How Long Will It Take to Settle My Car Accident Case?

By Eddie Wiley

Personal Injury Lawyer

Hillier & Hillier Personal Injury Lawyers

When Will My Case Settle?

It is unknown when your case may settle, and you should be cautious of any promise to settle your case within a specific timeframe. Some cases resolve relatively quickly and within a year of the date of the accident, while other complex cases may require years of litigation before reaching a reasonable settlement. Other cases may not settle and may need to proceed to trial.

It is understandable that many individuals may want to settle their cases quickly and move on with their lives. However, when your case settles depends on numerous factors which will be discussed below. Additionally, faster settlements do not necessarily result in optimal outcomes, particularly where your injuries are significant and require extensive medical investigation.

At Hillier & Hillier, we strive to fully investigate claims while considering some clients’ desire for a speedy settlement. Ultimately, the decision to settle your case is up to you. We aim to ensure that you fully understand the amount you will receive from a settlement, as well as all consequences of settling your case, enabling you to make a fully informed decision about resolving your claim. Contact Hillier & Hillier at 905-453-8636 for a FREE CONSULTATION or CLICK HERE to submit an online request for a FREE CONSULTATION.

When Can Settlement Discussions Begin?

Technically, settlement discussions can begin at any stage of a lawsuit. It must be remembered, however, that all parties must be willing to engage in settlement discussions before these can take place.

Numerous factors can influence the parties’ willingness to engage in settlement discussions including the issue of liability and the issue of damages, which is concerned with the severity of your injuries and the impact of these on your ability to work and return to your pre-accident lifestyle.

How Does Liability Impact When Settlement Discussions May Occur?

While there is no general rule as to when settlement discussions may take place, typically cases with straightforward liability scenarios are the best suited for early settlement. Examples of such cases may involve rear-end collisions while you are stopped at a red light.

More complicated liability scenarios, like motor vehicle accident cases with multiple vehicles or credibility concerns and competing stories as to how the accident happened, are often not suited for early settlement and will need to proceed to litigation.

However, even the most straightforward liability cases will require some investigation, while complex liability cases will involve extensive investigation and will often need to proceed to litigation.

In the context of a motor vehicle accident claim, investigating the issue of liability may involve obtaining a motor vehicle accident report from the relevant police department, which may describe how the accident happened. An insurance company for the defendant is unlikely to commence settlement discussions without first receiving some evidence that their insured driver was at fault for the accident. However, quite often the insurance company for the defendant will still wish to proceed to litigation and discovery examinations to obtain the evidence of all parties before commencing settlement discussions.

In medical malpractice and some types of occupiers’ liability cases, the issue of liability can be expensive and time-consuming to investigate and will often delay settlement discussions. For more information on how medical malpractice cases are investigated, click here. For more information on occupiers’ liability cases, click here.

Insurance companies usually do not commence settlement discussions until there is sufficient evidence satisfying them that their insured was liable for the accident or event causing your injury. Likewise, an injured individual should be reluctant to enter settlement discussions until obtaining sufficient evidence establishing that the defendant was at fault. Otherwise, an insurance company may seek to advance discounted offers and argue their insured may not be found to be at fault.  As such, an early settlement is not always to your advantage, and it may be more prudent to proceed to litigation to fully investigate the issue of liability.

An investigation into liability alone is often not sufficient to commence settlement discussions. You will also need to investigate the issues of damages, which is concerned with how much compensation you should receive considering the impact of your injuries on your life.

How Do My Injuries and Medical Recovery Impact When Settlement Discussions Can Take Place?

This is another important factor influencing when your case may settle. It is difficult to enter into settlement discussions before fully understanding the severity, prognosis, and impact of your injuries on your life. It is difficult, if not impossible, to quantify your future damages until enough time has passed for you to recover and to allow for an assessment of how your injuries will impact your future ability to work and return to your daily activities.

It can take many months and perhaps several years to fully understand the impact of your injuries. For example, individuals who sustain head injuries or orthopaedic injuries in an accident may be significantly compromised in the weeks and months following an accident, but then may recover sufficiently to return to work while others may not. By contrast, what may seem like a straightforward neck and low back strain may develop into a significant chronic pain disorder which subsequently prevents you from returning to work.

