Victims of car accidents should be hesitant to accept any quick settlement offers from the insurance companies. Understanding the legal process and having realistic expectations of how long it may take to fairly resolve your case will give you a better chance at receiving the fair compensation you deserve for your injuries.
The Lakeland car accident lawyers with our law firm explain what you can expect from the moment the accident occurred to when you finally receive a settlement.
How Long Does a Car Accident Claim Take?
The average car accident settlement timeline in Florida can vary from two months to two years or more, depending on various factors. Below, our auto accident attorneys in Lakeland, FL, explain the basic events in the claims process:
Day 0: The Accident
The first event is the accident itself. Located east of Tampa off of I-4, Lakeland has several busy streets, residential neighborhoods, and commercial zones. As the accident victim, your first actions can greatly influence the outcome of your claim. You should:
- Call 911: Depending on the location, either the Lakeland Police Department, the Polk County Sheriff’s Office (PCSO), or the Florida Highway Patrol (FHP) will handle the accident and create a police report
- Seek immediate medical attention: If there are serious injuries, emergency medical services will respond; if not, go to the emergency room at Lakeland Regional Health for a full diagnosis.
- Take as many pictures as you can: If your injuries permit, take photos of your injuries, the car accident, the vehicle damage, the surrounding area, and anything that you feel may be relevant.
- Ask for contact and insurance information: Ask the other driver for their contact and insurance information; if there are witnesses, ask for their contact information.
The more information you gather while you are at the scene, the stronger your claim will be.
Day 3 to Day 10: The Police Report Is Filed
After three to ten days, the responding officer will have had time to complete the traffic crash report. Their report must comply with Florida Statutes § 316.066, which typically includes such information as:
- Parties involved
- Initial fault assessment
- Witness statements
- Citations, if any, were issued
Again, depending on which department responded to the car accident, you can either get a copy of the report from the department in person, by mail, or online. You will need the responding officer’s name, the case number, and the time, date, and location of the accident.
Be aware that the police report is not the final word on fault, but insurers heavily rely on it.
Day 0 to Weeks After: You Begin Medical Treatment
Whether you see a doctor in the ER, an urgent care center, or your primary care doctor, they will perform testing and imaging for a diagnosis of your injuries and start you on a treatment program. Based on the severity of your injuries, your treatment program may continue for weeks to months.
In any situation where you do not immediately see a doctor, you must see one within 14 days of the accident if you wish to have access to your mandatory personal injury protection (PIP) coverage. Florida PIP is a no-fault insurance system that provides some medical and disability benefits.
Also, do not skip appointments, as gaps in your treatment can be used by insurers to reduce or deny claims.
Day 1 to Week 2: Insurance Claims Are Opened
You will need to contact your insurer to open a PIP claim. You may also need to open a bodily injury claim with the at-fault driver’s insurer. After the claims are opened, each is assigned an insurance adjuster to assess the value of the claim.
The adjusters in your case will request a recorded statement. They will also offer a quick settlement. In both instances, we advise clients to pause and contact a Lakeland car accident attorney to avoid any costly mistakes.
Your statements could be used to devalue your claim, and the quick settlements they offer will likely not cover all your expenses.
Day 1 to Month 6 or More: Ongoing Treatment and Recovery
Once treatment has begun, you must allow yourself the time needed to recover. You may:
- Improve
- Plateau
- Discover that injuries are worse than initially thought
If you suffer severe injuries, your recovery could take even longer than the 6 months, possibly resulting in permanent injuries.
You should not settle until treatment stabilizes or doctors can reasonably predict future needs. Settling too early will result in no compensation if additional complications and injuries arise.
Varies: Maximum Medical Improvement (MMI) Is Reached
Maximum medical improvement (MMI) means your doctors have determined that you have fully recovered or reached a stable condition unlikely to improve further.
At this point, future treatment needs may be identified. MMI is often the turning point that allows a claim to be properly valued.
Week 2 to Week 6 After MMI: Demand Package Is Prepared and Sent
At this point in the Lakeland car accident claim timeline, your personal injury attorney will gather evidence such as:
- Medical records and bills
- Lost wage documentation
- Accident evidence, such as photos, videos, and testimonies
- Pain and suffering narrative
A formal settlement demand, backed by the evidence gathered, is sent to the insurer. They will typically respond within 30 days. It may take longer, depending on the circumstances in the case.
Month 1 to Month 6: Settlement Negotiations Begin
The insurer may respond in one of three ways. They may
- Deny the demand
- Counter with a lowball offer
- Give a reasonable offer
Depending on their response, our attorneys will proceed with negotiations. Often, disputes on settlements are due to the following:
- The severity of your injuries
- The limits on the insurance policies
- Disputes over liability
Thankfully, most car accident cases settle without a lawsuit, but not instantly.
Month 6 to Month 18 or more: A Lawsuit Is Filed
If our attorneys feel that negotiations have stalled or the insurance company is unwilling to negotiate further, we will proceed with a lawsuit. A lawsuit would then involve discovery, depositions, and possibly mediation.
Filing a lawsuit doesn’t mean going to trial. Lawsuits are expensive, and most insurance companies will work to avoid them. Proceeding with a lawsuit is often used as leverage.
Also, your attorney must begin this process before the statute of limitations expires, so contacting them early is necessary.
Week 1 to Week 2 After Agreement: Settlement Agreement Signed
When both parties agree to a final settlement, a release of claims is signed. This release means the personal injury case is officially over and cannot be reopened.
Week 2 to Week 6 After Agreement: Settlement Check Is Issued
The insurance company will then issue a payment. Typically, these funds go to your attorney’s trust account. From that, medical liens and legal fees are paid, and then you receive a net settlement check.
Call the Law Offices of Wolf & Pravato About Your Lakeland Car Accident Claim Today
If you have suffered injuries in a Lakeland or Polk County car accident, our law firm can help. We provide free initial consultations and work on contingency.
Call us today at (844) 643-7200 to learn more.