Many people assume that if they have been injured in a car accident, and the other driver was clearly at fault, their case should settle quickly. Unfortunately, the system isn’t as straightforward.
The idea of a good-faith settlement these days is the exception rather than the rule. This is not surprising, given that insurance companies tend to treat every injured victim as if they are exaggerating their injuries, trauma, and financial losses.
Unless your car accident attorney presents strong documentation and evidence to prove damages and is prepared to engage in aggressive settlement negotiations with the insurance company, your claim may be delayed, diminished, or denied.
Estimated Car Accident Settlement Timeline in Wisconsin
In the past, insurance companies used set formulas to settle all claims. You completed your treatment, they added up your medical bills, multiplied by a certain number based on the severity of your injuries, and offered a decent settlement. These days, even the most modest claims are picked apart.
Their goal is to find anything in your past that would cast a shadow of doubt on the validity of your claim. It could be a prior accident, a traffic citation, a pre-existing medical condition, or a gap in the treatment. What you believe your case is worth must be backed by evidence—until then, insurers won’t value it the same way you do.
So, the timeframe for car accident compensation may very well depend on how strong your case is and how willing you are to pursue a fair settlement. This might give you a general idea of the car accident claim duration for most injury claims; however, please note that this is just an example, and every case is different based on its unique facts, injuries, and legal issues:
- 1 to 6–12 Months: Initial Medical Treatment and Recovery Phase. You cannot expect fair insurance settlements until your injuries are well understood and your medical care is either complete or at a point of clear diagnosis.
- 1 to 2 months: Demand letter and documentation. Your attorney puts together your medical records, hospital bills, lost wage proof, and creates a formal demand package in personal injury cases.
- 2 to 4+ weeks: Insurance company response. This is something not even the most experienced attorneys can predict. Some companies ignore the first demand or sit on it for 30+ days. Others reply with a token settlement amount offer that doesn’t come close to covering your actual damages.
- 1 to 3 months: Pre-suit negotiations. If your claim is minor, a settlement agreement with the negligent driver’s insurance company may be finalized quickly. But if it involves hospitalizations, continuing care, or permanent injury, they will likely refuse to negotiate seriously until after you file a suit.
- 6 to 24+ months: Filing your car accident lawsuit. Once it’s filed, both sides begin the discovery process. There are several depositions to be conducted, subpoenas for your medical history, accident reconstruction, surveillance, expert reports, and more. The at-fault party’s insurance conducts an exhaustive investigation of your claim.
If your injuries are serious enough to require surgeries and long-term treatment, or you have sustained permanent impairment, it’s important to wait for maximum medical improvement to determine your full medical expenses..
Importantly, if you decide to file a personal injury lawsuit, keep the court schedule in mind. Due to a backlog of cases, it may take some time before you get a trial date. But this is generally a good thing for claimants; the closer you get to trial, the more pressure is felt by the insurer to negotiate an appropriate compensation. They know they could lose much more in front of a jury.
Don’t Rush to Settle
The severity of your injuries, and thus the length of the settlement process and the amount of compensation you receive, is determined by:
- The precise nature of serious injuries
- The type and duration of your treatment
- Total duration of the recovery, and
- Whether you have any permanent/residual pain or disability
- The skill and experience of your personal injury lawyer
For most injuries, the full extent of damage cannot be fully understood until several weeks or months after the accident. It takes time for treatments to finish and for the injuries to heal enough to assess their true impact. Settling your claim too early may cause you to base your compensation on incomplete information, resulting in a much lower settlement than you should be seeking.
While the pressure of medical bills and lost income may tempt you to accept an insurance adjuster’s early offer, it’s critical for your financial future to resist. Waiting for the full picture of your recovery will help your attorney negotiate for the right amount of compensation, rather than being stuck with an undervalued offer.
If you accept a payment today, and it turns out you need more treatment tomorrow, you cannot go back to get additional compensation.
Don’t Fall for the Unfair Insurance Claim Denial or Reduction Tactics
A large insurance company has an obvious advantage over you: they can bury you in bureaucracy and convoluted legal jargon while the statute of limitations runs out. The unending subpoenas and depositions filed by them also help reveal any prior injuries, mental health history, employment issues, or inconsistent testimony they may use to reject your injury claim.
So why would they settle fast? They don’t have to. Unless they believe your legal team has the skills and evidence to take the case to trial and win, they have every reason to drag their feet. If the insurance company refuses to settle fairly, car accident victims need to prepare for a long haul.
A fair settlement rarely comes from hoping the insurance adjuster will see reason. It comes from building a trial-ready car accident case from day one. The stronger your auto accident evidence, such as police reports, photos and videos, surveillance footage, and witness statements, the sooner the insurance company will realize they’re better off settling than facing your tenacious lawyer in court.
Speak With an Experienced Personal Injury Attorney Today
If you have been injured in a car crash, reach out to our dedicated car accident lawyer at Gingras, Thomsen & Wachs as soon as possible. The moment you sign up with us, our attorneys and our investigative team will immediately move to secure all possible evidence.
We will build a strong case to prove the liability of the negligent parties for maximum compensation for your injuries. To schedule your free consultation, call us at 855-954-1186 or contact us online.
