How long it takes to resolve your Tampa car accident case varies based on the circumstances. The severity of your injuries, your medical care needs, the investigation to prove liability, settlement negotiations, the statute of limitations, and whether you go to trial may all play a role. Keep in mind that settling your case quickly doesn’t necessarily mean it will cover the full extent of your damages.
A Tampa car accident lawyer can review your case and help ensure you receive the compensation you need. They will talk to the insurance company on your behalf and fight for your rights in a trial if it comes to that.
Your Injuries And Medical Care May Affect The Length Of Your Car Accident Case
Car accident victims could suffer from a wide range of injuries, such as:
- Traumatic brain injuries (TBI)
- Spinal cord injuries (e.g., herniated discs)
- Burns
- Whiplash
- Lacerations and contusions
- Broken bones
- Abdominal or chest injuries
Depending on the type, nature, and severity of your injuries, you might undergo medical care for several months or years. You might even require lifelong care. Thus, starting your medical care right away is critical—whether you go to the hospital from the scene or make an appointment with your primary care physician soon after.
Your medical team can treat you right then or refer you to a specialist. From there, they will construct a treatment plan, giving you a prognosis of your recovery time and associated medical costs. This way, your attorney will have the necessary information to go after appropriate compensation. In turn, this may reduce delays and help move your case along.
Proving Liability in a Tampa Car Accident Claim
Sometimes, identifying who caused the accident is straightforward. However, determining fault and liability in a car accident can be tricky. Multiple parties might hold blame, or it could be challenging to determine one responsible party. This process can add time to the length of your claim. Whatever the case, your Tampa car accident attorney can gather the following evidence to prove liability:
- Photographs of any visible injuries, the crash scene, or the damage sustained by the vehicles involved
- Video footage that caught the crash
- The police accident report
- Medical records and statements from your doctors
- Eyewitness accounts
- Car maintenance records
Using this information, you may find that one or more of the following parties bears responsibility:
- The other driver: If they didn’t safely merge or change lanes or were fatigued, distracted, under the influence, or speeding.
- A car mechanic: If they fail to detect an issue or perform a repair or service incorrectly.
- A parts manufacturer: If the company made a defective part that triggered the crash.
- A government agency: If it failed to warn road users about potential hazards or didn’t clean up debris promptly.
Your Tampa personal injury lawyer can go after each liable party accordingly.
Using The Standard Of Negligence To Prove Car Accident Liability
After your lawyer has gathered the evidence and figured out who to hold accountable, they must apply it to the negligence standard. Each of these components must be in your case for you to get compensation:
- Duty of care: The other party had to ensure the safety of everyone on the road.
- Breach of duty: They failed to exercise this duty of care.
- Causation: This failure led to a car crash.
- Damages: You suffered economic and noneconomic losses due to your injuries, such as medical bills, income loss, future loss of earning capacity, pain and suffering, and scarring and disfigurement.
The extent and nature of your damages may affect how long your case takes to resolve. The greater the severity, the more time will usually go into completing your claim.
Negotiations Can Affect How Long It Takes For A Car Accident Case To Resolve
Settlement negotiations are one of the biggest factors in the length of your case. Insurance adjusters often won’t offer a figure that sufficiently covers your losses. In that event, your attorney will counter their offer, and negotiations will commence.
Both sides could go back and forth for several months or even years. There’s no way to say how long since every case differs. However, negotiations can become prolonged if the insurance company claims:
- You’re not as hurt as you say you are
- Your evidence is insufficient to establish liability
However, going to trial is rare, and insurance companies want to avoid it as much as possible due to the time, cost, and resources involved. Still, if the insurer doesn’t offer a fair settlement, your lawyer will file a personal injury lawsuit and represent you before a judge and jury.
Resolve Your Tampa Car Accident Case Before The Statute Of Limitations Expires
Not waiting to begin your case after a car accident in Tampa is critical. The state enforces a two-year statute of limitations on car crashes that result in either personal injury or wrongful death, per Florida Statutes § 95.11. If you don’t file before this deadline, you might run out of options for fair compensation.
Involving a car accident attorney immediately after your accident helps mitigate this risk. They’re used to working under strict time limits and can work to ensure they sue the other party before the two years are up.
Call The Law Offices of Anidjar & Levine Following A Tampa Car Accident
Although the Law Offices of Anidjar & Levine can’t say precisely how long your Tampa car accident case will take to resolve, our team will strive to move things forward efficiently and effectively. You worry about getting better. We’ll take care of everything else.
Reach out to our team today for a free consultation. Our Tampa car accident lawyers work on contingency, so we only get paid if we win your case.
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