Settlements in Rock Hill Car Accident Cases
The attorneys at Schiller & Hamilton have worked many Rock Hill car accident cases. It can vary from two to three months to over three or four years. It depends on the nature of the injuries, the length of recovery, what treatment is going to be required, and the county where the case must be filed, and so on. In some cases, liability may be in dispute and a suit needs to be filed. Once someone has recovered from their injuries and they have reached maximum medical improvement, at that point, the extent of damages is known. A demand can be made to the other party’s insurance company for settlement. Prior to that time, it is very difficult to calculate what the damages are until it is known what treatment will be required and what treatment is completed. Therefore, the length of time it takes to get a claim resolved largely depends on the nature and the extent of the injuries, and the length of treatment.
Typically, after filing a lawsuit, before you can get on the trial roster, the case enters a period called discovery, that period is essentially for one year. During that time, there is mandatory mediation, which both parties are required to mediate the case and try to get it resolved. If it does not resolve, then it gets put on the trial roster. At that point, it could take anywhere from a year to eighteen months to work its way up to trial. Therefore, it could be a long process, but the sooner an attorney gets involved, the shorter that process should take. That is why it is important to make sure that when an accident occurs and you are not at fault to hire proper legal counsel. Talk with a South Carolina car accident attorney because every case is different. Every case is going to take a different amount of time and require different types of work to be done, but the sooner you get a lawyer involved, the better.
Do Most Cases Settle Or End Up Going To Trial When It Comes To Rock Hill Car Accident Injuries?
Typically, the goal is to try to get cases resolved. Fortunately, with mandatory mediation, many cases are being resolved prior to getting in front of a jury. In reality, between eighty and ninety percent of the cases will settle if the investigation is done properly and the damages are significant enough to do so. The earlier an attorney gets involved, the more likely they are able to reach a settlement.
Insurance adjusters have a duty when they begin their investigation to set reserves for that particular loss. If a car accident attorney is involved and they know that that attorney has a reputation for being competent, both outside the courtroom and inside the courtroom, then the reserves will be set higher, which makes it easier to get that case settled.
If someone is trying to handle their case on their own, an insurance company may set their reserves very low. When they get the lawyer involved and the documentation is actually secured and the evidence is presented to the insurance company, then the insurance company may have set their reserves too low. In that case, it becomes very challenging to settle the case. Oftentimes, that requires a lawsuit to be filed, discovery to be done and the case may take longer and will be less likely to settle. This is yet another reason getting a car accident lawyer involved sooner rather than later, will help the case settle rather than having file a lawsuit.