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What Factors Prolong a Car Accident Claim in Portland?

Posted on June 21, 2022 in

If you are filing a car accident claim, your first question may concern how long it will take for you to receive compensation. These collisions can lead to serious injuries and trauma, and you may need the money to pay for medical care, recover from lost wages, and treat a host of other losses.

Depending on your circumstances, a Portland car accident claim can take up to a year or longer to reach a settlement. However, it is possible for a case to settle within a few months or even a few weeks. Certain factors can prolong your case’s timeline, such as filing a lawsuit or having severe injuries.

Factors that affect portland car accident claims

Filing a Lawsuit versus an Insurance Claim

After a car accident, you have two pathways to recover compensation: filing an insurance claim or filing a lawsuit in Oregon civil court. Generally, insurance claims settle faster than personal injury lawsuits.

During the insurance process, an adjuster will investigate your case and issue a decision regarding whether you should receive a settlement. It can take a few months for your case to reach a conclusion. Litigation takes much longer and involves a series of complex steps; it could take a year or longer for your case to resolve.

While the process may take longer, there are some situations where filing a lawsuit is in your best interest. Speak to an Oregon car accident attorney to determine your optimal path to compensation.

The Severity of Your Injuries

Generally, the more severe your injuries, the longer that it will take your claim to reach a settlement. This is because your lawyer will want you to reach maximum medical improvement (MMI) before filing your case.

At MMI, your injuries will have healed to the furthest point possible. Before you reach this stage, it can be difficult to know the full extent of your injuries and the care that you will require in the future. Your attorney will want you to reach MMI first so that you can request the maximum possible settlement and recover the settlement that you deserve.

Additionally, people with severe injuries are more likely to request a very high settlement. As a result, insurance companies are often reluctant to settle the claim out of court, or your damages may exceed the company’s policy limits. Your case will likely proceed to court in these situations, further prolonging your case.

The Complexity of Your Accident

The more complex your accident, the longer your car accident claim will take. If your case involves multiple vehicles, unclear liability, government actors, drunk drivers, or any other complicating factor, it may take longer for you to reach a settlement.

For example, if your case involves multiple drivers, it can be difficult to identify who was at fault. This may require an extensive investigation, a careful review of evidence, and consultations with expert witnesses like accident reconstruction specialists. All of these factors can prolong your claim.

Speak to an Portland Car Accident Lawyer

Whether your case is complex or straightforward, you deserve maximum compensation following a car accident. In these situations, you need an attorney on your side who can fight for your right to the highest possible recovery.

As soon as possible following your car accident, contact an Portland car accident lawyer to discuss your case. Your attorney will carefully evaluate your situation and explain your optimal path to compensation.