From the day of your crash to the day your motor vehicle accident (MVA) case reaches a resolution, a few weeks, months, or even years could elapse. How long an MVA case typically lasts depends on factors specific to the collision. Each claim is unique, so it’s impossible to calculate the “average” duration of an MVA case.
If you’re wondering how long your MVA case may last, you can speak to a legal professional. An Atlanta car accident lawyer near you can discuss the details of your case and fight to resolve your claim or lawsuit as quickly as possible.
Calculating Your Damages After a Car Accident
When preparing to file an insurance claim for an MVA, your car accident attorney can help you calculate a compensation amount that covers all of your losses, including property damage, lost wages, medical bills, pain and suffering, and more. While accounting for property damage may be fairly quick and simple, since all you need is a receipt from the body shop or mechanic who repaired your car, other damages are not as straightforward.
For example, if you suffered catastrophic injuries, such as a traumatic brain injury (TBI), severe internal injuries, or limb loss, you may take a long time to reach maximum medical improvement (MMI). MMI is the point where your medical team believes that neither additional time nor further treatment will significantly improve your condition.
Until you reach MMI, your medical bills and lost wages will continue to pile up, and you want to ensure you seek enough compensation to cover all of them. Therefore, waiting to see how long your recovery takes may affect the length of your case.
Additionally, calculating your non-economic damages, like pain and suffering, can take time, since your lawyer must account for all the ways the accident has negatively affected your quality of life, as well as the impact it will have on you and your family in the future.
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Car Accidents FAQs
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In some car accident claims, the process takes just a few weeks. If it’s clear who the responsible party is, and injuries and property damage, if any, are minor, you may be able to file a claim and receive a settlement check fairly promptly. However, several factors can slow down the case.
Your case may take longer than normal if the at-fault party’s insurance company:
- Denies or undervalues your claim
- Won’t initiate communication and refuses to respond to your queries
- Delays payment beyond a reasonable timeframe
If the insurance company is acting in bad faith, you may need to seek a compensation verdict by filing a personal injury lawsuit.
The Statute of Limitations for Filing a Personal Injury Lawsuit After an MVA in Georgia
O.C.G.A. § 9-3-33 allows you two years from the date of the MVA to file a lawsuit in Georgia. You may need to sue if the insurance company has delayed your claim by acting in bad faith or refusing to offer you a fair settlement amount.
There are exceptions to the two-year rule that could shorten or extend the amount of time you have to file. Your motor vehicle accident attorney can explain the deadline in your case and fight to protect your rights.
While most cases settle before going to court, some MVA claims do go to trial. If your case gets to this point, it may not be resolved until years after the accident.
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How an Attorney Can Help By Investigating Your Auto Accident
Your personal injury attorney will need time to investigate the accident to determine liability, gather evidence of negligence, and assess your losses. Their investigation may include:
- Collecting police and medical reports
- Reviewing CCTV and visual data from other sources
- Interviewing eyewitnesses
- Reviewing the accident with accident reconstruction experts
- Gathering physical evidence from the accident scene
- Interviewing expert witnesses
- Noting what the road conditions, line-of-sight, and weather conditions were on the accident date and confirm whether traffic signals were operational
Once you file a compensation claim, the at-fault driver’s insurance company will need time to investigate the claim. If several vehicles and potentially at-fault parties were involved, serious injuries occurred, or confirming fault is difficult, your case may last longer than normal.
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The Progression of an MVA Case
If you suffered significant losses in a motor vehicle accident, several things must happen before your case concludes. These things may include but are not limited to:
- Seeking medical care for yourself and anyone else who may be injured
- Gathering the insurance and contact information of all involved drivers
- Reporting the accident to law enforcement
- Contacting each involved driver’s insurance company to inform them of the accident
- Speaking with a personal injury attorney about the accident to determine next steps
- Investigating the accident to gather evidence of liability and any negligent actions or inactions that contributed to the accident
- Confirming your losses and all associated costs by gathering medical records, pay stubs, etc.
- Sending a demand letter to the liable party’s auto insurance company for compensation, along with documentation supporting your personal injury claim
- Negotiating for a fair settlement amount with insurance adjusters
- Reviewing any settlement offers from the insurer to determine whether they will cover all your losses
- Filing a car accident lawsuit
- Taking your case to trial, if your personal injury attorney deems it necessary to achieve a favorable outcome
Georgia allows individuals to represent themselves in a personal injury lawsuit, but having a car accident lawyer on your side has many benefits that may make seeking legal representation well worth it.
Schedule Your Free MVA Case Review Today with Bader Scott Injury Lawyers
At Bader Scott Injury Lawyers, our personal injury lawyers will fight for justice for you and your family after a motor vehicle accident. Contact us for your free case consultation today.
We work on a contingency-fee basis, which means you will never pay upfront or out of pocket for our legal services. We promise personalized attention and uncompromising integrity while handling your case.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
