If you have ever traveled on SE Foster Road, the I-205 freeway ramps, or other congested routes, you know how challenging the traffic can be. In many instances, Portlanders find themselves involved in car accidents caused by distracted or impaired driving or failure to obey traffic rules.
Regardless of where or how your car accident occurred, if another person’s negligence has injured you, you may be wondering about how long it will take to recover compensation. Many car accident victims often find themselves struggling to deal with lost wages, unexpected medical bills, and pain and suffering.
The following article outlines the car accident settlement timeline and explains the legal options that may apply to your case.
The Short Answer – How Long Most Car Accident Cases Take
Because the circumstances of every car accident case are different, the time it takes to settle a claim will also vary. Generally, most car accident claims settle within 6 to 18 months. But cases involving multiple liability issues or other legal complexities may take 2 to 3 years or more to be resolved.
Cases involving insurance claims are typically settled faster than lawsuits that may go to court. Oregon has a strict two-year statute of limitations (ORS 12.110) that sets the time limit for filing a lawsuit. Even so, most car accident cases are settled out of court.
Even though the statute of limitations sets a deadline for seeking damages, rushing into a settlement can often result in lower compensation.
Phase 1-2 – Medical Treatment, Investigation, and Demand
A common misconception is that accident victims can and should settle their cases shortly after filing their claims. In reality, it is best to wait to begin settlement negotiations after an injury victim has reached “maximum medical improvement.”
The typical timeline for a car accident claim involving only minor injuries can take several weeks to months. For auto accidents that have resulted in severe injuries, the timeline can be significantly longer and range from 6 to 12+ months for MMI.
The Dangers of Settling Your Claim Too Quickly
One of the primary disadvantages of settling too quickly is that once you sign the Release of All Claims form, you lose all future right to pursue compensation even if your condition worsens over time. Non-economic damages, such as pain and suffering, are difficult to calculate without knowing how your injuries will affect your life over time. Insurance adjusters will always value an unreached MMI case at the lowest possible baseline.
Oregon statute (ORS 31.705(2)(a)) allows car accident victims to try to recover future medical expenses. Even so, anyone pursuing damages for medical bills must present supporting documentation that substantiates their claim.
Investigation and Demand Letter
One to three months after you have reached MMI, your attorney will begin an investigation to gather evidence, including police reports, medical records, witness statements, and expert opinions. Portland auto accident cases may involve gathering records from OSHU, Providence, Legacy, and other area health systems, which can take time. After the investigation is complete, your attorney will send a demand letter to the at-fault driver’s insurer detailing the facts of the case and requesting a specific settlement amount.
Phase 3-4 – Insurance Negotiations and Filing a Lawsuit
During the active negotiation stage, which generally lasts 1 to 4 months, your attorney and the insurance adjuster will work toward a settlement. Insurance companies are committed to protecting their bottom line. The insurer may try to delay, present lowball offers, dispute medical necessity, or blame your injuries on pre-existing conditions. During the negotiation process, insurers are obligated to act in good faith as outlined in Oregon’s Unfair Claims Settlement Practices Act (ORS 746.230).
If your attorney and the insurance company cannot agree on a fair settlement, you may need to file a lawsuit. But, filing a lawsuit does not necessarily mean that the case will go to trial. In Multnomah County, most filed cases are still settled out of court.
The Oregon Circuit Court Process
The Oregon Circuit Court process involves several steps:
- Filing the complaint
- Service of process
- The defendant’s offer
Filing a personal injury lawsuit may take several days, and the defendant has 30 days to respond as dictated under ORCP 7. If the accident occurred in Portland, the lawsuit will be filed in Multnomah County Circuit Court.
Phase 5-7 – Discovery, Mediation, and Trial
During phases 5 through 7, several events will occur. For example, during the discovery phase, depositions of all parties and witnesses will take place, along with interrogatories and requests for supporting documentation. On average, discovery takes 6 to 12 months to complete but may take longer if there are disputes regarding what should be disclosed.
Mediation
During mediation, a neutral third party helps both sides reach an agreement. Mediation sessions usually last from 1 to 2 days and are scheduled 1 to 3 months before the trial date. In Oregon, a significant number of cases are settled during or shortly after mediation concludes.
Trial
Standard car accident cases that go to trial generally last from 3 to 7 days. But only 3 to 5% of personal injury cases are resolved through litigation. During the trial process, a jury will be selected, both sides will give opening statements, and present evidence. Both sides will then present closing arguments, and the jury will decide the case. Oregon Constitution Art. VII, Sec. 5, amended stipulates that at least 9 of the 12 jurors must agree on a verdict.
Unfortunately, post-trial motions and potential appeals can add months or years to the case, delaying compensation for victims.
Factors That Speed Up or Delay Your Case
The time it takes for your car accident case to be resolved depends on the unique facts and circumstances of the case.
Factors That Speed Up Settlement
Some of the factors that can speed up the settlement timeline include:
- Clear liability on the part of the at-fault driver
- Thorough supporting documentation of your injuries and damages
- Reaching MMI quickly
- Having a skilled attorney who can negotiate effectively
Factors That Cause Delays
Commonly reported issues that may cause a car accident case to be delayed include:
- Severe or complex injuries can also require extended treatment
- Multiple or disputed liability issues
- Uncooperative insurance companies
- Court backlogs
- The need for expert witnesses to testify
If you have been injured in a Portland car accident, contact Tillmann Law today at (855) 503-5035 to schedule a free consultation.
