One of the things that almost every client wants to know is how long will their case to take.  In car accident cases that answer varies, but this post should provide some guidance on what you can expect depending on your situation.  The classic lawyer answer of “it depends” is unfortunately the answer to this question.

If your case is a clear liability case with significant injuries and minimal available insurance coverage, it is very likely that the case can be resolved without filing a lawsuit.  By way of example, if you have $20,000 in medical bills, but the at fault driver only had $30,000 in available insurance coverage (the minimum coverage required by North Carolina law), it is likely that the at fault driver’s insurance carrier will offer to simply pay their available coverage.  It is then up to your lawyer to determine whether there is any “underinsured motorist” coverage available.  Hopefully there will be, but pursuing that coverage in addition to the at fault driver’s coverage will take additional time.

If your case is a clear liability case with significant injuries and a substantial amount of insurance coverage, there is a chance that the case will be resolved without filing a lawsuit.  However, for a variety of reasons, a lawsuit may need to be filed in order to obtain a fair resolution for you.  Sometimes insurance companies need to gather sufficient information, which is often only available through litigation, in order to justify paying what they owe.

If your case is a contested liability case (meaning it is not clear who was at fault), or there is a question as to whether your own negligence contributed to the accident, a lawsuit will need to be filed in order to sort through those issues before the insurance company will pay your claim.

Finally, if your case is one involving only soft tissue or “whiplash” injuries, with minimal medical treatment, we have found that typically we need to file a lawsuit in order to obtain a result that is satisfactory to our clients.

The reality is, some cases can only be resolved through filing a lawsuit.  However, some cases can and should be resolved without filing a lawsuit.  We can help you navigate whether litigation will be sufficiently worth it for you to justify the time and expense.  Whether litigation is worth it is a conversation that you should have with your attorney before choosing to be involved in a lawsuit.  This is because typically cases where lawsuits are filed take around 1 year (or more in complex cases) to reach a resolution, and the time associated with such a process may not be beneficial to you.

If you have been injured in a car accident and would like to talk with a lawyer about how to seek fair compensation for your injuries, one of our personal injury attorneys would be glad to schedule a free consultation.