How Long Do Car Accident Lawsuits Take?

According to the 2021 report from the Michigan State Police, 282,640 crashes occurred by the end of the year. This was a 15% increase from 2020, which recorded 245,432 crashes.  Given the high number of car accidents in Michigan, the duration of a car accident lawsuit will vary. Add to this the fact that some courts are still backed up from Covid-19. However, as a rule of thumb, a car accident lawsuit takes one to two years.

It’s also good to note that the final timeline will depend on various factors. Some of which include the individual involved, the facts of the case, and the claim. Sometimes, even the insurance company can have an effect on the lawsuit process.

Factors That Affect The Duration of a Car Accident Lawsuit

Below are the main factors that you should consider when it comes to how long a lawsuit for a car accident will take.

• Physical status of the victim:
  1. What are their injuries?
  2. What is the doctor’s prognosis?
  3. Are there any medical needs you have to consider?
• The experience of the victims lawyer.
• The insurer of the at-fault driver.
• Contesting liability by the at-fault driver.
• The location where the case was filed.
• The assigned judge to the case

More Factors That Affect How Long a Car Accident Lawsuit Will Take

In addition, make sure to also consider the following factors help you further determine how long your lawsuit for a car accident will take:

• The accident’s effect on your health:
  1. Do you have any injuries?
  2. Have you been partially or fully disabled?
  3. What are your current medical needs, and will these change in the future?
  4. Do you also need to be covered for lost wages?
• While the victim’s lawyer’s experience is an important aspect, your lawyer’s experience should also be considered.
• Liability insurance coverage:
  1. What are the limits of the at-fault driver’s insurance coverage?
  2. Are there several layers of liability insurance with various insurance companies?
  3. What is the insurance company of the at-fault driver?
• The people assigned to the case:
  1. Claims adjuster
  2. Insurance defense lawyer/s
  3. Private defense lawyer – This applies when the at-fault driver is self-insured.
  4. Judge
• Other logistical factors:
  1. Which court your lawsuit for a car accident was filed
  2. The speed of determining the schedule for trial

Important Events That Will Also Affect How Long a Car Accident Lawsuit Will Take

Apart from the details of the case pointed out previously, there are also significant events you should consider. If you’re asking how long a lawsuit for a car accident will take, make sure to watch out for these events too:

1. Filing of the complaint.

Your lawyer will kick off the lawsuit by filing a complaint. They must draft the complaint and file it with the correct court. A copy will then be served to the at-fault driver.  In filing a complaint, you must also check the insurance company. They should be served with a copy of the complaint as well.

2. Start of the legal discovery process.

This step aims to find out the pertinent facts you will need to prove your case. This step will also help you and your legal team discover any facts that could be used by the at-fault driver. These facts will most likely be used to dodge accountability for the damages and injuries you have experienced.

3. Case evaluation is held.

This stage is an informal and non-binding process. Here, a panel composed of the plaintiff’s lawyer, the defense’s lawyer, and a “neutral” lawyer will then hear the arguments and evidence presented by both the victim and the at-fault driver’s lawyers. The panel will then evaluate the lawsuit and provide their assessment of the settlement amount.

4. Mediation or facilitation.

This only happens when case evaluation is not fruitful. The judge may ask both parties to reach a settlement via a different resolution instead. If there is no settlement between the two parties, the final option is to try the case before a judge or jury.

If You or Someone You Love Has Been Injured in a Car Accident, Call The Clark Law Office.

For competent, experienced and skilled personal injury lawyers in Lansing and Okemos, Michigan, contact The Clark Law Office. We are dedicated to representing you and not any insurance company. You are in safe hands when you work with us to win your case.  Contact us at (517) 347-6900 for a free consultation or send your inquiries to info@theclarklawoffice.com.