One of the most common questions for car accident victims in Clearwater, FL, is, “How long will my car accident case take to settle?” Unfortunately, there is not a simple answer. The time it takes to settle a car accident case in Clearwater, Florida, depends on different factors, including the complexity of your case and the severity of your injuries. Some cases are resolved in weeks, while others may take months or years to settle.
Our Clearwater car accident lawyers can help you evaluate how long it may take to settle your car accident case. Contact Winters & Yonker Personal Injury Lawyers today at (727) 493-4418 to schedule a free consultation with a Clearwater car accident attorney and learn more about the timeline for your case.
How Winters & Yonker Personal Injury Lawyers Can Help You Move Toward a Car Accident Settlement in Clearwater
For the last 23 years, the personal injury team at Winters & Yonker Personal Injury Lawyers has helped car accident victims in Clearwater, FL, fight for fair compensation. Our team has over 119 years of combined experience negotiating settlements in personal injury cases, bringing clients tens of millions of dollars in compensation for medical expenses and other damages.
Our Clearwater personal injury lawyers can guide you through all aspects of the settlement process, including:
- Investigating the cause of your car accident
- Gathering eyewitness statements and other evidence
- Calculating your economic and non-economic damages
- Filing insurance claims against at-fault parties
- Handling all communication with insurance companies
- Negotiating aggressively with insurance companies for fair settlements
- Representing you in court, if necessary
Schedule a free consultation with our Clearwater car accident attorneys if you or a loved one has been involved in a car accident.
Is Florida a Fault or No-Fault Insurance State for Car Accidents?
Florida is a no-fault state. This means that all Floridians must carry Personal Injury Protection (PIP) coverage, which will pay for a certain amount of medical expenses and lost wages after a car accident, regardless of who caused it.
Drivers in Florida are required to carry a minimum of:
- $10,000 in PIP coverage
- $10,000 in Property Damage Liability (PDL) coverage
PIP coverage is often insufficient for serious injuries. If you or a loved one are facing serious injuries, you may be able to pursue a claim and car accident settlement from the at-fault driver’s insurance company. This can add time to the settlement process.
What’s the Typical Timeline for Car Accident Settlements in Clearwater, Florida?
Every case is unique. There is no one-size-fits-all answer to how long a case may take to settle or whether it will at all. Cases with minor injuries and clear liability may settle within a few weeks to a few months, while cases involving more significant injuries or disputed liability may take months to years to settle. Severe injuries, high damages, and litigation routinely prolong cases.
What Factors Can Affect the Settlement Timeline?
Several factors can influence how long it may take to settle your car accident case in Clearwater. Some cases resolve quickly, while others require extensive investigations and negotiations. Common factors that may impact the length of your case:
Severity of Injuries
The severity of your injuries is one of the most significant factors affecting how long it may take to settle. Cases involving catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, or severe burns, often take the longest to settle because they involve higher damages, which insurance companies will be more likely to scrutinize. This may be done with expert opinions from medical professionals and other specialists.
It can also take months or years for victims to reach maximum medical improvement
(MMI). This is the point at which no further improvement is expected in your recovery. Settling a claim before reaching MMI could cause you to accept inadequate compensation for future medical costs.
Disputed Liability
Liability disputes are another major factor that can delay settling a car accident case. This could happen if the at-fault driver denies responsibility for the accident or multiple parties are involved. Your car accident lawyer will need to gather and analyze evidence, such as police reports, witness statements, and accident scene photos, to establish fault. This can be time-consuming, especially if evidence is challenging to obtain.
Comparative Fault
Florida follows a modified comparative fault rule, which allows multiple parties to share responsibility for a car accident. Being partially liable for a car accident will reduce your compensation proportionally by your share of fault. It will also bar you from recovering compensation entirely if you are found to be more than 50 percent liable. Disputes over liability for an accident can prolong negotiations.
Negotiations
Negotiating with insurance companies can be a lengthy process. Insurance adjusters may dispute the extent of your injuries or their insured’s liability. Multiple rounds of negotiations may be required to reach a fair settlement that compensates you, especially if insurance companies use tactics to delay settlements and minimize payouts.
What Happens if My Case Doesn’t Settle?
Your Clearwater car accident lawyer may need to file a lawsuit against the at-fault driver or their insurance company. Filing a lawsuit does not necessarily mean your case will go to trial, and many cases are settled out of court during the pretrial phase. However, preparing for trial will add additional time to your case.
Your lawyer will need to:
- File a complaint
- Prepare other legal documents
- Argue pretrial motions
- Complete discovery
- Retain expert witnesses
- Attend hearings
It can take several months or even years for a car accident case to go to trial if your case does not settle beforehand.
Contact Our Clearwater Car Accident Lawyers for a Free Consultation
The time it takes to settle a car accident case in Clearwater, FL, depends on many factors, including the severity of your injuries, the complexity of your case, and the cooperation of the insurance companies involved. Patience and persistence may be required to obtain a fair settlement. Working with an experienced Clearwater car accident lawyer can improve the odds of recovering compensation if you or a loved one has been injured in a car accident. Schedule a free consultation today.
