After a serious car accident, one of the first questions many people ask is how long the legal process will take.
An Aurora car accident lawsuit may take weeks, months, or even years, depending on the details involved. Some cases settle before a lawsuit is ever filed, while others move through the court system due to disputes over liability or damages.
Factors That Affect How Long a Claim Takes
Several elements influence whether your case moves quickly or slowly:
- Severity of injuries. Claims involving minor injuries such as strains or bruises usually resolve faster than cases involving catastrophic or disabling injuries.
- Medical treatment timeline. If you are still undergoing treatment or physical therapy, insurers often wait to evaluate your claim until your condition stabilizes.
- Disputes over fault. When the other driver denies responsibility or alleges you were partly to blame, negotiations may stall and increase the likelihood of litigation.
- Multiple parties or commercial vehicles. Accidents involving delivery trucks, rideshare vehicles, or company fleets typically require coordination with multiple insurers and may involve extended investigations.
- Court scheduling. Once a lawsuit is filed, busy court dockets can add months to the process.
A General Timeline for an Aurora Car Accident Claim
Although each case is unique, most follow a similar pattern:
Early treatment and evidence gathering (first few weeks).
Immediately after the crash, obtaining quality medical care is the top priority. During this period, the insurance company and/or your attorney will begin preliminary investigations and collect evidence such as police reports, witness statements, photos, etc. Attorneys may also request that key evidence be preserved, such as vehicle data or surveillance footage.
Continued medical care and documentation (several months).
As treatment continues, doctors determine whether additional procedures or long-term care will be needed. Your attorney will gather your medical records, bills, wage loss information, and other proof of damages to get a sense of your claim value. Many attorneys wait until their client reaches a stable condition (known as “maximum medical improvement”) before calculating the full value of the claim.
Settlement negotiations (several more months).
Once damages are clear, your attorney will submit a formal demand to the insurance company. The insurer reviews the materials and responds, often with a counteroffer. Negotiations may go back and forth multiple times before an agreement is reached.
Litigation, if necessary (one year or longer).
If negotiations fail, your attorney will file a lawsuit against the insurance company. The case then moves into discovery, where both sides exchange evidence and take depositions. Mediation or settlement talks often continue during this phase. While many lawsuits settle before trial, cases that proceed to trial often have the longest timeline.
How to Keep the Process Moving
You can’t control every delay in your case, and you don’t want it to resolve so quickly that you fail to recover full compensation. However, you can take certain steps to help avoid unnecessary slowdowns:
- Follow your medical treatment plan closely and attend all appointments.
- Keep copies of bills, records, and receipts related to the accident.
- Avoid posting about the crash or your injuries on social media.
- Consult an experienced Aurora car accident lawyer as early as possible.
At Feagans Law Group, our skilled car accident attorneys in Aurora will not only protect your rights but also facilitate smoother negotiations and more favorable outcomes. While patience is sometimes required, the goal is to secure full and fair compensation, not simply the fastest settlement possible. Schedule your free consultation today.