The ability to return to work may significantly impact the value of your future loss of income claim, which is why both the insurance company and your own lawyer will want to wait a sufficient period to fully assess the impact of your injuries on your ability to work.

It may also be unclear how much future care you require. For example, an individual who initially requires hospitalization and frequent nursing care may eventually require significantly less assistance. Others may continue to require substantial attendant care after reaching maximum medical recovery. The level of future care required can have a significant impact on the value of the claim.  

It is often necessary to obtain expert evidence from medical specialists to comment on when you are expected to reach maximum medical recovery, and whether you will be able to return to work, require medical care, and need assistance with your housekeeping after reaching a full recovery. You may also need to retain a life care planner to create a life care plan and an accountant to calculate the cost to implement this plan. An accountant may also be needed to calculate your future income loss and the cost of housekeeping and home maintenance assistance you may require because of your injuries.

Essentially, it is difficult to fully quantify your claim for damages until you have reached a new baseline after recovering from your injuries, which can be used to predict your future functioning. Again, this may take several months or years.

It may be frustrating to have to wait for compensation from the at-fault party. However, waiting may be necessary to avoid an early settlement that does not adequately account for your future losses.  

Early settlements may be appropriate where your injuries have healed, your prognosis is reasonably clear, and you are not expected to incur significant future losses.  By contrast, settlement discussions may need to be delayed where you have sustained complex injuries, require further surgery, or have an uncertain prognosis.  

However, there is no general rule as to when a settlement may take place. Your injuries, recovery, and prognosis are a few of many factors that influence the timing of settlement.

It must be remembered that settlement discussions involve the willing participation of all parties. Some insurance companies prefer to proceed to litigation and examinations for discovery before engaging in settlement discussions, while others may wait until expert reports have been exchanged.

When settlement discussions occur may also depend on the expectations of each party. If there is a significant difference between what the defendant is willing to offer and what the plaintiff is willing to accept, this too may prolong settlement discussions and ultimately a settlement.

Do I Have to Start a Lawsuit Before My Case Can Settle?

No. You generally have two years from the date your claim was discovered to commence a lawsuit. In some circumstances, your lawyer may be able to settle your case with the insurance company before you start a lawsuit and before defence counsel is retained.

However, if the insurance company does not advance a reasonable offer, you may need to commence a lawsuit before your case can settle. Settlement discussions can continue throughout the litigation, and most cases do settle without the need for a trial.

How Long Does a Car Accident Lawsuit Take in Ontario?

It depends on the facts of each case. It may take several years to settle a car accident claim and even longer to proceed to trial and obtain a verdict. A car accident lawsuit may involve the following steps:

Car Accident

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Retain Lawyer

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Investigation

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File and Exchange Pleadings (Start and Serve Lawsuit)

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Documentary Discovery (Exchange Relevant Documents)

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Examinations for Discovery

⬇️

Medical Assessments

⬇️

Mediation

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Pre-Trial

⬇️

Trial

Your case may settle at any time after your accident up to the date of trial.

What Factors Can Delay a Settlement?

Other factors that can delay settlement include:

• The insurance company representing the defendant: the approach taken by the defendant’s insurance company can significantly affect the timing of settlement. Some insurers may engage in early settlement discussions while others may wait until examinations for discovery, the exchange of expert reports, mediation, or even shortly before trial before advancing a meaningful settlement offer.  

  
  

• Cases involving multiple plaintiffs with separate lawsuits are typically slower to settle than cases with a single plaintiff. Insurance companies are often unwilling to settle one plaintiff’s case without the other, and your case may be delayed while having to wait for the other plaintiff’s case to be prepared for settlement discussions or mediation, a process where the parties meet with a mediator and exchange offers in an effort to settle the case.

  
  

• The positions of the parties are another relevant factor. If one or both parties are unwilling to acknowledge the weaknesses of their respective cases, this will delay settlement and may ultimately require a trial. 

  
  

• Related claims for Accident Benefits, Long-Term Disability, or other Benefits. The availability and amount of these benefits may be deductible in a lawsuit and may impact an assessment of damages. The parties may need additional information about the availability of other benefits before damages can be fully assessed.

