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If you have sustained an injury from a car accident, one of the most important concerns is how long it might take to resolve your claim. The answer depends on the specifics of your case, such as how clearly another party is at fault for what happened and their insurer’s willingness to settle before a case heads to trial. In New Jersey, complex cases with disputed facts can take between four and six years to resolve. Be aware that your case could take shorter or longer, depending on the circumstances.
Factors That Determine the Length of a Car Accident Lawsuit
Several factors can determine how long a particular car accident lawsuit will take:
- Case Complexity. Cases with multiple defendants or complicated medical diagnoses take longer to assess and pursue. It may also be difficult to determine liability because the circumstances of the accident were complex.
- Injury Severity. Injuries that require multiple surgeries or that cause several systemic issues can lengthen a case. For instance, if you become disabled and lose your job, you may need to work with medical and economic experts to understand the long-term effects of your injuries on your financial and personal well-being.
- Discovery Proceedings. The discovery process can take significant time to complete as both sides investigate and share their findings.
- Witness Availability. Many car accident cases involve testimony from eyewitnesses who saw the accident occur. Identifying and tracking down witnesses takes time and can delay claim proceedings, and expert witnesses may have scheduling conflicts.
- Court Backlog. A specific court might have a backlog of cases, meaning it will take longer to hear yours. The most likely reason for a court backlog is that there are not enough judges to hear all scheduled cases.
- Settlement Negotiations. Most successful car accident claims end with an out-of-court settlement, which means the case ends before the conclusion of a trial. While settlements can speed the process up, they also take time to negotiate, especially if there is considerable back-and-forth between the involved parties.
Tips to Speed Up a Car Accident Lawsuit
Ultimately, many factors determining car accident claim and lawsuit timelines are beyond your control. However, there are some things you can do to avoid delays on your end.
- Contact a personal injury attorney ASAP. The single most effective thing you can do is talk to a lawyer. The sooner you talk to an attorney, the sooner they can start building your case and initiate formal proceedings.
- Get medical documentation early. You want to see a doctor as soon as you can after a car accident. You’ll need documentation to file a claim, and delaying medical care might be a reason opposed parties use to dispute the extent and severity of your injuries.
- Document everything. The more evidence you have of the accident and your injuries, the harder it will be for insurance companies to dispute your claims. Valuable evidence can include pictures, video recordings, and anything else corroborating your version of events.
- Watch what you say/do. Avoid making any public comments or speaking with anyone about the accident except your attorney. Be careful about what you post on public forums, such as making social media posts. For instance, if you post a picture of you engaging in physical activity, it could be used as evidence against the claimed severity of your injuries.
Car Accident Attorneys Serving New Jersey
Navigating through a car accident lawsuit can be a time-consuming and stressful experience. One of our attorneys can take the lead and manage your claim so you can focus on rest and recovery. Contact Nagel Rice, LLP online or call our office today to speak to a car accident attorney in New Jersey.