Usually speaking, a car accident claim will never reach trial, and this is especially true of claims for a rear-end collision. One of the main reasons for this is that establishing liability for the accident is almost always going to be obvious: the person behind you failed to stop in time. The only snags in the case should come from calculating how much you should get in compensation, collecting damages for medical costs, car bills, etc.
Now while your case can expire if you do not file in time, it is often best to wait to ask for the settlement itself until you are nearly finished with your medical treatment. This would mean that you are at your maximum medical improvement (MMI). Your personal injury lawyer can help you understand how your particular claim should be timed.
The reason to wait for the settlement is if you want to be compensated for your medical bills, you may have to wait to figure exactly how much they end up costing you. The same goes for insurers, who are not going to want to negotiate a settlement anyway until they have the information they need, such as your complete medical treatment. And if an insurer is not ready to seriously negotiate, then you will not get any closer to a settlement. You have to wait as it is until an insurer is ready to begin.
It is also possible that your personal injury lawyer will be able to arrive a settlement before ever having to file a lawsuit. In this case, your attorney would submit a request in writing, carrying all the information necessary to determine damages, starting the ball on negotiations. But while lawyers on their own may be able to get the job done, many auto accident claims now require a mediator as well.
A third party, a legal or insurance professional, or a judge, may sit in on the negotiations, hearing each party’s side and trying to get them all to reach an agreement. This could happen in an hours-long meeting, or in meetings that spread over a few days. While this method is not always successful, rear-end accidents are often straightforward enough to be settled rather swiftly.
Whichever route you end up taking, a settlement is not arrived at until you say it is. Once you accept a settlement, the case is finished. But you should not accept until you are one-hundred percent certain, as it is almost impossible to ever go back. Once you end the settlement negotiations, they are usually ended for good.
To learn more about your case and how you can get compensation after a car accident, do not hesitate to contact the Whitley Law Firm. A Durham personal injury lawyer from our firm may be able to help you obtain the maximum compensation you are owed.