak to witnesses, and send experts to the accident scene to gather information and take pictures. Most importantly, the attorney will need to know the type and severity of the injuries sustained by the client in the car accident. Car accident claims where an individual sustains “soft tissue” type injuries will resolve well before accident claims where the client’s injuries require surgical intervention. This is the case because until his client has completely recovered, or has been discharged by the medical provider in a “permanent and stationary” condition, the attorney can not properly evaluate the totality of the damages.

It is never in the best interests of the client to rush the case simply to get a quick settlement. A personal injury attorney’s responsibility is to protect his clients’ interests by investing the time, effort and money necessary to maximize his client’s chances of receiving either a fair and just settlement out of court, or the right jury verdict in court.

An auto accident attorney will use his experience to choose the option that will achieve the best result for his client. That is why it is so important to have an attorney who can skillfully negotiate a settlement and aggressively litigate a claim. Although there is no “magic number” I can give a client for when all of the pieces of a case will come together, I do feel safe saying that the majority of auto accident claims resolve in a period of three (3) months to three (3) years.

Call an Experienced Long Beach Automobile Accident Attorney for More Information

Your Injuries are Personal to Me

My law practice exclusively represents personal injury victims and does so with a deep understanding of their suffering and an absolute commitment to their recovery. I take your injuries personally, and that is why I directly handle all aspects of every case to ensure that you receive maximum compensation.

Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.

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