Following a car accident and discussing the case with your lawyer, the most commonly asked question is this: How long does it take to settle a car accident case in Florida? Victims want to know the answer to this to determine when they can get compensation for any damages incurred from the accident. Plus, navigating a legal battle like this can be overwhelming and stressful, so you want to know how long you will have to endure the entire process.

This guide covers everything you need to know about a car accident case in Florida and when you can expect to achieve a settlement.

 

General Overview of Car Accident Case Settlement Timeline

While every car accident case is unique, there is a general timeline that most cases go through, as long as there are no complexities involved, such as death or a car accident due to drunk driving. Insurance companies must respond to car accident settlement claims within a designated period, per Florida’s state laws.

If all parties involved in a car accident case have agreed, any settlement must be paid for by the insurance company within 20 days. Meanwhile, insurance companies in Florida have up to 30 days to pay any personal injury claims on a car accident case.

The settlement timeline for a car accident case in Florida varies based on various factors. It depends on when the necessary documents and requirements are submitted to an insurance company to investigate the case. They will use that information to assess whether a settlement claim is approved or denied.

Here is an overview of the timeline of a car accident settlement case. 

  • Filing a Claim – It happens immediately after the case, within a week or two.
  • Insurance Company Investigation – This happens within two to four weeks after the accident.
  • Medical Treatment and Recovery Time – It depends on the extent and nature of the injury, which can be a few weeks to months.
  • Demand Letter – This letter is issued to the at-fault driver within a week or two after the medical diagnosis. 
  • Negotiation – The at-fault driver has a few weeks to respond to the demand letter and enter a negotiation. 
  • Settlement Agreement – Both parties must reach a settlement agreement within a few days to a week after they reach an agreement.
  • Payment of Claim – The victim must receive payment within 30 days from the settlement agreement.
  • Final Resolution – It is issued once all payments are settled by the at-fault driver and their insurance company. 

Insurance investigation in a car accident case.

 

Factors That Influence How Long it Takes to Settle a Car Accident Case in Florida

Since every case is unique, it’s crucial to understand the factors that influence the car accident case settlement timeline in Florida. It will give you a fair idea of how long you must wait and what steps to take to speed up the process.

Extent of Injury and Damages

The extent of injury and damages in a car accident case determines how long it takes to settle such a case. A more serious injury or death would mean it takes longer to settle a case. The reason is that you must navigate more legal complexities to ensure that the at-fault driver will be held legally accountable for the damage. Your lawyer must build a strong case to showcase the extent of damages if ever the case goes to trial.

In addition, it will take longer to document and compute all damages, including medical bills and property damages. Another factor that adds to the complexity of these cases would be if the victim cannot work due to their injury, the at-fault driver must pay for lost wages. That would require an additional computation, which adds more time and complexity to the case.

Number of Damages

Determining the type of damages in a car accident case influences the timeline of your car accident case settlement. When most people think of damage, they think about the personal injuries and damage to the victim’s car. However, it could also include non-economic and punitive damages. Your attorney and the court must consider these other damages to ensure the at-fault driver is held accountable for their actions. This is especially true with impaired driving, such as driving under the influence of alcohol.

Discussing the number of damages sustained is essential so you don’t risk settling for less in your case and ensure the offending driver pays for all physical or emotional damages. 

Serious Injury Threshold

Aside from the complexities mentioned above resulting from injuries or damages sustained from a car accident, the state of Florida imposes a so-called “serious injury threshold.” Cases will take longer to be settled if you sustained serious injuries versus minor ones. The court must assess your injuries separately to determine if it meets the serious injury threshold. If that is the case, the court uses that in determining the penalties or fines for the at-fault driver. Proper classification of cases is vital in this case. 

Involvement of All Parties

How cooperative is the other party in the car accident case settlement? The level of involvement of all parties involved affects how long it takes to settle a car accident in Florida. 

If the other party cooperates, they will be happy to show up for interviews and provide the necessary documents. But if they’re uncooperative, it would take longer for the justice system to get the ball rolling since they lack the required documents to move the case along. 

Peopled involved in a car accident in Miami.

Access to Evidence and Eyewitnesses

Are there witnesses to the car accident in Miami? If yes, could you get hold of their contact information? The same goes for the evidence. Is there enough documentation of the car accident immediately following the collision? 

