Dealing with a car accident in Boca Raton is not easy, since there are a variety of things to consider. Not only do you have to handle your injuries, but you also have to acquire evidence, negotiate with the insurance company and also handle a potential lawsuit. It’s quite difficult, and that’s why many people are wondering how much time does a car accident case take. Here’s what you want to know.
The statute of limitations in Florida
Since Boca Raton is in Florida, the state’s legal framework applies when it comes to the statute of limitations. And in Florida, the statute of limitations is 2 years from the accident date for crashes after 24th march 2023. Property damage claims will have a statute of limitations of 4 years starting with the date of the accident. And then we have the wrongful death claims, which will be 2 years from the date of death. In this case, the incident case does not matter, only the date of death counts.
How much will a car accident case take?
Clearly, there’s no one-size-fits-all answer. But there are some average timelines that you have to keep in mind. Settlements can take anywhere from months to a few years. A full lawsuit is going to take 1.5 to 3 years on average. And if we are talking about a more complex case, it can take over 3 years a lot of the time. So yes, these are time-consuming situations, and you don’t always get the results you want even after waiting for so much time.
Car accident case timeline
- Right after the crash, you call 911, the law enforcement comes, you seek medical care and you exchange information with other drivers. The crash also needs to be reported to the insurance company in this situation.
- After that, you have the initial claim filing and investigation, which can take 1-3 months. The insurance company reviews the medical and crash records. They will also collect vehicle damage estimates, witness statements and so on.
- Medical treatments can take 3 months to a year on average, maybe more. It depends on the severity of the injury. Minor injuries will take weeks to a few months, moderate injuries up to 9 months and fractures, surgeries or anything more complex can take 1-2 years.
- Settlement negotiations will take 2-6 months to handle. There are times when settlements are easier to solve. But there are also situations where damages or liability gets disputed. In those cases, the settlement process might take a lot more time. That’s why you want to have the best Boca Raton Car Accident Attorney you can afford, just to be on the safe side.
Filing a lawsuit isn’t necessary, in fact most of these situations can be solved via your insurance. However, if the insurance company doesn’t provide a fair offer, a formal lawsuit in the civil court is going to be necessary.
Litigation phase
When the settlement negotiations fail, then the case enters litigation. The steps can include discovery, then depositions, motions, mediation, trial preparation and then the final trial. Litigation is a process that can take up to 1-2 years. Things that affect the schedule would be case complexity, court schedules and any appeals. Those will definitely have an impact on the timeline as a whole.
Timelines based on case types
- If you have a minor injury case, then a simple settlement and a timeline of 3-6 months is what you would expect.
- For moderate injury cases, you can expect a timeline of 6-12 months. That’s because the injury takes a bit to stabilize.
- Serious injuries have a longer timeline, and disputes can also add to that as well. But you can expect around 1-2 years here.
- In the case of a lawsuit or litigation, the timeline is around 18 to 36 months, sometimes even longer.
What factors slow down the case?
There are tons of factors that will slow down the case, sometimes significantly. For example, the severity of your injuries is going to matter quite a bit. The same thing is valid when it comes to disputed liability, but also using various insurer tactics. Some of the other things that add to this include court backlogs, multiple parties, and so on. Clearly, there will always be challenges when it comes to any car accident case. And the timeline to solve that case will vary from a few months to multiple years. Plus, if there are things that slow down the case, that does matter even more so than expected. It’s a very good idea to learn what affects the timeline, and also narrow down ways you can speed up the process. Hiring a good legal representative is an excellent idea, and it can eliminate a lot of these concerns!
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