Timeline For A Rear-End Auto Accident Claim

No lawyer could tell a potential client exactly how long it might take to achieve resolution of a submitted claim. Still, all potential clients could learn about the times when a resolution would most likely result from any chosen procedure.

An early settlement might resolve the dispute.

Chances for an early settlement increase, if the accident caused only minor injuries, if the driver and passengers had no pre-existing conditions and if the other driver was clearly at-fault, and also had car insurance.

The plaintiff must offer evidence of the other driver’s liability. Witness statements, photos, video footage, medical reports and proof of lost earnings can all serve as evidence.

If an early settlement has resolved a dispute, the insurance company writes a check to the claimant or the claimant’s lawyer. The check gets sent to the claimant after he or she has signed a release. The entire process takes between 30 and 90 days.

The 2 parties might resolve their dispute during a discovery session.

Each side reveals all the facts that it has collected. If the facts do not prove the case, then the defendant might ask for dismissal of the unverified allegations.

If the facts show that the plaintiff has a strong case, then the defendant might agree to an out-of-court settlement. This development could take place at any point that falls 6 to 12 months beyond the date of the reported accident.

Circumstances that could prolong the time that must pass before resolution

• The facts might show that the plaintiff was partly at-fault.
• The facts might indicate that some faulty part in the responsible driver’s automobile caused the accident.
• The issues raised by those circumstances might get resolved through utilization of mediation. That could add another 2 to 3 months to the timeline for this particular case.

A trial might be scheduled.

If mediation did not end with a settlement, and if one of the 2 disputing parties did not want to take part in a mediation session, then the court would need to schedule a trial. Personal Injury Lawyer in Barrie knows that the scheduling of a trial does not require the appearance of both parties in the courtroom on the scheduled date. The 2 sides might manage to settle their dispute before the trial was to get underway.

The length of a trial, once it has started is difficult to predict. Any plaintiff should accept the fact that the courtroom proceedings could go on for as much as 2 years. On the other hand, the 2 sides could find it possible to resolve their dispute before the judge had chosen to hear the jury’s verdict. Yet, it is also possible that the other side might decide to appeal that same verdict.