The availability of eyewitness accounts and evidence documentation can impact how long it takes to settle a car accident case in Florida. Photo or video evidence is crucial in having a strong case against the at-fault driver because it serves as proof of liability. It is especially powerful in court when they coincide with the eyewitness statements.

Therefore, having access to these two can be critical in settling the case in your favor. It is essential to document the accident scene to ensure you preserve the integrity of the evidence and can use it against the other driver in proving fault. 

Insurance Company

When an insurance company is involved in a car accident case settlement, it could play a factor in the timeline of the case settlement. Some insurance companies will attempt to negotiate the claim terms with the victims and attorneys. It can delay the settlement process because they must consider all parties involved, which means it takes longer to settle the claim. 

Since insurance companies run a business, they always aim to avoid losing money. Cases involving large amounts of money for settlement take longer to settle because the insurance company will investigate the intricacies of the case in search of loopholes that would keep them from paying. It can also be their trick to force your hand to try and lower the settlement amount. 

In this case, you should stand fast against these tactics and accept nothing less than what your case is worth. 

Court Backlog

An unfortunate factor that could influence how long it takes to settle a car accident case in Florida is the court backlog. Sometimes, you’ve done your part in complying with the required documents and evidence for the case settlement. But you cannot expect a timely result because of the existing backlogs in the Florida court system. It is incredibly challenging during peak times of the year, causing delays in the case resolution. 

 

Why It’s Crucial to Hire a Car Accident Lawyer in Florida

Given the factors influencing the length of settlement for car accidents in Florida, will hiring a lawyer be any help? Yes, a lawyer can help speed up the settlement when you’re involved in a car accident in Miami.

Specific actions can legally jeopardize your car accident case. An experienced Miami car accident lawyer can help avoid the common pitfalls that can delay your case or jeopardize your case’s legal standing. Their expertise also ensures you can achieve a fair outcome.

Legal and Negotiation Skills

An experienced lawyer possesses negotiation skills and strategies when representing your car accident case. For example, they have experience working with insurance companies so you can circumnavigate their tactics to achieve the best settlement offer possible and achieve a faster resolution.

They’ve seen all possible scenarios there and know how to handle every curveball. It helps you prepare the best strategy to achieve a favorable outcome. 

Organizing Evidence and Documentation

Working with a car accident lawyer in Miami is recommended because they can provide legal guidance. If you’re lucky, you should only deal with a car accident case once in your life. It means you have little to no experience on what to do when you find yourself in this situation whereas a lawyer has seen this before. They can inform you on what to do immediately after the car accident and what steps to take to ensure that you can build a strong case. 

Making Lawsuit a Last Resort

Even when working on a car accident case with an attorney, you should consider litigation as a last resort. Filing a lawsuit is something that most people think of right away after falling victim to a car accident. However, a lawsuit involves high costs and it could take a long while before you can establish a resolution. Litigation can take from one year to a few years. Therefore, a car accident lawyer will consider other options before litigation.

And if you decide to file a lawsuit against the at-fault driver, they can guide you through the process. Florida imposes a statute of limitations for auto accidents, which is four years from the incident date. If you cannot file the lawsuit within four years, you are barred from pursuing compensation for damages. Without a lawyer to serve as your legal guardian, you won’t be aware of these legal nuances that could work against your desire to seek compensation for any damages.

 

Faster Settlement Isn’t Always Good, Here’s Why

While you might desire a quick resolution and settlement to your car accident case, it’s not always good. The last thing you’d want is to settle for less in exchange for a faster settlement.

A car accident case carries many financial burdens, either because of the medical bills incurred for your injuries or damage to your car. You will sometimes be forced out of work due to your injury. However, quick settlements often happen that way because they are lower and something that insurance companies would be willing to pay. If you accept the lower compensation for a quick settlement, you could suffer in the long run since the settlement amount won’t be enough to cover your expenses, such as ongoing medical bills and car repairs.

Since for-profit insurance companies aim to prolong a settlement case to convince victims to settle for less, don’t fall into that trap. An experienced car accident lawyer in Miami could advise you on the best action to take and how to negotiate with insurance companies. 

To achieve a higher settlement offer, you must be willing to negotiate and go through the lengthy process. 

Car accident cases can be highly stressful. And that’s why working with an attorney is the most crucial decision you could make about your case. They can navigate the legal battles for you and keep you well-informed about the best strategies while ensuring you get the settlement you deserve based on the extent and nature of the damages. On the other hand, you can focus on fully recovering from your injuries or dealing with the trauma of the accident.