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Car accident settlements in Fairfax, Virginia can take months to years, depending on case complexity, injury severity, and liability issues. While some claims resolve quickly, others require extensive investigation and negotiation.
For serious injuries, partner with Regan Zambri Long’s experienced car accident attorneys. For nearly 30 years, we’ve excelled in handling Virginia’s strict pure contributory negligence law. We fight relentlessly to secure maximum compensation, building strong cases that hold up under this challenging legal standard.
Our team works efficiently to expedite your settlement while ensuring fair compensation. We manage all insurance company interactions, freeing you to focus on recovery. To understand how we can help with your Fairfax car accident case, contact Regan Zambri Long for a free consultation.
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As mentioned above, a car accident settlement timeline depends on the variables in the case, such as the number of individuals involved in the wreck, the severity of injuries, and any disagreements over compensation.
Generally, a simple car accident claim where a minor collision has occurred between vehicles, resulting in minimal damage and no serious injuries. Common examples include fender benders, parking lot scrapes, side swipes, and backing into stationary vehicles. These accidents usually occur at low speeds, require straightforward insurance claims, and rarely necessitate emergency services. These types of car accidents can take one to 12 months to resolve.
A car accident involving multiple parties, severe injuries, and compensation discussions typically takes anywhere from 6 months to 3 years to resolve fully. The timeline varies based on factors like injury severity, number of involved parties, insurance negotiations, and potential legal proceedings. Complex cases with extensive injuries or disputed liability can extend even longer, sometimes up to 5 years or more in extreme situations.
Keep in mind that each case is unique, and the actual duration of your car accident case can vary significantly based on specific circumstances.
Throughout the lawsuit process, a few entities will investigate the legitimacy of your car accident claim.
The first will be the insurance adjusters when you file a claim with the insurance company. Here, they will decide whether to approve or deny your claim.
If the claim is approved, you will negotiate a settlement with the insurance company. You can accept a settlement but forfeit your right to file a civil claim for additional damages. But if the claim is denied or you don’t feel you were given a fair settlement, you can file a lawsuit against the at-fault party.
Once you file the lawsuit, the at-fault driver will have a month to respond. Here, they can file a motion to dismiss the case. A judge, however, will decide to accept the dismissal or move the case forward.
The discovery phase begins once the judge has approved your case and denied the motion to dismiss. During the discovery phase, each party can submit evidence and request additional evidence from either side.
Typical requests within this phase include:
While this phase can seem overhelming, if both sides can move promptly, it may only take weeks or months. But if one side is uncooperative, it can take far longer.
Both sides have the opportunity to make pre-trial motions. This may involve:
forward.Once all pretrial motions have been accepted or denied, you can move forward with settlement negotiations. Settlement negotiations only occur if the defendant’s insurer wants to avoid a trial. As the victim, you can negotiate or reject a settlement offer.
If a settlement cannot be reached, your case goes to trial. Most car accident lawsuits take only a few days to resolve but can take close to a month, depending on the severity of your injuries. Further, fatal car accidents can take even longer to be tried.
Typically, after reaching a settlement for your Fairfax, Virginia car accident case, the process enters its final phase. The insurance company typically sends the settlement check to your attorney’s office. You’ll then be asked to endorse this check, allowing your law firm to deposit it into their client trust account. Once the check clears, your attorney will prepare a detailed settlement statement. This document outlines the distribution of funds, including deductions for attorney’s fees, reimbursement of any expenses advanced during your case, and payment of outstanding medical bills or liens. After these obligations are settled, your lawyer will disburse the remaining funds to you – your actual compensation from the settlement.
While this process does require some additional waiting, having a skilled Fairfax car accident attorney handle these final steps ensures all financial aspects of your case are properly managed.
You also need to be aware of the factors that can increase the length of your case.
If your case involves severe injuries or multiple parties, the case can be extended. This comes into play when there is a question of who the liable parties are. Further, suppose your injuries result in long-term health complications. In that case, this can impact the value of your settlement, which will likely be picked apart by the defense insurance company and their legal experts.
Sometimes, all parties realize that fault is apparent and want to settle quickly. If both parties agree to settle, your case will avoid a jury and conclude quickly.
One factor often forgotten is that courts have schedules they must follow. If the court in which the case is to be heard has limited availability, this can impact the timing of your settlement.
Not all Northern Virginia law firms are equipped to handle car accident cases. When the law offices involved are not experienced in the types of accidents you were involved in, it can greatly impact the duration of your case.
In addition to the elements that can impact the duration of your case being heard and negotiated, some factors will ultimately delay your case settlement.
Liability disputes are one of the biggest culprits for delaying a case settlement. In cases where there is a question of who is responsible for negligence, the defendant may seek any way to minimize their fault.
For example, suppose road conditions the day of the accident potentially contributed to the physical injuries you sustained. In that case, the defendant can argue that the party responsible for road maintenance is partially to blame and should be held liable.
Additionally, Virginia’s pure contributory negligence rule can significantly prolong the settlement process in car accident cases. This strict standard necessitates more extensive investigations to conclusively establish fault, as even minimal plaintiff negligence can bar recovery. Consequently, negotiations often become more contentious, with insurance companies and defendants leveraging any potential plaintiff fault to resist compensation. This frequently leads to extended settlement discussions and a higher probability of cases proceeding to trial when fault remains disputed. As a result, reaching a settlement in Virginia typically takes longer than in states with more forgiving negligence laws.
The severity of injuries you and any other parties sustained can also impact the time it takes to settle your car accident case. If you are severely injured and unable to make decisions on your own, you may have to wait to begin legal action.
Suppose you are undergoing medical treatment or have complications from your injuries that require long-term medical attention. In that case, this can delay your settlement until you have recovered or a better calculation of your potential expenses can be determined.
Your health is your top priority. If you require extensive recovery, the legal teams may wait to take action until you can go to court.
Some car accidents involve multiple parties, which can complicate a settlement. For example, determining liability can be complicated if your wreck is a multi-car traffic accident. Or, if one of the drivers was an uninsured motorist, this can cause complications when it comes time to collect compensation.
The insurance companies will not rush to pay out your settlement, even if it’s obvious their client was at fault. With our legal services, we’ll work tirelessly so you collect all types of damages you are entitled to.
In general, it can take months to over a year for a car accident settlement to occur. However, if you feel the insurance company is dragging its feet for your claim, call the Fairfax car accident lawyers at Regan Zambri Long.
Our attorneys will review the facts of your case and get the legal process going so you can get fair compensation for your losses and injuries. Our experienced car accident lawyers have decades of experience fighting for victims with catastrophic injuries. Regan Zambri Long has secured millions of dollars in settlements and verdicts covering losses related to:
In cases where the responsible parties were intentionally reckless, we have also recouped punitive damages for victims and their families.
Virginia motor vehicle accident cases are complex. Let us help. Call Regan Zambri Long today for a no-obligation, free consultation.