  
  

• The availability of expert evidence is another factor. Certain claims such as for a loss of future income, cost of future care, and cost of future housekeeping and home maintenance, may require accounting evidence to accurately calculate these heads of damages. It takes time to gather all relevant employment records, pay stubs, and income tax returns, which must be provided to an accountant. It takes additional time for the accountant to prepare a report. Obtaining expert evidence is a crucial but time-consuming step in pursuing your claim for damages.

  
  

• Court scheduling. Depending on the courthouse, parties may wait a significant period for an available trial date.

• Material changes in your circumstances may also delay settlement. For example, if your injuries worsen and you become unable to work, additional expert evidence may be required to assess your income loss. The defendant may also seek a further examination for discovery concerning this development. Similar delays may occur if your future care needs significantly increase.

  
  

• Involvement in subsequent accidents may also delay settlement. You will usually need to start another lawsuit if you are involved in a subsequent accident where another at-fault party causes you injuries. Your existing lawsuit may need to be joined with the new lawsuit. This can significantly delay resolution. Even if you do not commence a separate lawsuit arising from a subsequent accident, your original lawsuit may still be delayed to allow for a full investigation of your new injuries and the impact of these upon your existing claim.

Most of the above factors have one theme in common: the need for sufficient evidence to fully understand and quantify your damages before your case settles. Once you settle your case, you generally cannot reopen your claim simply because your injuries worsened or your future losses turn out to be greater than anticipated. For this reason, a thorough investigation may take time but can help ensure that your settlement adequately considers the future impact of your injuries.

How Long After Settlement Until I Get Paid?

Typically, you will receive your settlement funds within 3-4 weeks after accepting an offer and signing a settlement release. However, this timeline may be extended where additional procedural steps must be taken before the funds can be provided to you.

Frequently Asked Questions

Q. Can my lawyer speed up my settlement?

A. Your lawyer cannot force the insurance company to advance an offer. However, your lawyer can and should diligently investigate your claim, obtain necessary expert evidence, advance the litigation, and prepare your case for trial. Thorough preparation may place pressure on the insurance company to advance a reasonable settlement offer.

Q. Why is my lawyer waiting to settle my case?

A. Your lawyer may recommend waiting until there is sufficient evidence to understand the impact of your injuries and meaningfully assess your damages. Injuries can improve or worsen over time, and settling before your prognosis and future losses are reasonably understood may result in undercompensation. Settlement may also be delayed by factors outside your lawyer’s control.

Q. Will my case have to go to trial?

A. Not necessarily. Most personal injury claims settle before trial. However, whether your case will need to go to trial depends on the facts of your case and the parties’ positions with respect to settlement.

Q. Can I settle before reaching maximum medical recovery?

A. Yes. However, settling before maximum medical recovery may result in being undercompensated if your condition changes or complications arise that were not reasonably accounted for at the time of settlement. 

If you have reached maximum medical recovery, you will likely still need expert evidence addressing whether you will continue to experience symptoms from your injuries and whether these will impact your daily activities including your employment.

Q. Does a more serious injury take longer to settle?

A. Not always. The main consideration as to when a case is ready for settlement is whether there is sufficient evidence to fully understand the impact of an individual’s injuries on their life. Cases involving serious injuries may settle earlier than cases involving less serious injuries if the impact of the serious injuries is well understood and the resulting damages can be quantified.

Q. Can my lawyer force me not to settle my case?

A. No. Your lawyer can provide an assessment of your case, advise whether a settlement offer is reasonable, and explain the risks and potential cost consequences of accepting or rejecting an offer. However, your lawyer cannot force you to accept or reject a settlement offer. Ultimately, the decision to settle your case is yours.  

The lawyers at Hillier & Hillier have represented thousands of injured individuals at all stages of litigation. We thoroughly investigate our clients’ claims and obtain the evidence necessary to understand both the present and future impact of their injuries. We advise our clients of the risks and potential consequences of accepting or rejecting a settlement offer, enabling them to make an informed decision about when, and whether, to settle their case.  

Contact Hillier & Hillier at 905-453-8636 for a FREE CONSULTATION or CLICK HERE to submit an online request for a FREE CONSULTATION.