How Long Does It Take to Get a Settlement From a Car Accident in California?
If you have been in a car accident, you are entitled to compensation if you decide to pursue legal action. There is a lengthy process to proceed with a legal claim against someone, so many wonder, “How long does it take to get a settlement from a car accident in California?” If you are seeking assistance with your car accident case, we at Shaffer Law can provide it.
What to Do After a Car Accident
If you have been in a car accident, you must report it to law enforcement or California’s DMV. Notify law enforcement within 24 hours, and let the DMV know within 10 days. Accidents should be reported if:
- There has been at least $1,000 in property damage.
- Someone has been injured.
- Someone has been killed.
After notifying the relevant authorities about the incident, you can pursue a car accident claim if someone is at fault for your accident. If the court finds the other person guilty of negligence, you can get a settlement.
The Legal Process
If you do decide to pursue legal action for a car accident, California’s car accident laws only permit a claim within two years of the accident happening. It may take some time for the case to actually begin in court. The other person may not respond to your claim immediately; if that happens, it may cause delays.
Most cases are settled before a trial is necessary. Your attorney and the other side’s representatives negotiate until a fair settlement is reached. However, if a claim is not resolved out of court and you choose to have a jury trial, that may take much longer. Once a determination for a case amount has been reached, you can get payments for the damages you are seeking.
In the 2020-2021 fiscal year, 44,544 motor vehicle cases were filed in California. Of these cases, 32,777 cases received dispositions, and 105 cases were dismissed. 31 jury trials and 150 court trials took place for motor vehicle cases.
Receiving a Judgment
If you have won a verdict for a car accident, it may take some time before you are paid. After a judge determines that you have won your case, they will issue a judgment that states:
- How much you are owed
- The party that pays it
- Any other attorney or legal fees you would have to pay
After a judgment is issued, the other side has five days to review it and bring it back to the judge for them to sign and file. The other side can file an appeal if they feel that is necessary.
How Long Does It Take to Get Your Settlement?
You can ask whoever owes you a settlement amount to pay you directly. If they don’t answer, the court can order them to pay you. You can get a full settlement payout, or it can be paid out over a period of time. The court must be informed if a full settlement amount is paid.
If the debtor chooses not to pay a full settlement at once or does not respond, there are many ways that payments can be carried out. These can include:
- Writ of Execution, where a California Sheriff will collect for you either:
- A bank levy
- Wage garnishment
- Abstract of judgment, where you can put a lien on someone’s property until payment is complete
- License suspension (only for car accident cases)
- Turning over/selling property
Most civil judgments last approximately 10 years, depending on the settlement amount. In some cases, judgments can last for less if the debtor can pay it off by then. If there is a case where a judgment takes longer than 10 years to pay off, you must renew it, or you cannot collect a settlement anymore. It is important to do so to get the money you deserve.
FAQs
How Long Is It Until You Can Get a Car Accident Settlement in California?
How long it will be until you can get a car accident settlement in California will vary, as each situation is different. The more complicated a case is, the more time it may take for the court to reach a decision. It can take months to a year to settle a case. If the case is not settled in court, there can be a jury trial, and that may take even more time to resolve.
How Much Is the Average Car Accident Settlement in CA?
It is hard to determine an average car accident settlement because every case can differ. A settlement offer should reflect:
- The severity of the car accident
- The amount of property damage that occurred
- Whether there have been injuries or fatalities
- The amount of damages you are seeking
- Whether you have suffered emotional losses
What Is a Reasonable Settlement Offer?
A reasonable settlement offer should meet your needs. Depending on the amount of damages you are seeking, both economic and non-economic, a reasonable settlement offer would be any amount that is enough compensation for all your damages. Often, your California car accident attorney can settle your case out of court, prior to a trial, to make the process easier for you.
How Long Do You Wait to Get Paid After a Claim?
You can get paid after a judge signs a judgment determining how much you are owed. You can get paid the full settlement amount at once, or you may be paid over a certain timeframe. There can be weekly, monthly, or yearly payments, depending on the amount. Most judgments last 10 years, but some can last longer if you renew them.
Hire a Car Accident Lawyer
If you have been in a car accident, you can file a claim in court to obtain financial compensation. It is recommended to hire a car accident lawyer; if you work with Shaffer Law, you can have a seasoned advocate by your side. Shaffer Law has over 30 years of experience with car accident cases in California. Contact our office today to set up a consultation with our firm.
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