How Long Does a Car Accident Lawsuit Take?

The answer is, unfortunately, “it depends on the complexity of your case.” Some cases take a few months, while others resolve after several years. The Indianapolis car accident injury lawyers at WKW strive to make the process as efficient as possible, but there are some things you can do to shorten the timeline.

What’s the Difference Between a Claim and a Lawsuit?

The most significant factor in the length of a case is whether or not a lawsuit must be filed. Filing a lawsuit can extend the case by a year or more, meaning victims must wait for crash compensation.

Although the terms “claim” and “lawsuit” are often used interchangeably, they refer to very different stages in the process of seeking compensation after a car accident.

What Is a Car Accident Claim?

Claims are informal demands for payment sent to an insurer or at-fault party. Lawsuits start out as claims, but some claims never progress to litigation.

A car accident claim is:

• Not filed in court
• Typically the first step after an accident
• Sent with evidence (medical bills, repair costs, lost wages, etc.)
• Often resolved through negotiation
• A way to obtain a settlement without going to court

What Is a Car Accident Lawsuit?

A lawsuit is a formal legal action filed in court when a claim cannot be resolved through negotiation. In contrast to a claim, a lawsuit:

• Involves filing a complaint in civil court
• Asks the court system to make the insurer pay damages
• Includes depositions, document exchanges, testimony, motions, and possibly a trial
• Can result in a jury or judge deciding the outcome if no settlement is reached

As experienced and aggressive negotiators, our attorneys can often resolve Indiana car accident claims without needing to file suit. However, if settlement negotiations fall through, we’ll file a lawsuit to compel the at-fault party to pay the compensation you are owed.

Indiana Car Crash Settlement Timeline

The litigation process for car accidents differs from case to case, but there are generally six stages:

1. Complaint

The first part of the court process is filing a complaint, officially starting car accident litigation. The complaint must be sent to the defendant, potentially taking several days or weeks if the at-fault parties are hard to find.

2. Answer

Next, the defendant answers the complaint. The answer either accepts liability and issues payment or lists the reasons why the defendant isn’t liable. Courts require an answer to the complaint to be received within a specific timeframe, usually about one month.

3. Discovery

In the discovery stage, evidence is analyzed by both sides. Gathering and examining car accident evidence, such as pictures, witness statements, police reports, and medical records, takes time. Discovery can last from a few months to more than a year.

4. Settlement

Both parties can participate in negotiations at any point before, during, or at the end of the lawsuit process. Most car accident cases end in a settlement. However, if the parties cannot agree on a settlement before trial, the case will go to court.

5. Trial—If Necessary

Trial lengths can vary widely depending on jury selection, opening statements, evidence presentations, closing arguments, and jury deliberation. The majority of car accident trials take at least one year to complete after the lawsuit is filed.

6. Appeal—If Necessary

If either party is unsatisfied with the result of the trial, they may file an appeal. There are several appeal levels, each possibly adding months or years to the car accident lawsuit process.

What Factors Affect How Long an Indiana Car Accident Case Takes?

Several factors can affect how long an Indiana car accident case takes. The most common reasons for delays include:

Filing Extensions and Exceptions

The Indiana statute of limitations for filing an injury claim is generally two years from the date of the accident; however, there are many exceptions to the rule.

Some exceptions shorten the time to file a claim, such as if the accident involved a government vehicle. Other exceptions can lengthen the time to file, such as when a child is injured. It’s important to see a car accident lawyer quickly to determine which deadlines apply to you.

Severity of Injuries

Cases with serious or permanent injuries often take longer to resolve. More severe injuries usually require longer medical treatment, and it’s important to wait until the victim reaches maximum medical improvement (MMI) before settling.

Multiple Parties

Accidents like multi-vehicle or commercial truck crashes can involve more than two parties. Multiple defendants can confuse liability and insurance issues, making the legal process more involved and time-consuming.

Disputed Liability

If the other driver or their insurer disputes fault, settlement can be delayed because investigations are needed to determine who was responsible. The case may require accident reconstruction, witness statements, or expert testimony.

Insurance Company Tactics

Insurers often delay or deny claims to pressure injured parties into settling for less. Negotiations can stretch over months if the insurer drags its feet or makes lowball offers.

Complex Damages

Car crash complications may make it difficult to calculate lost wages, future medical expenses, and pain and suffering. The more complex the damages, the longer it may take to build a solid case or negotiate a fair settlement.

Contact Our Trusted Car Accident Attorneys

At Wilson Kehoe Winingham, we’re ready to take on the person or entity that caused your pain so you and your family can focus on recovery. No matter how long it takes, we’ll be with you every step of the way.

Please call us at (317) 920-6400 or contact us online for a free, no-obligation case evaluation.

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